Negligence and Judgement by default and repocession

Blue_Max

The landlord instructed a solicitor and they made a claim at the County Court Money Claims Centre
I received a Claim Form, dated 12 Dec 2022
Solicitor's fees and Court fees have been added; a total amounting to £2457.08
When I received a Claim Form, I entrusted Totally ADR (Dispute Resolution, Specialists in Small Claims) to represent me.
So far, I paid them £840 and sent them all documents.
However, I was badly let down.
They had promised to request the Court for an extension and file a defence.
But they did not!
Consequently, I was issued with a Judgement in default. (Claim No. K5QZ442D)
Again, I sent all the paperwork to Totally ADR.
Totally ADR told me that an N244 application was made on 12 March 2023 via the Postal Service.
I found out that the Court did not receive it,

I was then issued with a "Noice Under Section 146 of the Law of Property Act 1925" for a higher sum, to be paid by 16 March 2023.
If I do not pay the plaintiff will start court proceedings for repossession of the property.
I can not find a lawyer who will take on a small claims case
I am 77 years of age. I live on state pension This matter is causing me bouts of anxiety and depression.
Please advise on what to do.

Thank you

sourcrates

Claim forms are fairly simple to complete, they come with guidance notes etc, but I realise some people find them difficult to understand but spending money on a claims company to help you defend your case was not a good decision, and unfortunately a complete waste of your money.

You don’t need to spend more money on a solicitor, what you need to do is apply to the court for an instalment order, to pay what you owe at an affordable monthly rate.

Its court form N-245 you need, you can download it online from here-

https://www.gov.uk/government/publications/form-n245-application-for-suspension-of-a-warrant-and-or-variation-of-an-order

I would also run your situation past National Debtline.org, they will be able to advise you.

There will be a fee to pay for the N-245, but if your on state pension, you should be able to claim remission on the fee, so you also need to complete form EX-160 at the same time-

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

Both forms should be completed and sent ASAP.

Also reaching out to the landlord may help your case, as legal action is usually a last resort, explain what has happened and what you are doing about it, talking to them may be beneficial to you.

macman

You have not given any info about the origin of the LL's claim. Rent arrears, or some other dispute?

fatbelly

You're a leaseholder. You need specialist advice. Run this past

https://www.lease-advice.org/lease-glossary/section-146-notice/

https://clients.lease-advice.org/#/

Blue_Max

fatbelly said:

You're a leaseholder. You need specialist advice. Run this past

https://www.lease-advice.org/lease-glossary/section-146-notice/

https://clients.lease-advice.org/#/

I only own the garage only; not the flat
Lease Advice and the Tribunal only deal with residential leaseholds

Blue_Max

macman said:

You have not given any info about the origin of the LL's claim. Rent arrears, or some other dispute?

> Background:
Campbell Court consists of two buildings.
A block of 8 flats and a row of 8 garages. Some of the garages were newly built by garages Sinclair Gardens Investments (Kensington) Ltd (SGIK Ltd).
On 11 March 1998, I bought Garage 5 and signed a lease prepared by SGIK Ltd, the original builder/landlord.
Before purchase, I was assured by the landlord that I will only be charged for the garage and not for the flats.
Accordingly, I have been paying service charges as demanded by the landlord.
However, the lease asks for 2.5% of all costs including that for the flats.
Possibly an omission by the original landlord.
The 2.5%  is mentioned in 4. (iii) on page 3
My understanding with the original landlord before the purchase was that the 2.5% will be of the
1. Management fees
2. Accountancy fees
3. Buildings Insurance
This is evidenced by the Application for Payment from the original landlord from March 1998 till 30 Aug 2006,
The flats were built many years before the new garages in 1998.
It seems that the landlord forgot to modify the lease for those who own the garage only.

On 30 Aug 2006, Cambell Court Worthing Ltd (CCWL) bought the freehold. This new landlord interprets the lease differently from the original landlord and has been demanding much more than the original landlord intended and practised.
They started demanding a percentage of charges for the flats also.
For example, I am being charged for electricity even though the garage does not have an electricity supply.
I am also being charged for gardening and various works on the block of flats which is a separate building from the garages.
The only maintenance work done by CCWL on my garage is painting the garage frame on two occasions. CCWL did not inform me beforehand so that I could go and open the garage door. Consequently, only half of the frames were painted.

I wrote several letters to CCWL
Payments I made to them were under protest.
Since payment on 11 July 2016 (under protest and without prejudice), I refused to pay all charges except the ground rent.  In Sep 2022, CCWL added £35+VAT 'administration charge'. £1228.61 in total.
Please advise on the merits of the case.

macman

No one on here is qualified to offer you legal advice on what is clearly a complex dispute: you need professional advice from a solicitor specialised in leasehold disputes.
It's not a great idea to accuse a legal firm of 'negligence' and then name them on a public forum: doing so is potentially defamatory.

eddddy

Blue_Max said:

However, the lease asks for 2.5% of all costs including that for the flats.

Possibly an omission by the original landlord.

Do you agree that's what the lease says?  Or do you think the new landlord is misinterpreting the lease?

Did you get advice from a solicitor when you bought the lease?


Just for balance - presumably this means that the other leaseholders have to pay 97.5% of the cost of maintenance and repairs to your garage.

So if there's a forecourt in front of the garage that develops cracks, potholes or it sinks - and it needs repairing or resurfacing, you'll only have to pay 2.5% of the cost.


(And presumably all the other leaseholders percentages add up to 97.5%. So if you don't have tp pay the 2.5%, they'll be a 2.5% shortfall - unless all the other leases are changed to make them add up to 100%.)

How much are the annual charges working out at (excluding late fees, and legal fees relating to non-payment)?

phillw

Blue_Max said:

I found out that the Court did not receive it,

I was then issued with a "Noice Under Section 146 of the Law of Property Act 1925" for a higher sum, to be paid by 16 March 2023.
If I do not pay the plaintiff will start court proceedings for repossession of the property.

What have Totally ADR said you should do?

Blue_Max

phillw said:

Blue_Max said:

I found out that the Court did not receive it,

I was then issued with a "Noice Under Section 146 of the Law of Property Act 1925" for a higher sum, to be paid by 16 March 2023.
If I do not pay the plaintiff will start court proceedings for repossession of the property.

What have Totally ADR said you should do?

-------------------------------------
On 5 April, Craig Johnson of Totally ADR emailed me,
I have just left Court and asked for an update from Caleb about your N244 (which has been processed)
I'm terms of the possession notice once I have spoken with the Court tomorrow I will email the other side confirming that we now are in a position where the notice is void.
---------------------------------------
I asked the solicitor acting for the plaintiff. On 12 April, they replied,
Dear Sir
As far as I am aware, the default judgment remains in place.
I have not heard anything from Totally ADR.
Yours sincerely
Jonathan Everett for and on behalf of Coole Bevis LLP
---------------------------------------
on the 13th Caleb of Totally ADR emailed me,
" There seems to be some confusion."
No one has set aside the judgement.
We have applied to set it aside.
When the paperwork is accepted this will happen.
Until then it's a waiting game"
---------------------------------------

Totally had promised to file a defence, in early January.
But they have not!

Blue_Max

eddddy said:

Blue_Max said:

However, the lease asks for 2.5% of all costs including that for the flats.

Possibly an omission by the original landlord.

Just for balance - presumably this means that the other leaseholders have to pay 97.5% of the cost of maintenance and repairs to your garage.

So if there's a forecourt in front of the garage that develops cracks, potholes or it sinks - and it needs repairing or resurfacing, you'll only have to pay 2.5% of the cost.


(And presumably all the other leaseholders percentages add up to 97.5%. So if you don't have tp pay the 2.5%, they'll be a 2.5% shortfall - unless all the other leases are changed to make them add up to 100%.)

eddddy said:

Blue_Max said:

However, the lease asks for 2.5% of all costs including that for the flats.

Possibly an omission by the original landlord.

Do you agree that's what the lease says?  Or do you think the new landlord is misinterpreting the lease?

Did you get advice from a solicitor when you bought the lease?


Just for balance - presumably this means that the other leaseholders have to pay 97.5% of the cost of maintenance and repairs to your garage.

So if there's a forecourt in front of the garage that develops cracks, potholes or it sinks - and it needs repairing or resurfacing, you'll only have to pay 2.5% of the cost.


(And presumably all the other leaseholders percentages add up to 97.5%. So if you don't have tp pay the 2.5%, they'll be a 2.5% shortfall - unless all the other leases are changed to make them add up to 100%.)

How much are the annual charges working out at (excluding late fees, and legal fees relating to non-payment)?

Thank you eddddy for your observations.
I just found another Paralegal, who seems knowledgeable and keen.
I will mention your comments to him.

The Forecourt in front of the garage is intact.
The only work relating to the garage has been painting the door frames.
And I was charged 100%
Only the outside of the frames was painted. If I was informed I would have gone and opened the garage door.
Before purchase, I was assured by the landlord that I will only be charged for the garage and not for the flats.
My understanding with the original landlord before the purchase was that the 2.5% will be of the
1. Management fees
2. Accountancy fees

3. Buildings Insurance

Accordingly, I have been paying service charges as demanded by the landlord.
This is evidenced by the Application for Payment from the original landlord from March 1998 till 30 Aug 2006,

The lease is in reference to Garage 5. This is referred to in a letter to you from the original landlord dated 30 September 1998.
The cadastral plan also very clearly highlights and refers to Garage 5 only, not the flat.

The budget this year is £11,736. It includes £2000 for the external redecoration of the flats.
I am expected to pay 2.5% of that
Plus Gardening, Pest control, Maintenance & Repair, Electricity, Health & Safety, Insurance Claim Excess paid,
Noting to do with the garage but I am expected to pay 2.5% of these also