Service Charge Court Hearing

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    Service Charge Court Hearing

    I had a scheduled court hearing with regards to Service Charge Arrears in April. The court sent N159 with an option to deal with the claim on paper alone or postpone till after July. I am not keen on this to be dealt with by papers alone, however, I received a letter from the claimant's solicitors in which they agree for this to be dealt on papers alone. If I don't agree to it, will this affect my case in the actual court hearing?

    #2
    It depends on the reasons for your preference.
    It isn't meant to matter, but it might in reality.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Originally posted by Purple80 View Post
      I had a scheduled court hearing with regards to Service Charge Arrears in April. The court sent N159 with an option to deal with the claim on paper alone or postpone till after July. I am not keen on this to be dealt with by papers alone, however, I received a letter from the claimant's solicitors in which they agree for this to be dealt on papers alone. If I don't agree to it, will this affect my case in the actual court hearing?
      If this is the county court then surely it will just be transferred to FTT, in which case you can say yes and save a wasted day ¿

      Comment


        #4
        Surly this question should be in Leasehold, as rent paying tenants don't pay service charges, The leaseholder pays.
        If you have not paid service charges, then expect to lose big time.

        Comment


          #5
          Originally posted by Purple80 View Post
          I had a scheduled court hearing with regards to Service Charge Arrears in April. The court sent N159 with an option to deal with the claim on paper alone or postpone till after July. I am not keen on this to be dealt with by papers alone, however, I received a letter from the claimant's solicitors in which they agree for this to be dealt on papers alone. If I don't agree to it, will this affect my case in the actual court hearing?
          Like RAM says...do you think you owe the monies? Can they be justified for payments against what is in your LEASE? In all honesty like RAM and other say, pay what you can and ask the court for for the matter to be transferred to FTT asap otherwise they could charge you legal costs and then you would owe more!

          Comment


            #6
            However, I assumed you owe money, or is it Someone owes you money.

            Comment


              #7
              Originally posted by ram View Post
              However, I assumed you owe money, or is it Someone owes you money.
              In that case HE would be the claimant and unlikely to be writing to himself :-)

              Comment


                #8
                Originally posted by Section20z View Post
                In that case HE would be the claimant and unlikely to be writing to himself :-)
                This post was originally in Residential letting, so was unsure who was doing what to whom, how and why, see Post number 4.

                Comment


                  #9
                  I have experience with both court and Property Tribunal for service charges. I can honestly say Court is only interested in settling the money side, they are not thorough with the paper work and the judge I got was really angry that it had been brought to court and not to the Tribunal. Tribunal scrutinises paperwork and the lease and I found was patient with you when you represent yourself. After the experience in court, although I didn’t loose I would alway go for the Tribunal instead.

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