Small claim online

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    Small claim online

    I have finally submitted the claim online and it is now nearing 14 days since the claim paperwork was delivered and the leaseholder doesn't pick up the post.

    Please note the leaseholder doesn't live in the address and didn't provide FHs or our solicitor with his current address.

    So my question is what is next for me?

    Just wait for the court to notify me that no reply received and file for default payments and then send paperwork to leaseholder mortgage company?

    it is northern rock and they did not reply to my previous letters re insurance not valid.


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    #2
    You should apply for judgement in default.

    Then contact Northern Rock asking if they will settle on the borrowers' behalf, if they decline (very unlikely) then have a solicitor issue proceedings for possession and or issue a Section 146 Notice - that for certain will make Northern Rock pay up


    Comment


      #3
      The mortgagee would require a copy of the court order and would ask the leaseholder if there is any reason not to pay. That may be the first time that the leaseholder becomes aware of the legal action and an application could be made to strike out the court order.

      Comment


        #4
        sgclacy , could I do it? It is for property maintenance, not ground rent - I'm under impression I should 1st apply to section 168? Or did I get it wrong?

        Comment


          #5
          eagle2 , I have a bundle of post not picked up for the last 6 months or more.
          so don't think the mortgage company will get a reply from the leaseholder.

          And if they do - well he would need to provide his current address.

          Comment


            #6
            can't you track him down on social media?

            Comment


              #7
              Originally posted by Anna1985 View Post
              sgclacy , could I do it? It is for property maintenance, not ground rent - I'm under impression I should 1st apply to section 168? Or did I get it wrong?
              Easy enough, just log in online and apply for default judgement once response time has elapsed. After another few days they will issue judgement, you just send it on to Northern Rock.
              Personally I would issue s146 alongside (plenty of sample forms online) and charge another £150 to cover the hassle.
              Northern Rock will pay within 7 days once you have court ruling.

              Comment


                #8
                You can use a tracing agent if you wish to make contact with the leaseholder. Issuing forfeiture proceedings will only damage the relationship.

                Comment


                  #9
                  eagle2 , there is no relationship to damage - the LL doesn't want to do any maintenance as he doesn't live in the property.
                  both FFS live in the property. We want property to be maintained well.

                  So there is a problem and it would be only be resolved when LLS will get an understanding that he needs to pay his fair share and starts acting as a LL.

                  We do know where LLs lives but he didn't provide his actual address neither to us nor solicitor so according to LR he is living at the address.

                  ​​​​​

                  Comment


                    #10
                    Section20z , I'm under impression that I need a breach to be confirmed by court ie application for section 168.

                    Once I have it then, section 146 notice

                    Comment


                      #11
                      What is the point of playing games, if you know his address, just send correspondence to him. You should be trying to bridge the differences, instead you are fuelling the fire which will only cause further problems in future.

                      Comment


                        #12
                        Anna1985,

                        My understanding is that a court judgement is acceptable prerequisite for s146 and I have used this many times. It's not your job to trace someone who is avoiding their obligations, he can contact you if he wants to build a relationship.

                        Comment


                          #13
                          Section20z , thank you, I will check if that is sufficient.
                          ​​​​​​

                          Comment


                            #14
                            eagle2 - what games do I play?
                            Do I hide my address or other FF's one - nope.
                            Do we ask monies for something that is not in the lease - nope.
                            we just want our house to be safe and well maintained.
                            Why do you think we are playing games?
                            ​​​​​​
                            ​​​​​​why you don't think so about the person who simply refuse to have any repairs or basic maintenance carried out?
                            ​​​​​​

                            Comment


                              #15
                              Section20z , yes you are right, a small claim determination is sufficient.

                              Unfortunately we would need to wait until we claim next payment for repairs, as the current one is under £350.

                              Comment

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