Section 121 to Mortgage company after a CCJ

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  • #31
    Originally posted by sick.as.a.chip View Post
    My problem is I don't think detailed anywhere is a breakdown of what they can and can not charge. I will contact HMLR as soon as it is a sensible time and see what they say! Thank you for bearing with me on this!
    But until you have the lease you dont know do you? You haven't quoted the section in your transfer as to what you pay not broken down the bill....nor the bill or estimates from the MA.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

    Comment


    • #32
      Originally posted by sick.as.a.chip View Post
      My set aside hearing is due on Monday and if I am granted the set aside my defence will be based firstly and mainly on that I have paid and wanted to pay. The legality of everything is going to be my back up. I'm prelonging the case as I believe if I pay the judgement then I will have paid 400+ over and above what I need to pay. All the points LHA is helping me with is all ammunition if I need it.
      It's not back up, if you are going to argue that you wanted to pay then you need to use what I said earlier.

      Originally posted by leaseholdanswers View Post
      Your reasoning seems to be that for extraordinary circumstances you failed to pay, attempted to rectify that and payments were declined. Rather than negotiate or resolve they issued proceedings. You now know that property companies take a harder line that the current public expectation that companies need to take a resolution first approach not sue first
      You will have seen the CPR by now and use that as substantiation for that belief.


      Even if a Judge's understanding is limited, you have to be in a position to explain it to them, as suggested earlier,
      which is why you need it earlier to understand it.

      Either they will see that the claim itself is unfounded or in doubt, or as I expect will squirm at the thought of a further hearing and in the silence, " If I may, I would listen to an offer of paying, now, what I owed £200 and say £200 on costs and call it a day" and produce £400 in cash.
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

      Comment


      • #33
        I have contacted my solicitor at the time and they are checking the records to see if there is a lease on file. I have downloaded the title
        From land registry and need to request the lease via post :-( which I will do! The worrying part is my garage is not shown in red on the plan??

        Comment


        • #34
          Originally posted by sick.as.a.chip View Post
          I'm starting to think hubby may be right but in my heart I cant let them win if they are not right.
          Hi sick.as.a.chip,

          I have full sympathy with your situation and also see the dilemma of having to pay the £400 twice. Speaking from a purely financial point of view you are risking putting your financial situation in a worse state because of the costs that the LL may be able to claim either via this claim or via the terms of the lease.

          Did the topic of mediation come up prior to the case or in relation to the CC claim?

          Did you offer to pay the full amount owed prior to the claim?

          Do you think it is worth trying to sort something out with them?

          Thinking about the potential new defence that LHA has potentially spotted based on what you have posted. Even if this results in no amount due, you expose yourself to an award of costs if you change your defence part way though a case. Even one on the small claims track.

          Speaking purely from a financial point of view I would be tempted to try and sort something out with the claimant before Monday.
          I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

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          • #35
            Does anyone know why the garage would not be shown on the title plan?

            Comment


            • #36
              Originally posted by sick.as.a.chip View Post
              Does anyone know why the garage would not be shown on the title plan?
              Which plan on which title? Aren't we clear on this being a house freehold and a garage leasehold? Is the plan you have for the house or the garage?
              Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

              Comment


              • #37
                Originally posted by siva View Post
                Hi sick.as.a.chip,

                I have full sympathy with your situation and also see the dilemma of having to pay the £400 twice. Speaking from a purely financial point of view you are risking putting your financial situation in a worse state because of the costs that the LL may be able to claim either via this claim or via the terms of the lease.

                Did the topic of mediation come up prior to the case or in relation to the CC claim? HI NO MEDIATION DID NOT COME UP. TO BE HONEST THE STATEMENT THEY SENT WAS SO CONFUSING WE ONLY WORKED OUT AFTER THE FACT THAT THEY HAVE NOT DEDUCED THE AMTS WE HAVE ALREADY PAID IT WAS SO CONFUSING!

                Did you offer to pay the full amount owed prior to the claim? I ASKED REPEDELY FOR AFFORDABLE REPAYMENTS FROM THEM TO REPAY THE BALANCE AGAIN AT THE TIME WE STILL THOUGHT WE OWED 600+ NOT THE 200+ THAT WE OWE.

                Do you think it is worth trying to sort something out with them? FROM MY UNDERSTANDING THEY HAVE THE CCJ NOW AND MY ONLY HOPE TO GET RID OF IT IS THE SET ASIDE ON MONDAY THEN OFFER PAYMENT FROM THERE?? I REALLY WANT TO BE RID OF THIS CCJ!

                Thinking about the potential new defence that LHA has potentially spotted based on what you have posted. Even if this results in no amount due, you expose yourself to an award of costs if you change your defence part way though a case. Even one on the small claims track.

                Speaking purely from a financial point of view I would be tempted to try and sort something out with the claimant before Monday.
                I would love to sort something out with them but my problem now would be that I still have the CCJ and I am not paying the full amt as it is there error in not deducting the monies we have already paid.

                LHA - just ignore my post before I am chasing my own tail and bumping into walls.
                I have a copy now of my lease, what do you need to know??

                Comment


                • #38
                  Originally posted by sick.as.a.chip View Post
                  I would love to sort something out with them but my problem now would be that I still have the CCJ and I am not paying the full amt as it is there error in not deducting the monies we have already paid.
                  Yes, but surely the LL doesn't have to go by the CCJ if it doesn't want to.

                  Or is it that you are worried about the CCJ being a black mark on your credit rating? This is something I don't know too much about but I have a gut feeling that not all CCJ's have such an effect and that there is some extra step (registration of CCJ?) that needs to be taken before it affects you in any way (other than the actual decision itself).
                  I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

                  Comment


                  • #39
                    Take your transfer deed and garage lease and read #27 and break down what was demanded, what was paid, and whats missing, and what if any legal costs can be added.
                    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                    Comment


                    • #40
                      And also remember when you think about continuing that, irrespective of the final decision by the Court or whether costs can be recovered by virtue of the lease, i) if the case is reinstated that the other parties costs for the reinstatement hearing could be awarded to them ii) any costs incurred by the other party in readjusting to take into account a new defence can be awarded.
                      I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

                      Comment


                      • #41
                        OK, service charge demand in hand...
                        its broken down into:
                        type of unit: Apartments
                        Apartments with garage & Car parking space
                        Houses including garage located under apartment and car parking space ****This is what we have***
                        Houses including car parking space accessed via shared parking court
                        Houses
                        ESTATE CHARGE all above are required to pay.
                        BUILDINGS CHARGE we are required to pay this.
                        This covers:
                        block buildings insurance. terrorisim cover
                        insurance valuation
                        management fees - mid
                        legal expenses
                        minor repairs
                        health and safety inspection
                        reserve fund.

                        ESTATE CHARGE COMPRISES OF:
                        gardening
                        Public liability insurance
                        Management fees Mid
                        Audit and accountancy fees
                        company secretaries
                        legal expenses
                        directorship fee
                        postage
                        meetings
                        minor repairs
                        health and safety inspection
                        tree reserve fund
                        reserve fund.

                        More to follow from lease etc.

                        Comment


                        • #42
                          LEASE OF PART
                          in consideration of the price and the covenant on the part of the buyer to pay the rent the company:
                          demises the buyer with full title guarantee the property:
                          with the benefit of the rights in the terms specified in part 1 of the second schedule but:
                          subject to the rights in the terms specified part 2 of the second schedule and
                          Assigns the buyer the benefit (so far as the same attaches to the property) of all the covenants made with the company by any other person who is the registered proprietor of any part of the development or the estate. To hold the same for the Term paying the rent the first payment of which to be made on the date hereof.
                          IT THEN GOES ON TO GIVE DEFINITIONS INCLUDING THE FOLLOWING UNDER
                          "maintenance charge" means (subject to the agreement and declaration in relation thereto contained in paragraph 8 of the seventh schedule:-
                          in relations to the buildings the proportion applicable to the property (specified in part 3 of the sixth schedule) of the sums spent or to be spent by the management company on the matters specified in part 1 of the fifth schedule and so far as the same relate the matters specified in part 2 of the sixth schedule as estimated or adjusted in accordance with part 1 of the sixth schedule.
                          In relation to the accessway a sum equal to the total amount spent or to be spent by the management company on the matters specified in part 2 of the fifth schedule. divided by the number of flats garages and other dwellings within the development including the property.

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                          • #43
                            MAINTENANCE CHARGE COVENANTS
                            the management company and the buyer each covenant with each other and the company in the terms specified in part 1 of the sixth schedule.
                            SIXTH SCHEDULE
                            PART 1(covenants by the management company and the buyer in respect of the maintenance charge)
                            1. Estimate
                            2. Payment
                            the buyer shall within 14 days of reciept of demand therefor pay the management company the maintenance charge.
                            3. Account and adjustment.
                            4. Disputes.

                            PART 2 EXPENDITURE TO BE RECOVERED BY MEANS OF THE MAINTENANCE CHARGE
                            1. COVENANTS
                            the sums spent by the management company of and incidental to the observance and performance of the covenants on the part of the management comany contained in the fifth schedule and part 1 of this schedule.
                            2. SUNDRY FEES
                            all fees charges expenses salaries wages and commissions paid to any Auditor Accountant Surveyor Valuer Architect Solicitor or any other agent contractor or employee whom the management company may employ in connection with the carrying out of its obligations under this lease and the leases included the costs of and incidental to the preperation of the estimates notices and accpunts reffered to in part 1 of this schedule.
                            3. EMPLOYEES
                            All expenditure incurred in respect of any employees of the management company in the provision of uniforms or clothing or accommodation and all outgoings incurred in connection therewith or payable in respect thereof anf the cost of any other such items in connection therewith as the managemnt company shall determine.
                            4. INSURANCE
                            The costs of effecting and maintaining in force the insurance policies.
                            5> RATES
                            all rates including watre rates charges taxes assessments and any othe outgoings payable in respect of the development.
                            6. MAINTENANCE
                            All sums paid by the management company for the repair and maintenance decoration cleaning lighting and managing of the development
                            7. TAX
                            Any tax including VAT paid or payable by the management company to the extent that the same is not recoverable by the management company.
                            8.INTEREST
                            9. LITIGATION
                            The costs incurred by the managemnt company in bringing or defending any actions or other proceedings against or by any person whatsoever.
                            10. ADMINISTRATION
                            The costs of administering the management company including the costs of preparing and auditing accounts the expenses of the directors and the secretary and sending out of notice circulars reports or accounts the holding of meetings and all fees payable to any statutory body or any other body
                            11 RESERVE FUND
                            12. HEAD LEASE

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                            • #44
                              Originally posted by leaseholdanswers View Post
                              But until you have the lease you dont know do you? You haven't quoted the section in your transfer as to what you pay not broken down the bill....nor the bill or estimates from the MA.
                              HI Does the above answer any questions?

                              Comment


                              • #45
                                Originally posted by sick.as.a.chip View Post
                                HI Does the above answer any questions?
                                Have they submitted documentation (to you, to the court) that shows how the demanded amount relates to what they are allowed to charge? Have you asked for a breakdown?

                                When you tried to pay the demand and it was refused, was that a payment in full?

                                LHA's, what were you getting at in post #28?
                                I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

                                Comment

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