Section 121 to Mortgage company after a CCJ

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  • #61
    Found your thread at consumeractiongroup. Post #12 appears to detail how they can recover their costs from you.

    Leaseholdanswers was right and things do look grim in terms of costs. I've also been reading up a bit on consumer debt and the Courts can somethimes take the view that ignoring your attempts to sort things out constitutes unreasonable behaviour on their behalf so you might be able to dispute the amount of any costs claimed (or make your own claim?!). I really think those types of decisions depend on what Judge you get on the day though. In fact I've been told as much by a friend who works for Citizens Advice and represents people in debt at Court.

    The other factor is that they have tried to get your mortgage company to pay on the threat of the 121 notice. This will probably come into the whole 'reasonable/unreasonable behaviour' and costs argument with I imagine this approach being considered reasonable.

    I've read the section 121 legislation and think they may be able to take the garage off you until the arrears are paid. This may give the mortgage company cause for conern and they might be tempted to pay up.
    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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    • #62
      Siva,
      thank you for your input, just back from court and we were granted the set aside. Judge was great and has instructed the claimant to do lots of things that should help me out!
      Just wanted to say thank you so much for all your help on this!!

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      • #63
        Originally posted by sick.as.a.chip View Post
        Siva,
        thank you for your input, just back from court and we were granted the set aside. Judge was great and has instructed the claimant to do lots of things that should help me out!
        Just wanted to say thank you so much for all your help on this!!
        Well done.

        Out of interest, did the other party contest your application?

        Has the Judge exerted pressure on them to try and sort it out without the case proceeding?
        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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        • #64
          Great News.

          Might end up like my case where after umpteen appearences the Judge made it clear she was sick of us and the FH was then a lot more open to mediation.

          Andy
          Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

          I do not accept any liability to you in relation to the advice given.

          It is always recommended you seek further advice from a solicitor or legal expert.

          Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

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          • #65
            Originally posted by siva View Post
            Leaseholdanswers is very rarely wrong about these things.
            For the few who know who I am , they know that if I am wrong, then I'll talk for so long that you will give up

            As one of my idols would say " I have half my brain tied behind my back- just to make if fair"

            But thank you for your kind words.
            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.

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            • #66
              The costs in the garage are one thing and while they in theory can be forfeited, if the ownership is restricted or linked it could make it impractical for a landlord stuck with a garage which they can do nothing with. That's why they have gone down the section 121 route and look to distrain.

              You might be lucky not all leases have broad recovery clauses for any and all types of costs.

              Back in 2002 and 1997 I said draft leases need a broad recovery clause , esp when RTM was mooted.

              A lot of draft leases are still being churned out and just allowing all costs for s146.

              One client has reached a settlement with their drafting solicitors over this as they recommended against my advice.

              That said I hope it went well and you get at the least a chance to be re heard.
              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.

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              • #67
                Dying to know.....
                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.

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                • #68
                  Originally posted by siva View Post
                  Well done.

                  Out of interest, did the other party contest your application?

                  Has the Judge exerted pressure on them to try and sort it out without the case proceeding?
                  Hi Siva. The other side objected to nothing! They were not at all prepared we however went in with 3 files full including a typed copy of the communications I have had with them where they quote 5 different amounts to be collected and the instruction from them for me to stop paying! That's what I have to send the the management company in the judges directions from the hearing.

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                  • #69
                    Originally posted by leaseholdanswers View Post
                    Dying to know.....
                    Sorry what are you dying to know?

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                    • #70
                      Originally posted by sick.as.a.chip View Post
                      Sorry what are you dying to know?
                      I was dying to know what happened.

                      It rather sounds like the court has asked you to hand over your files in order to have another hearing. Did they set aside the judgement, or are they setting another date for a hearing it?

                      In any event it's a result for the time being.
                      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


                      • #71
                        Originally posted by leaseholdanswers View Post
                        Dying to know.....
                        Ahh I see! The judgement was set aside and a settlement was suggested. If the management company answer my queries and answer my defence then we don't have to go back!

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