Ground rent Claimform - Solicitor ignored my request to pay

[Maki]

Hi,

 

I hope you can help me as I'm not sure what I need to do about a court claim form I've received.

 

To keep this short, I owe £280 in ground rent which I agree with but due to ill health just dont have the funds to pay in full.

 

I received a letter from JB Leitch & Co Solicitors asking me to pay £280 plus £98 legal expenses within 7 days, otherwise they would take me to court. I wrote back to them and offered to clear the debt at £15 per month over 24 months, or until my health improves and I could increase my payments.

 

I haven't received a response and just thought it was due to the Christmas break. However, I've now received a court claim form for £520.27 plus £60 court fee, plus £70 legal costs making £650.27

 

Do I admit part of the amount or reject the whole thing in that they didn't respond and possibly failed the pre-action checklist (unless Ive got that wrong!)

 

Thanks in advance for any advice or poiinters

[AndyOrch]

Hi,

 

I hope you can help me as I'm not sure what I need to do about a court claim form I've received.

 

To keep this short, I owe £280 in ground rent which I agree with but due to ill health just dont have the funds to pay in full.

 

I received a letter from JB Leitch & Co Solicitors asking me to pay £280 plus £98 legal expenses within 7 days,Whats the legal expenses a letter? otherwise they would take me to court. I wrote back to them and offered to clear the debt at £15 per month over 24 months, or until my health improves and I could increase my payments.You retained a copy and this was recorded delivery?

 

I haven't received a response and just thought it was due to the Christmas break. However, I've now received a court claim form for £520.27 plus £60 court fee, plus £70 legal costs making £650.27:!:

 

Do I admit part of the amount or reject the whole thing in that they didn't respond and possibly failed the pre-action checklist (unless Ive got that wrong!) Pre Action Protocol

Thanks in advance for any advice or poiinters

 

 

 

Defence, admission or acknowledgment of service

 

9.2

 

When particulars of claim are served on a defendant, the defendant may –

(a) file or serve an admission in accordance with Part 14;

 

(b) file a defence in accordance with Part 15,

 

(or do both, if he admits only part of the claim); or

 

© file an acknowledgment of service in accordance with Part 10.

Regards

Andy

 

 

[Guest]

edit

Edited January 15, 2011 by Ford
n/a

[Maki]

Thanks for this.

 

To answer the questions, yes the legal expenses was a letter, although they sent a pre-printed sheet explaining the fees cover the setting up of a file, contacting Land Regsitry, writing letter, allowance for time taken to read and respond to anything I might send them etc.

 

I did keep a copy of the letter, but I didn't send it recorded delivery (Lesson learned!)

 

I'll search the protocol.

 

I've acknowleged the the notice and have said I will file a defence - just not sure what to do next.

 

Cheers

[AndyOrch]

So £98 to prepare in anticipation.Their fees go to their Client and the Client charges you costs if they win

The debt is £290.00 the summons must read £290 before you even start to sort this.

Have you acknowledged service and is this a Northampton(MCOL) claim?

 

Regards

 

Andy

[AndyOrch]

I see you have AoS, ok you have 33 days in total if a defence is to be submitted.5 deemed served so that leaves 28 days (14 to AoS and a further 14 to submit your defence.

[Maki]

Yes, it is an online form.

 

However, I only have 10 days to post a defence as Royal Mail took 18 days to deliver the notice and when I spoke to the court was told I was lucky I could still file the acknowledgement as the solicitors hadn't applied to find me in default.

 

Do I admit the £290 and reject the rest on the basis I don't have a clue where it's come from ?

 

Thanks in advance

[AndyOrch]

Well basically yes but with a part admittance you leave open the balance and have to submit a defence to argue it.

Normally a Sol would write to you advising they are handling the debt for their Client and give you 14 days to come to

an agreement to pay.In your case they have all ready front loaded their services and ignored your attempt to sort it out.

The claimant sort the use of the Sol to retrieve the debt and that cost is the Claimants.Now on the summons its should state

debt £290 Court Fee £xx Sols fee £ xxx Total claimed £ xxxxxx If it went to trial and you lost,thats what you would have to pay and receive a CCJ if not paid in full

by xxxxxxxxx.

IMHO I would be communicating either with the claimant or at worse their Sol to say let common sense prevail you will settle the debt they drop their fees.

But its your call.

 

Regards

 

Andy