Management company service fees case & set aside *Success*

[sick.as.a.chip]

I know i cant do it until i get the case set aside under CPR but I was wondering if I should ask anyway!

[andydd]

It cant hurt to ask, I was in similar situation (used CPR 18) and asked but the other side simply said it was on small track and therefore didnt apply, Id got a bit lost in paperwork and thought it hadnt been allocated, but it already had onto small track.

 

You can add to your POC that youve asked for docs.

 

Andy

[sick.as.a.chip]

Please can someone tell me if the set aside on Monday is not successful how do we go about asking to pay in installments as its racked up to quite a bit and Christmas is fast approaching!!! I've been searching the net but can't seem to find any information to help??????

Thanks!

[AndyOrch]

You need to submit an N245 and fee and I&E with proposed monthly payment.

 

Regards

 

Andy

[sick.as.a.chip]

You need to submit an N245 and fee and I&E with proposed monthly payment.

 

Regards

 

Andy

 

 

Thanks for calling in Andy! And thanks for that. I want to be as prepared as possible on Monday I'll get the forms ready!

[sick.as.a.chip]

Another one Andy if your about. If I call the claimant and offer to pay what would be the next action? It would be the reduced amt not the ccj amt? The set aside hearing is Monday and the claimant is allowed to attend by telephone?

[andydd]

Depends on the timescale, a certain time after a CCJ is issued you can pay the FULL amount (the amount listed in the Judgment) and it will be settled and the CCJ removed.

 

After that deadline, then you can still pay FULL amount and have CCJ marked as Satisfied, but it still shows on credit reports.

 

Even if you made an offer with other side for an amount but NOT FULL I dobt think that will make any difference, I believe that CCJ has now be given and the claimant cant influence that, they can only say whether or not you have paid FULL amount amount or not.

 

So I dont see much merit in it, you should concentrate on set aside first, if that fails then you may be able to stop enforcement action in its various forms by making arrangement.

 

Andy

[AndyOrch]

Another one Andy if your about. If I call the claimant and offer to pay what would be the next action? It would be the reduced amt not the ccj amt? The set aside hearing is Monday and the claimant is allowed to attend by telephone?

 

If you get the set a side ...wait to see if they wish to proceed and reisssue.....pay it within the required time....marked as settled no CCJ. Yes they are allowed to present by telecom, but your presence should be more persuasive.

 

Andy

[sick.as.a.chip]

If you get the set a side ...wait to see if they wish to proceed and reisssue.....pay it within the required time....marked as settled no CCJ. Yes they are allowed to present by telecom, but your presence should be more persuasive.

 

Andy

 

In your opinion is it better to let the set aside hearing go ahead and argue the case for the set aside then rather than try to stop everything now? Is there no way for the claimant to (if they agree to my payment of what we own) that they cant say at the hearing they are happy for the set aside and then we pay?

[AndyOrch]

Not sure im with you SaaC

 

They have their CCJ now...makes no odds if you pay now or after...at the moment the judgment stands.If you can get the set a side the clock starts again from issue allowing 14 days for payment...no record on your CRA that way.

 

Andy

[sick.as.a.chip]

Not sure im with you SaaC

 

They have their CCJ now...makes no odds if you pay now or after...at the moment the judgment stands.If you can get the set a side the clock starts again from issue allowing 14 days for payment...no record on your CRA that way.

 

Andy

 

Thanks Andy. My head is a bit all over the place today got man flu ha ha! Will push on with the set aside then. When I was reading about set aside's I read that they MAY hold the defence hearing straight after if the set aside is granted would that be likely?

[AndyOrch]

Well if the DJ wishes to consider your proposed defence there and then or whether he allows time for you to present it...I would have a rough draft ready of your intended for the hearing.

[sick.as.a.chip]

Thanks Andy hopefully it will be quiet at work at the weekend and I can beef it up from my witness statement I included with the set aside application. From your experience would it be ok to take my baby 8 months old in with us, I'm struggling to get her looked after??

[AndyOrch]

Enquire with the Court but its not usual.

[sick.as.a.chip]

Quick question, I have an idea that the claimant may claim that the monies we have paid are to be taken off the oldest debt on the account. We have always had issues with the management company here and back in 2010 we were issued a CCJ for covering the service charge since we moved into the house which was part addmitted by us and a judgement was entered.Can they claim that the money we have paid is being used to pay off that judgement without telling us?We did in fact pay the whole judgement and sent them a cheque from my father in law - who has now informed us has not been cashed by the claimant!!I'm stuck and I'm not sure I explained that clearly?

[AndyOrch]

A simple plea to that would be misappropriation of payments.

[sick.as.a.chip]

A simple plea to that would be misappropriation of payments.

 

Sorry Andy but is that what I say to the judge if that is what they claim? I.e 'sir all monies owed prior to this claim were dealt with by xx court in 2010 and a judgement was entered covering that period.'

[andydd]

You do raise a good point, I havnt paid service charges for 3 years 2008,2009,2010....they completely ballsed up legal action and it ended up with the case being struck out and summary judgment in my favour so like stat barred debts the money may well be technically owing it cant every be recovered using the court/legal system..if I pay money now what is to stop them using them (trying) to use funds to pay off the legally unenforecable debt ?

 

Andy

[sick.as.a.chip]

Hi Andyorch once again you've been great thank you got a great judge this morning that set aside the claim and took a very harsh line with the claimant! Even at one point asking the solicitor if he was a solicitor!!!! He has instructed the claimant to do loads of things and suggested we settle if not he will see us again in Feb and it will be him that handles the claim!

[andydd]

Even at one point asking the solicitor if he was a solicitor!!!! !

 

It surprisng how dumb they can be, I owe a lot of my success to the sheer incometence of my FH's solicitor, it was no surprise to learn they had parted ways

 

*Updated the thread title*

 

Andy

[AndyOrch]

Well done on the set a side SaaC...keep your eye on the claimant now and check the " Order" that they and you are to follow before Feb.

 

Regards

 

Andy

[andydd]

Yes..dont be afraid to jump straight in if they dont follow any order on the exact due date(s).

[sick.as.a.chip]

Yes..dont be afraid to jump straight in if they dont follow any order on the exact due date(s).

 

I have to send them copies of the e-mails they sent me with the 5 different amt's owed on and they have to give me the name of a senior manager who I can talk directly to amongst other things! Oh and the judge even wrote down the name and direct number for the solicitor who was on the phone at the hearing to give to us! I did manage to slip in at the end about the section 121 notice to our mortgage company and he looked horrified and said'I do hope you have instructed them not to pay it' he did say he'd had dealing's with the claimant before too oops!!

[andydd]

Dont know much about S121, but approaching the mortgage company is a bit of a sneaky trick by some FH/MA's... as there appears to be no rules about how/when it should be done.

 

It is quite possible for a FH/MA to approach a mortgage company and get payment from them before notifying thye homewoner or having the isue dealt with at court. Clearly if there is a real risk of re-possession/forfeiture then its in the mortagae company's interest to pay up but this has/can be abused.

 

Andy

[sick.as.a.chip]

Andy bloody letter through the door today with a N260 statement of costs for the set aside. Total £1500. Nothing from the court just the claimant? Confused?????