Management company service fees case & set aside *Success*

[sick.as.a.chip]

The letter is dated 13 th hearing was on the 17th. The franking date was the 13th cut its only arrived today! Cant help think something funny is going on since I've had normal post all Christmas??

[sick.as.a.chip]

Another thing if it was posted on the 13th then should

There not be a copy with our file at the courts? Surely both copies could not have been delayed in the post????

[AndyOrch]

Statement of Costs on a case that has been set a side. Assessment comes at the end of a trial and for the Victor...think they are jumping the gun here or have totally lost the plot.Respond with your Costs for the set a side..after all you have been allowed unlike them.

 

Andy

[sick.as.a.chip]

Thanks Andy that's calmed me down! Just threw me when I opened it. Maybe they did it so I would back down but since it never arrived before the hearing it backfired! Cant wait for the judge to see it! 1500 quid on small claims for a telephone call!!!!! Honest I want some of what they are taking then!!

[AndyOrch]

Get your costs in and put pressure on them.It will divert them away from what they should be concentrating on:wink:

[sick.as.a.chip]

Thanks Andy! Are costs not limited in the small claims court? If the judge had seen this would he have mentioned it? He went through the file in front of us and I never saw that? Do they need to send it to the court too?

[andydd]

Its common practise to hand in your costs summary to the other side and the court a few days before or sometimes on the day so the Judge can have a quick look at it and decide on costs and would normally comment on it at the hearing.

 

Yes its true that costs are limited on small track to court fees, travel costs and time missed from work. Howevger a Judge can award costs on small track if he sees fit.

 

I'm unsure though whether your set aside application would still be on the small track, even if it were it may be fesaible for the other side to ask for costs, after all you should of defended properally the first time, allowing it to get as far as judgment and then asking for a set aside is down to you, therefore you could be liable for the extra work and csosts involved in the set aside application.(Even if you were succesful, as you were).

 

But all of these questions/scenarios involving costs would normally be discussed at the end of the hearing, as they were not Im not sure now if they can ask for costs.

 

Another point worth raising in that in similar sceanrios involving leasehold properties, the lease contains a clause allowing thye freeholder/managing agent to recoup legal costs..HE CAN THEREFORE RECLAIM THEMN SHOULD HE WIN OR LOSE !,

 

Obviously this can be rather unfair, this is why a specific part of landlord legislation was introduced, S20C of landlord & tenant Act 1985 (http://www.legislation.gov.uk/ukpga/1985/70) to allow courts/lvt the discrection to disallow such extra costs.

 

Andy

[AndyOrch]

Check the initial PoC and Judgment if were allowed that is what they are claiming before the judgment was set a side.If its not in their PoC and not on the judgment then disregard.

 

Andy

[sick.as.a.chip]

Finally got the contact details from the legal team to contact them regarding the statements, will give them a call in the morning and see how we get on. Does anyone know what happens if we can arrange to settle this? The judge said it is stayed till 28th febuary??

[andydd]

If you settle it to both sides satisfactuion then that will be the end of it, but make sure that its noted that any settlement is to include costs, sometimes a Tomlin Consent order is done, this just confirms everything in writing.

 

I settled via letter with my Fh and a Tomilin consent order was done (but this does cost, about £50 I think), and my second time it was settled via court mediation service, this consisted of basically just haggling over an amount.

 

Andy

[sick.as.a.chip]

Hi Andydd if your about?? There is a part of my service charge that has not been dealt with by a court. If I asked a LVT to look into this would this apply to other residents on my estate? What I'm getting at is when I speak to them in the morning can I say that if I take this part of my service charge to an LVT and they decide that the charges for admin etc are excessive would that mean all my neighbours who had been charged the same be entitled to a refund if they had paid it?

[andydd]

Hi. Generally not but if an LVT is going ahead then the other leaseholders can ask to be parties to it.

 

If an LVt has already gone ahead then it would be easy for the other LH's to simply point to it and say we should be refunded too but its not automatic right, they may have the hassle of making a claim themselves.

 

Andy

[sick.as.a.chip]

Hi. Generally not but if an LVT is going ahead then the other leaseholders can ask to be parties to it.

 

If an LVt has already gone ahead then it would be easy for the other LH's to simply point to it and say we should be refunded too but its not automatic right, they may have the hassle of making a claim themselves.

 

Andy

 

Thanks Andy! At least I can threaten them a bit then

[andydd]

For example there are other cases where my landlord has been forced to lower insurance but he doesnt think, Ill know Ill lower Andy's too..but I have no doubt that would be the outcome should it go to an LVT, I'm just waiting for him to make the first move this time..being the applicant in an LVT is a pain, you have all the fees and the huge hassle of photocopying the paperwork, 5 copies, this was many thousands of pages for me..it involves being very sneaky at work !

 

Andy

[sick.as.a.chip]

Thanks Andy. I have now spoken to the management company who have agreed to look at my account. I have spoken to the head honcho person and she was going to give me a revised statement yesterday as we were told by the judge to sort it by the 28th feb but she needs more info from the pet legal department who messed it up in the 1st place!! She's now going to get back to me on Tuesday and asked the legal side to let the court know its currently in mediation! I made it perfectly clear I'm not willing to pay stupid excessive fees and advised her that I'd take it to an lvt if needed. Fingers crossed for Tuesday. I'll keep you posted!! Thanks for everything!!!!

[sick.as.a.chip]

so frustrated!! management company said she would get back to me on tuesday, still no word. is there anything i can do with the court or anything to force them???????

[andydd]

You can use S21 of LTA 1985 to request summary and then S22 to visit their office and inspect documents, which could be good for a laugh. http://www.legislation.gov.uk/ukpga/1985/70

 

Andy

[sick.as.a.chip]

That would be good! Thanks Andy, I have had an e-mail back basically saying that they would have ontacted the courts to say that we were in mediation Quote below:"I can assure you that the solicitors would have been in touch with the courts and asked for the adjournment plus we were not in attendance on this date to the court so the likelihood would be that matter was stayed or dismissed I will ensure to get an update but please be assured this will have no impact on you directly. "The person dealing with it has been off and will have the account to me by Monday.Cant help thinking they are playing me as the judge sided without much persuasion towards us and if we did go back to court it may again go in our favour and they will not get any of there charges.I do think she is going to want us to contribute to the charges on the account - how much is where the fight will start as I really dont want to pay anything other than the service and reserve fund charges that I have agreed to pay!!

[sick.as.a.chip]

Hi All, finally agreed to a comprimise that I was happy with and that the claimant was happy with but out of the blue (The cliamant was supposed to tell the court we had mediated) we got a court date through. I e-mailed the claimant and asked them why they had not informed the court of the agreement and as the default judgement was set aside I thought no more of it until I got this e-mail this morning with a TOMLIN order attatched. (I will post up the order next just need to redact it)!st off the amounts are not correct so I will be going back with that as they cant even get the simple things right!Dear Sick as a chip Further in the above mentioned matter please find enclosed herewith proposed consent order which formally recognises the agreement that you have reached with ROBBING GITS in respect of your outstanding charges. Once this is signed by all parties I shall file the same at court, there will be no need for either party to attend. I look forward to hearing from you. Kind Regards

[andydd]

Hi.

 

Ive deleted the post with attachments as the details were viewable briefly when you opened the pdf's,. Youll need to edit them using a different method.

 

But ultimately its good news for you..congrats

 

Andy

[sick.as.a.chip]

Thanks Andy!!I've tried again.http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=44547&stc=1&d=1371374302http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=44546&stc=1&d=1371374302http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=44547&stc=1&d=1371374302

[sick.as.a.chip]

Andy do you think its ok to sign the tomlin order? I still have not yet had in writing confirmation that they are not going to persue the section 121, costs for the telephone hearing or any other of the charges. Even though we have paid 2 installments of a 12 installment agreement??

[andydd]

Id think so although u can reach agreements without doing one but they make if official. I dont think they could get more court costs but it maybe possible to purse costs via the lease/service charge, if it allows but thats why section s20c exists so courts/lvts can disallow them.

[sick.as.a.chip]

The cheek of them! Finally thought I'd help them along and sent them the e-mail with the correct payments on and got a snotty e-mail back saying they will 'take instructions from the client and the court date still stands' so I e-mailed back asking if they had paid a hearing fee!!! Never had a reply!!

[sick.as.a.chip]

Still not had confirmation that they ahve paid the hearing fee however I will ring the court on Monday as I have had another Tomlin order sent through with again the wrong details on and amounts! They then asked me what I think it should say (When I have already sent this to them) and that I need to reply asap.I have now left it in there hands to get the correct figures as the way I look at it I have already paid 2 installments of the agreed amount that I have with the claimant and if they do decide to pay the hearing fee and take me back to court I believe I have done everything I can to get this agreed apart from writing my own Tomlin order and sending it to them!!Would I be able to say I wont sign it until I have th confirmation in writing that they will not persue any more costs, that they wont persue the section 121 and all the other stuff????I really dont want to sign anything until I get that in writing from them???