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No not sure if relevant for this estate. Also they have said will be pushing ahead quickly.
Have they issued proceedings against you yet?
No. Apparently they are in process of doing so.
What was the nature of the dispute please?
They took me to court to try to get me to pay outstanding amount from previous owner. The decision as that I was not responsible for it and that no charges should be added to my account. However the next statement showed £1900 of charges. Every time I tried to sort this out they said they would look into and get back to me. They never got back. This happened when they changed agents or solicitors which has been three times in five years.
OK - so are they re-litigating on a decided matter or are these new charges?
They are charges that related to the first case and we have evidence that says no charges
OK - well one thing they can not do is seek charges for matters which have already been dismissed at Court.
This would be an abuse of process
This is because they are asking the Court to decide on matters again to which it has already decided.
Therefore any claim for this could be struck out as an abuse.
In terms of further charges, you can still seek to go to the Property Ombudsman
They offer an independent service even for private estates
Their website is:
Or failing that they could try and take you to Court for the new portion and you could argue it on the basis that you have been denied access
They are under contract to allow you access, they failed to do so and as such you should not be liable for costs on matters which you can not have access
Therefore you have a number of options
1) Property Ombudsman
2) Seek a strike out on any new claim
3) Defend any previous non litigated portion
You can defend as a breach of contract
Can I clarify anything for you about this today please?
Thank you for your help. I will read again tomorrow and get back if needed.
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