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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live on a private estate and have a dispute regarding service

Resolved Question:

I live on a private estate and have a dispute regarding service charges. Some time ago I was completely humiliated by a member of the committee who publicly shouted at me and told me I could not use any of the amenities Because of the dispute. Since then I have not used themany amenities. We are trying to resolve the issue but I do not see why I should pay the full amount as I was not able to use the facilities. Where do I stand? Thank you for your help.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Have you been to the Ombudsman yet please?
Customer:

No not sure if relevant for this estate. Also they have said will be pushing ahead quickly.

Alex Watts :

Have they issued proceedings against you yet?

Customer:

No. Apparently they are in process of doing so.

Alex Watts :

What was the nature of the dispute please?

Customer:

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.

Alex Watts :

OK - so are they re-litigating on a decided matter or are these new charges?

Customer:

They are charges that related to the first case and we have evidence that says no charges

Alex Watts :

OK - well one thing they can not do is seek charges for matters which have already been dismissed at Court.

Alex Watts :

This would be an abuse of process

Alex Watts :

This is because they are asking the Court to decide on matters again to which it has already decided.

Alex Watts :

Therefore any claim for this could be struck out as an abuse.

Alex Watts :

In terms of further charges, you can still seek to go to the Property Ombudsman

Alex Watts :

They offer an independent service even for private estates

Alex Watts :

Their website is:

Alex Watts :

http://www.tpos.co.uk/

Alex Watts :

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

Alex Watts :

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

Alex Watts :

Therefore you have a number of options

Alex Watts :

1) Property Ombudsman

Alex Watts :

2) Seek a strike out on any new claim

Alex Watts :

3) Defend any previous non litigated portion

Alex Watts :

You can defend as a breach of contract

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your help. I will read again tomorrow and get back if needed.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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