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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A leaseholding tenant has fallen behind on his Service Charge

Resolved Question:

A leaseholding tenant has fallen behind on his Service Charge payments.
what can I do to recover the debt?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help with this.
Alex Watts : You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. This can include getting a charge and securing the debt
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

The debtor claims he is unable to pay in his current financial situation. How would that affect my course of action?

Alex Watts : None whatsoever.
Alex Watts : Once you get a ccj you can secure the debt by a charge on his property. That is the best option.
Alex Watts : Does that help?
Customer:

Perfect, thankyou.

Customer:

I will leave top feedback.

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