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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We purchased a property just over a year ago. One of the deciding

Resolved Question:

We purchased a property just over a year ago. One of the deciding factors in the purchase was a clause which prohibited the parking of vans at the development. Unfortunately the development is blighted by such vehicles and the management company, for which we pay an annual fee are either unable or unwilling to resolve the issue. In order to try to have the management agent resolve the issue I have written saying I will only make payment, in full, after the parking issue has been addressed. The management company are now threatening to involve credit controllers to collect the fee. Where do I stand? Could this affect any credit ratings?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know why they refuse to take action please?
Customer: they have written to residents and say they are unable to do more because it is not possible to police
Alex Watts : Why don't they just get an injunction to stop them?
Customer: unsure, they seem to be reticent to go further than the letter,
Customer: The content of the letter reminded residents of the clause signed up to on purchase of a property and that any further letters sent out, due to continued infringement, would carry a charge of £48. This has been disregarded and the management company say they do not have any method of policing any infringement
Alex Watts : Ok let me give this some thought
Customer: Thanks
Alex Watts : Actually what the management company can do is seek an injunction against the people causing the problem. They can do this by going to the county court. Sadly you can't make the management company from doing this.
Alex Watts : But what you can do is seek an injunction for nuisance.
Alex Watts : You would need to issue proceedings yourself by competing form N1
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : and form n16a
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Alex Watts : The court would then issue a claim and decide whether to grant an injunction
Alex Watts : If the judge grants the order and they disobey it that is contempt of court. They can be warned, fined, sent to prison or all of these.
Alex Watts : But clearly the management company ought to take action because they will be able to pay the legal fees.
Alex Watts : Can I clarify anything for you about this today please?
Customer: Thanks Alex, would you just clarify where you say " you can't make the management company from doing this"?
Alex Watts : Yes. I mean you can't force the management company to take action. Is a matter of contract between the management co and the offending vehicle owners. I wish you could force the management company but sadly you can't.
Alex Watts : Does that help?
Customer: Yes, thank you for the clarification. just one further thing, the management company are threatening to involve their credit controllers and our concern is this will affect our credit references, are they entitled to do this whilst there is clearly still a dispute?
Alex Watts : No, it will make no difference to your credit rating at all.
Alex Watts : But you should really keep making payments though or you are in breach of the lease and could be evicted.
Alex Watts : Take this mater to court to resolve.
Alex Watts : Does that help ?
Customer: Yes, thank you.
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