Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
For now please let me know whether you have proof of payment - I assume you have?
What has Simarc said about the proof of payment please?
I have proof of payment from Brindley House Management. I sent the proof to Simarc. They say that they have tried to recover the Ground Rent from Brindley. Brindley say they have paid Simarc. Simarc say they haven't.
Ok - well that is not your problem
If they try to recover it from the buy to let mortgage they can only do this with a Court order
They would issue proceedings and you would be invited to join
What you should do is make sure you have sent proof of payment to the buy to let mortgage company
You can then file a defence and say you have paid it
But they must get a Court order against you before they can get one against the mortgage company
So if they issue, you can defend and bring a counter claim against Brindly.
Then the Court can sort out who owes what
But if its for £10,000 or less then it will be a small claim anyway, so inexpensive and a simple procedure
Can I clarify anything for you about this today please?
Yes, I am aware they can try to recover it with a County Court Judgement. Mortgage Works have advised me of this. Sorry, I have not learnt nothing new with your advice. I think I am being harassed unfairly and there seems to be no redress.
Indeed. However you do have a cause of action here
You can write and ask them to stop harassing you or say you will go to Court
If they refuse then you can issue proceedings for harassment and seek an injunction
You would need to complete form N1
And N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
You are asking the court for an order that they do not contact you directly or indirectly
The court will then list the matter for hearing and decide whether to make an injunction
If the Court does and they break it they can be warned, fined or sent to prison
You can also claim compensation for loss and damage and distress caused
But I think any claim against them would be less than £50,000 in compensation
Oh there is a Court fee of £155 to pay but if you are on benefits or low income you may be entitled to fee remission
Please see: https://www.justice.gov.uk/courts/fees
Does that help?
If I am successful, will I be able to reclaim the £155?
If you win
OK, it seems that the onus on me!
If you bring the claim then yes you need to show harassment
You have rated POOR SERVICE despite me giving you the legal answer and telling you how to go about it?
I was aware of the County Court route but it seems the onus is on me to prove payment. The Law is an Ass comes to mind!
If you bring a claim you have to prove it
But you said you wanted to stop the harassment, so all you need to do is detail the dates when you were contacted by Simarc
I assume they accept they have called/written to you, so it should be straight forward
And if you win you get the Court fee back
What else would you like to know?
If they are regulated then you can also complain to the Financial Conduct Authority - they regulate members chasing debts
Are you able to respond, I would like to know how else I can help you?
It is my goal to make sure you are happy today
What else is it I can do to help you?