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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hi i am getting taken to court for solictors fees i had a service

Resolved Question:

hi i am getting taken to court for solictors fees i had a service charge to pay but did not recieve invoice they say they sent it 3 times and then put £950 costs on top of servive charge, i dont live at property my son does and it is not in his interest not to pass invoice on as i pay it, i went to london as i live in north and while i was there i got post and there was invoice so i contacted them asd said this is first invoice i have received and would pay it as soon as i got home on monday as promised i did but they have then put me and my wife in court for there in house solicitors costs
i have always paid everything i owe anyone i have done nothing wrong and this is suposed to be a legal thing
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 whether you ever told them to send it to your address where you live?
Customer:

they had my address when i bought property from them but they did not know my son was going to live there they say they sent letters we did not receive them

Customer:

a;so it is shared house and post is just sent in one letter box for 6 propertys

Alex Watts : Do you have problems with other post going missing?
Alex Watts : Why did you not ask them to deliver to the address you were living at?
Customer:

there has been mail which my son has not received i hgot last years service charge invoice and paid it straight away but never received this years give them my north east address they then sent me a bill to sunderland for subletting which i dont they then said it was second letter and would be putting costs on and i never got 1st letter

Alex Watts : How did you give them your new address, was it in writing please?
Customer:

i told them over phone then confirmed it via email

Alex Watts : Do you still have that email?
Customer:

yes

Alex Watts : Do they say they sent it to your new address and property address?
Alex Watts : If you have the email you don't have to pay. Send them a copy of the email.
Alex Watts : Say you never received it and the onus is on them.
Alex Watts : They can try and take you to court, but for the value it would only be a small claim
Customer:

they have said nothing just put us in court

Alex Watts : You can defend on the baiss of the email you sent which you have a copy informing them of your new addeas
Customer:

yes but that email was sent after the service charge demand

Alex Watts : why did you not notify them earlier?
Customer:

well i never thought i had to i bought property from them and they had all my details to complete deal then my son moved in and has been there since

Alex Watts : but he never passed on post to you?
Alex Watts : As you say it was nothing to do with him.
Customer:

thats because he says nothing come it is not in his interest not to pass it on as he does not pay service charge i do

Alex Watts : Ok , does he open your mail?
Customer:

all mail that goes there he opens

Alex Watts : ok and he says he never had it?
Alex Watts : is he willing to attend court for you?
Customer:

i have to go to court as property is in my name and wifes

Alex Watts : yes but is he willing go to court, stand up and give evidence saying he did not get it?
Customer:

yes that would not be a problem

Alex Watts : Ok then you can defend it.
Alex Watts : He is the key witness to say it was never received.
Customer:

thankyou

Alex Watts : He will have to give a formal statement and then go to court.
Alex Watts : But he is key.
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