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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13326
Experience:  Solicitor with more than 30 years experience
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Hi I have had a writ served on me, I new nothing of it until

Resolved Question:

Hi I have had a writ served on me, I new nothing of it until the letting agent that lets a property for me forwarded 6 months of mail to me.
I tried to talk to the claimant and their solicitor but they wouldn't negotiate as they claim I had not informed them of my address in writing. This is correct but we purchased a buy to let and claimant is the management co for the building. We did call them but as we were not registered as the property owner on their system we had to call in to their office with proof of ownership, the company glossary we received said to call tel xxxx if you intend to sub let which is why we called them initially
Our letting agent also contacted the claimant and asked for replacement door FOBs they explained to the claimant that the were our agent , they paid and then had FOBs and a
recipt posted to them.
I spoke with CAB , and then applied to set aside and stay the writ, the process took over a
month and in the mean time I had to pay £4600 to the EA as they were going to take my car away.
In an attempt to avoid paying the excessive enforcement fees I asked the claimants solicitor if I paid court costs, solicitors fees and claimant fees ( which I don't dispute I was liable for), would the agree to set aside by mutual consent. They said I had no grounds and that it could be seen as credit washing by the courts.
I have a hearing date now and the claimants solicitors are asking me to sign a form of consent. They tell me that should I refuse they will ask the judge to award cost against me as I am forcing a hearing when there is no need to have one.
I was hope full that if I was successful the courts would return my cost above the original claimant fees and remove the CCJ from my record. However I have been told this is not the case and only the CCJs will be removed.
Is my best option now to Sign the consent order and write off the fees ?
The thought of it is painful as in my opinion no effort was made to contact me and they refused to try and resolve the problem amicably prior to me getting a hearing date.
Submitted: 2 years ago.
Category: Law
Expert:  Senior Partner replied 2 years ago.
Hi welcome to just answer. This sounds a very unfortunate circumstance and must be very annoying. From what you say although you had been in contact with the manager, you wherever registered at a separate address on the manage records and the letters were sent to the property and not passed on by your agent. In those circumstances I regret to say that you have absolutely no basis for setting aside the court judgement. You do not deny the money was due and have paid it. IF you have a redress it is against you agent for not passing on the mail. The managers were entitled to bring a court claim and served it on the property as they had not other address. So whilst it may seem unfair, the court will not set aside the judgement and you will be liable for the cots of the application. I recommend you just bite the bullet and agree to the consent order and write the whole thing off to bad experience. Sorry that is not the answer you want but I cannot in all conscience give you any other advice.
Customer: replied 2 years ago.
Hi I appreciate your reply, but just to clarify when we Called to the claimants office an agent wrote down our home address and tel No. We wanted them to be able to contact us if they needed to as we knew the property would be empty for a couple of months whilst we revamped it.
When we asked the claimant why they did not send the mail to the home address we had given them they said they had no knowledge of it .
I explained that we had to call in with proof ownership, we gave them our details at this time and it was taken down on a note pad by a lady called Ife.
They told me calling in and giving them details that somebody wrote on a note pad does not qualify as having informed, as it was not in writing and that Ife. No longer worked for them. Their glossary tells you to call them if you are going to rent which is why we called them initially!
It just seems so wrong that they made no effort
We also purchased additional door fobs at the time, we have the bank statement and receipt acknowledging this. Fobs purchased after this are detailed in our annual statement but the first one isn't. To me it's like all the information we gave them during the owner transfer period has been
erased and we are paying the penalty for their failure to exercise a duty of care.
Expert:  Senior Partner replied 2 years ago.
Thanks but if you want to give formal notice under the terms of the lease then just getting them to write it down is not enough. You should have sent a formal written notice but even if you had done it is probably still ok of them to serve documents on the property unless you were registered as owner at a different address on the title documents.
The bot***** *****ne is that you will waste time and probably more money pursuing this and it is not worth it. From a legal perspective it is up to you to make sure you pay rent and service charges on time and as the claim was valid the court is not going to set aside the judgement in my view. Even if you had a 50/50 case to set it aside the risk of losing makes it not worthwhile. You will incur a lot more costs if you lose, If the debt is paid there will be no record of the CCJ. I understand entirely our irritation and frustration but the bot***** *****ne is anything to do with property should be put in writing in accordance with any formalities of the lease and nothing else will protect you.
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