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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My landlord have applied interim charging order for

Resolved Question:

My landlord have applied for an interim charging order for legal fees I was ordered to pay, However when I inspected recently the supporting documents to the summary of our service charge account, they have already levied this charge through our service charge account, can they still claim it
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether there is a county court judgment against you?
Customer:

Yes there was a county court Judgement against me because I was ill and could not attend but thats another issue. my issue is although there is this order by judge asking me to pay, the landlord have already taken these charges from our reserve funds of our service charge account which I jointly pay towards. meaning I have already jointly paid for these charges through our service charge account. Can they make such an application when they have already been paid? or could I write to the judge that they are making application for a order that has already been paid?

Alex Watts : Why did you not apply to set aside please?
Customer:

That is a long story. I have applied but have not heard yet. I am not sure the judge will accept as he might say I should appeal and setting aside the judgement is not the correct course of action. I am still waiting. However the hearing for the application is 18th of March and I will not be in UK to attend so I have to write to the court.

Customer:

However my question is as I said initially the landlord has already been paid through our service charge account and they should not apply for a charge that they have already been paid.

Customer:

It is a policy of our landlord to charge all legal fees of the individual lessees to the service charge account collectively.

Customer:

So they cannot in my opinion now say I should pay for my legal fees while I have been paying for other individual lessees 'legal fees for years through the service charge.

Alex Watts :

If the Landlord has been paid then they should withdraw the charging oder

Alex Watts :

order

Alex Watts :

You should attend Court with evidence that it has been paid

Alex Watts :

They can NOT claim it twice

Alex Watts :

So yes if they have been paid you can contest it

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Could they say we are claiming it through this order to put it back to the service charge account. As they probably will say that. However nowhere in the charging order they have mentioned this, which seems a bit dishonest to the application.

Customer:

Sorry I meant could they say they are claiming it through ........

Alex Watts :

No.

Alex Watts :

If it has been paid they just can not claim it twie.

Alex Watts :

* twice *

Alex Watts :

It would be an abuse of process

Alex Watts :

So no they can not say that

Alex Watts :

Does that help?

Customer:

Helps a lot. Thank you

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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