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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just been notified that six months ago a court hearing

Customer Question

I have just been notified that six months ago a court hearing was held in my absence and a CCJ made against me. I heard nothing of this as they were sending correspondence to an address I haven't lived at for 20 years. Is this right? Can they do this?
Background: I own a leasehold flat. I have not paid the ground rent since 2012 because I did not receive an invoice (I own a lot of flats). I owe arrears of about £350, but with the legal fees and debt collection agency fees they are now demanding £1200. They have only just taken the time to actually contact the managing agent and find out my correct address.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What is it you want to achieve please?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
07943 192200I'm free at 3
Customer: replied 1 year ago.
Sorry was in rush. Yes please call when good for you. I'm free from now on but have a couple of other calls.Since I wrote the original message I found a letter from the previous freeholder with my correct address. So it seems they erroneously did not give the correct address to the new freeholder who then sent the invoices for ground rent and the court proceedings to the wrong address.What I want to achieve: only pay the arrears. And get the CCJ quashed or whatever is possible. I'm surprised I can have a CCJ against me without anyone confirming that I know about court proceedings.Cheers Paul
Expert:  Ash replied 1 year ago.
Sorry I missed you I was in Court. When would you be free?
Customer: replied 1 year ago.
Hi no problem. I am free most of today, just might be on another call, but if you do call please let it ring for a bit as I will try to get off the other call. I will copy below the email thread as further background. The client Ms Roberts is referring to is the new owner of the freehold and I gather that they purchased it from the previous owner in 2012. I have a letter from the previous freeholder demonstrating they had my correct address in 2010, the "Add files" link does not appear to work otherwise I would have sent it. But it is very clear.Dear Ms Roberts,Please could you have the courtesy to respond to my email of two days ago. What steps are you or your client taking to remedy the situation?Regards,
Paul McDonnellOn 17/05/2016 11:56, Paul McDonnell wrote:
> Please find attached letter from the previous owner of the freehold sent to my correct address dated 2010. As will be clear to you, I had notified the previous freeholder of my correct address. I have no idea why they are using my old address but it is certainly not my problem.
>
> As it is, I have not lived at the address you were writing to for 20 years.
>
> I have never heard of your client and cannot be held responsible for notifying them of anything, let alone a change of address that happened 20 years ago.
>
> I am happy to pay arrears and future ground rent payments upon presentation of an invoice sent to my correct address.
>
> I will not be paying any additional charges caused by your client's internal clerical issues.
>
> I also require you to take steps to have the CCJ removed as presumably this might have some detrimental effect on my reputation.
>
> Regards,
> Paul McDonnell
>
>
>
> On 17/05/2016 09:34, Gabrielle Roberts wrote:
>> Dear Mr McDonnell
>>
>> Thank you for your email below.
>>
>> The county court proceedings were served on you at your address at***** Witney, OX28 5LG, that being the last known address our client had for you. The proceedings were properly served in accordance with the court rules, and the costs awarded to our client are properly due and payable. The onus is on you to inform our client if you want rent demands or other documents to be sent to you at an alternative address.
>>
>> The total amount now due and payable is £1,120.68, as advised in our letter to you of 9th May 2016.
>>
>> Please would you make arrangements to pay the outstanding monies in full without further delay, otherwise further action may be taken against you which may include court proceedings to forfeit your lease.
>>
>> Payment may be made by cheque payable to this firm or by bank transfer to the account details provided in our 9th May letter.
>>
>> Yours faithfully
>>
>> GLINERT DAVIS LLP
>> SUITE A CUMBERLAND COURT
>> GREAT CUMBERLAND PLACE
>> LONDON W1H 7DP
>>
>> Tel (###) ###-####4442
>> Fax (###) ###-####8488
>> DX 83312 West End 2
>> E-mail ***@******.***
>> Web www.glinertdavis.com
>> CONFIDENTIALITY NOTICE
>> The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.
Expert:  Ash replied 1 year ago.
Calling now. Alex
Customer: replied 1 year ago.
Hi Alex, the judgement was for £346 of arrears plus £35 of costs = £396. The Final Charging order was for £100 of extra costs. The costs incurred by the claimant were £624, total they are asking for is £1120. How much should I pay right now and to whom? To be clear, the issue with the incorrect address was an internal problem to the freeholders past and present as I had notified the past freeholder about my new address.
Expert:  Ash replied 1 year ago.
You should pay just the cost of the correct service charge invoice, thats it.Then apply to set aside on form N244 as discussed.
Customer: replied 1 year ago.
Hi Alex, since the problem was caused by an error by the other side, can I claim my costs (my time, your advice, court fee £255) in the N244, or would I have to do a separate small claims for that?
Expert:  Ash replied 1 year ago.
no, you can included this fee and the court fee.Does that clarify?Alex

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