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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have an ongoing issue with the freeholder of the property.

Customer Question

Hi, I have an ongoing issue with the freeholder of the property. I am the leaseholder and bought the flat in April 2011. I have not been notified of major works to be done I the property until I received an invoice for £700. Solicitors dealing with the sale when I was buying the property didn't know about these works either. The lanlord later acknowledged that they weren't notified of me buying the place until 6 months later October 2011, so it's likely notices of intentions were sent to the previous owners- whose letters I didn't open but returned back to sender.
I have disputed the bill with the landlord and refused to pay as I didn't know what was it for.I didn't know what the law is either. After one year my landlord advised he will issue a CCJ against me if don't pay. I tried to get some advise then, and found out I should only pay £250 if I wasn't prenotified of the works. But since I didn't want to incur any further legal costs as I was threatened in the letters I panicked and paid the whole £700.
He next day I received a pack- that is has gone to court and I needed to pay £1200. Again, I didn't know what to do, since I have already paid for the bill. I filled the form- and not sure I put down exactly- I part admissioned the bill- saying that I am due to pay £250 only if I wasn't prenotified. I have also submitted 3 page defence- which I am happy to send you. This was in October last year. I have since not heard back- until today 08/02. I called Northampton county court regularly shortly after I sent everything off to see what is going on with my case, and I have been told that they have sent all paperwork including my defence to my landlord and they we supposed to reply within specified time, but that time has then elapsed.
So today I have recieved another threatening letter saying I have to pay another £750 incurred in legal costs otherwise they will seek a CCJ against me again.

I am hopeless, as I believe I should not have to pay for the whole bill anyway but I didn't know what Else do to. please help
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is this threatened CCJ for the same period as the first one please?
Customer: Hi,
Alex Watts : Hello. I am on the train so may be on and offline.
Customer: Hi. I have read he letter again and they are looking to apply to he court for Summary Judgment which will incur further legal costs. The original claim form had a date of service 04/10/2013. I replied within 14 days with N9A and N9B form and all 3 pages of my defence.
Customer: I called Northampton county court in next few weeks and they told me they set all forms to the claimant. This was in October. And now, in February I received even higher amount to pay than on the original claim form, saying if I don't pay they will seek summary judgment against me.
Customer: Thank you for looking into it
Alex Watts : Sorry I just need to know with the new ccj are they claiming the same period as the old one or is it the same claim please?
Customer: I haven't got a new claim for yet, I have received letter from landlords solicitor yesterday that since I have paid in full ( despite that being before the notice was served) I admitted for the claim and now I need to pay additional cost that the landlord incurred since then. If I don't then they would apply for summary judgment. So maybe the same CCJ, I dont know how it works. I will speak to county court tomorrow to find out how the process works.
Alex Watts :

Have you had a new claim since the last one?

Customer: No, I haven't. I dont know how it works and how long I have before they will apply for the summary judgement
Alex Watts :

I don't quite understand - so they made a demand, you paid it, but now they are claiming more?

Customer: Yes, I have paid it the night before I received he claim
Customer: form. The date of payment was 02/10 and the claim for has a date of service 04-10.i paid the amount they required£709 but the claim form had amount of £1200 as it had legal costs involved. That's why I disputed the claim that I should have paid reduced amount- as I wasn't consulted about the major works in the property. On the form it said if I dispute the claim it is a defended claim, but I have not heard back from he court again, until yesterday's letter from landlord solicitors. They asking me to pay further £750 fort further legal
Customer: costs they incurred or they will Apply for summary judgment incurring futures fees- for what apparently I would have to pay!
Alex Watts :

Ok - you would only have to pay the difference if granted, not the full amount again.

Alex Watts :

Summary Judgment is where there is no defence whatsoever.

Alex Watts :

If you have some defence then the Court will not grant the application

Customer: Ok, I have sent the defence and many photocopies with my claim form as a defence- but I was told that they have sent it to the claimant.... And I think they may have destroyed it now... I still have the original documents I think. So do I need to send my defenc again...?
Alex Watts :

No, the Judge should have that.

Alex Watts :

But if there is an application you MUST file a witness statement with evidence showing why you dispute it

Customer: Ok, I will call them tomorrow . I don't remember filing a witness statement- where would that be
Alex Watts :

No, you need that for summary Judgment

Alex Watts :

Once you have the date from the Court

Alex Watts :

Can I clarify anything for you about this today please?

Customer: I am not sure, will have to call court tomorrow- but the agents don't seem to know much there... Do I just have to wait until they ask for summary judgement
Customer: Probably not today, thank you so much, for now will keep you informed tomorrow if I Need further advice
Alex Watts :

Yes sadly you have to wait. But if once they have the defence they have a limited time to take matters further, otherwise they need to make an application to Court.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you for your advice so far, I have left you a feedback. Can I ask you another question please.

I have called the county court and they do have my part admission and the 10 pages of my defence which is good. But now, I don't know whether I need to reply to the claimant solicitors letter that I recieved on Saturday. It asks me to pay £737.23. Should I tell them that I have submitted the defence and I do not wish for any more letters to come trhuto me fromthem, ast they will look to charge me for these letters, and I also find these letters threatening?
Edit
Expert:  Ash replied 3 years ago.
Well you can write and ask them whether they have considered the part admission. The court would has sent the defence with part admission.

Alex

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