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Both my name and my friend's name were on the listing. I was really ill and could not go to the hearing. I sent an email to the court and explained although I knew it would not help but my friend went to the court. However the hearing supposed to be taking place at 10.35 am. He waited for a ling time and he was told there was no judge assign to this case and they are looking for a judge. He waited until 12 and told them can they find out what was happening as he had to go back to work and he believed that it should be adjourned as it suppose to finish by 1pm. At 12.30 the lady comes back and told him that the hearing has been going on since 10.35 and that lady made a mistake and the judge wanted to have a word wit him. He goes to the court room and he sees the whole team of lawyer and barrister had their case presented and the judge told him what have you got to say and he said what he had to say and also mentioned about me that I was ill. In any case the case was struck off to the request of claimant with £15000.00 solicitors fee. It was not our fault that the court made a mistake and he should have been present throughout the time the claimant was presenting their case to defend any misleading information. Is it fair that they had 2 hours of argument without him?
2- Also the solicitor charges is totally incorrect as we do not know what they had charged for. I have no doubt they have charged me for all the management inquiries that the management that we pay high fees for should answer and passed it them. Several times I had reminded them not to send management inquiries to the solicitors. otherwise preparing a summons and a 10 line response to my counterclaim and two hours court should cost this munch?
Did you make a formal application to vacate?
No my friend did not know about it
what can i do now
If you did not attend then you can apply to set aside the Order
You need to make an application using form N244
You need to set out why you could not attend and any medical evidence
But make a formal application to have the strike out set aside
Can I clarify anything for you about this today please?
Ok thanks that's what I can do because I did not attend. How about my friend as he attended but only for 30 minutes for the reasons I gave earlier. Should he also apply separately to set aside the order because he was not given enough time or we both make the reasons in the same application as it relates to one property but under two names?
Or is there other procedure for his experience?
If your friend is not on record then it does not count
They can not represent you
You can apply to set aside.
Yes your friend can also apply to set aside if named in the proceedings
Does that clarify?
a) My question is do we go under one application to set aside or two different application. The case is about one address and problems with the flat and both of our name is ***** ***** same lease..
It would be one application
You can apply to appeal the entire Order or parts of it, but it is one case
Does that help?
b) in relation to my earlier question about S20 notice, consultation for carrying out work, I explained that the scoop of work has changed. This will effect the quote in the notice. Does this amount should be significant to ask for a new consultation considering landlord knowingly misled lessees in this notice.
Yes thank oyu
Well if the amount is different then yes, if higher a new consultation. If lower then not necessarily.
Does that help>
The amount will be lower but they have deliberately misled the lessees. As before the notice indicated the repair of the windows are their responsibility and they do not need the leaseholders' consent, and quoted including repair of window frames. They have now reversed their position completely, stating that the lessees are responsible and either should repair it themselves or let us to do it in their behalf and charge them individually and if not they paint other windows that do not need repairing this will create a mess wit some windows down and some not and unreasonable cost. is it enough to go for restraining order.
isn't it illegal to mislead in S20 notice? isn't that enough to stop them from continuing the work until a new consultation process took place?
Ok - if it is misled then a new notice needs to be given
They should issue a new notice yes
You could seek an injunction to stop them doing works until a proper S.20 has been sevred.
Just to make sure I get it right even if the amount of the new suggestion of works is lower than the quote stated in S20 notice they served, I still have a big chance wining the injunction?
I think so yes, if they have not served it correct and it is based on fraud.
Yes thank you