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I am not sure what was assigned. I assume everything as full management was completely taken over by Premier Block Management (New ones) and outstanding balances were provided
And the old ones never provided evience?
* evidence? *
No evidence was ever provided to us. All we were given was a statement of management fees owing which included a 'brought forward' figure provided by the old agents. They may have provided evidence directly to the new agents be nothing that we were shown.
In that case you can apply to set aside Judgment.
You need to show that you have a realistic defence.
It appears that you do. You asked for evidence and this was not forthcoming.
This is enough to get Judgment set aside.
In the meantime if you accept you owe some money you can make payment of that amount
This does not affect your application to set aside.
In discussions with the new agents today, they have been able to give me accounts for every year, including the years of the old agents. I assured them that these were never provided to us at anytime.
They were also dated 16 June 2013, even the 2007 accounts.
the problem is, they already have got a judgement put in place and I cannot afford to have my credit history ruined by not paying the full amount within 28 days
I didn't physically ask for evidence of the balance brought forward in my letter. I merely pointed out that firstly I believed the amount was wrong and secondly, I was worried about no accounts having ever been provided by the previous agents. Instead of replying to the letter (which was forwarded to the new agents by the solicitors, they chose to ignore and raise a judgement.
You can apply to set aside and then once it has been, you can pay what you agree you owe.
But in any event they need to prove the claim against you.
They need to serve they posted the required notices to you, together with any documentation.
As such they need to show this was done within 12 months of the charge being due
If you deny getting any of this then the claim will fail.
But you can apply to set aside.
Does that help?
Thanks Alex, my problem is they will feel they have sent adequate documentation. The new agents served us with a notice to pay including the balance of £3,000 brought forward. This was sent as a notice to pay which may have included a summary of rights and obligations. They feel that as this is provided, then I have no right to withhold payment. I was confused about the 'summary of rights and obligations' and thought this was some sort of accounts (which we have never been given). My fear is that the court agrees with them and my credit history is therefore ruined. If they have provided a summary of rights and obligations, but have not supplied anything to back the £3000 up, do I have a right to withhold and just pay the other part? What would they be required to provide within 3 months to prove the £3,000, and where do I stand with the current legal fees/court fees/interest in place?
The previous £3000 needs to be evidenced. You need that.
They need to provide proof of the £3,000
The current fees can only be awarded by a court
Not sure what you mean by the current fees. As a judgement has already been requested and given, there is already interest, court fees and legal fees applied. As judgement is given I assume I now have no option but to incur the cost of those fees?
And how do I go about getting the amount set aside? And what is considered adequate evidence from the managing agents re the £3000
And If I request for it to be set aside but pay the part I feel is due, and the court still rule in favour of the claimant. Does the ccj stay on my credit history as it wasn't paid in full within 1 month?
Yes you can ask for Judgment to be set aside.
Then the fees and charges go
You need to apply using form N244
There is a Court fee of £155 to be paid.
The CCJ will come off if set aside.
Thanks Alex, you didn't answer the part about what is adequater evidence
adequate evidence for the £3000
They need to provide evidence you owe it and how it was made up
Is that ok?
But I don't dispute it is technically owed, just that I wasn't willing to pay the management fees for periods that relate to accounts we have never been provided. I was always sceptical at what the old agents had spent the money on so wanted to check the accounts before making the payment.
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