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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been involved in a county court action against, a rtm

Customer Question

I have been involved in a county court action against, a rtm board who run and manage our flats. 4 years.
Ime an owner , and part of the shared freehold. 16 flats.
The roof had problems, gutters were pouring water down into my flat.
After 18 months of asking and getting no where, I eventually took county court steps.
They defended, I won by the fact they could not produce there defence on more than one occasion.
That was then stayed , against costs because they said they would liquidate, if I continued.
They wanted the first tier tribunal view on who should pay.
We allowed that, the ftt, came back in my favour on there report.
Now the flats are being restored, as from Monday , 11th.
The problem I have is my costs , for solicitors and surveyors. Just around 40 k ,
I would like to now claim. The ftt made it clear the service charge could be used, to pay.
My solicitor , who was great retired in September, and the lady who has taken over, I have no confidence in at all.
I have asked for a change through the firm, they have said there is no one, so go with her or leave.
I don't intend on them going any farther.
Could you advise me, on a way to go forward. Please.
I live in Burnham on sea somerset.
I need someone who will not mess around.
Regards Ken.
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
They stated they had no funds at court. To pay costs , and gave an undertaking to the judge .
They are now using 37 k of reserve fund to pay for the damage, instead of going on the path the ftt. Offered them of allowing service charge.
Expert:  Ash replied 2 years ago.
Hello Ken my name is ***** ***** I will help you.
Just to confirm were you awarded costs?
Customer: replied 2 years ago.
The costs order has been won but not put forward for agreement.
Expert:  Ash replied 2 years ago.
Ok. I assume you want the costs? Are they a Limited company?
Customer: replied 2 years ago.
Yes, kingscourt Bridgwater ltd.
please excuse me , being slow, never used this before.
Customer: replied 2 years ago.
They had directors insurance against neglect of directors,
Very difficult to get them to explain why they won't use this.
Expert:  Ash replied 2 years ago.
Sure. I assume you want your costs?
Customer: replied 2 years ago.
Yes , without any loss of income or paid utilities, my claim is simply for money paid to solicitors and surveyors. Which amounts to nearly, 40 k.
Expert:  Ash replied 2 years ago.
You need to apply to have the claim transferred to the high court. Bailiffs will visit and sieze any assets. They will negotiate a payment plan. You can take different action such as freeze bank account or even make bankrupt.
Can I clairfy anything for you about this today please?
Customer: replied 2 years ago.
The only asset, is the shared freehold.
That's what there relying on, the fact that there is no asset, to pursue.
Customer: replied 2 years ago.
Thanks for your time, not sure if it's any clearer, as they hid the reserve fund money, now using that to repair the flat, and other work required on the block.
So back to no assets.
Customer: replied 2 years ago.
I have to go out now. If you could answer that , be helpful. Thanks Ken.
Expert:  Ash replied 2 years ago.
You can wind them up and the receiver will find out where assets and money are hidden. So you can wind them up.
Does that clarify?
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen.  Please do not forget!  Thank you.
Please bookmark my profile if you wish for future help:
Customer: replied 2 years ago.
Alex , the answer you gave me does not make sense, so I. Will not be rating.
I was hoping for better, to be honest.
Expert:  Ash replied 2 years ago.
Ok - good luck