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Hello my name is ***** ***** I will help you with this.
Does the parent company have a contract at all for management of flats?
Ok. So is it the sub company named on the contract or parent?
Unlikely. You need to get a copy of the contract and you can request it under part 31 of the civil procedure rules.
But you can only bind a party who is party to a contract. The parent company may not be - if that is the case you can sue them directly. They have no locus or standing.
It can only be a party to the contract.
But get a copy of the document then you know where you stand.
Can I clairfy anything for you about this today please?
That may assist, yes.
Does that clairfy?
Thanks. I don't think this makes the parent company liable. But you should still get the contract.
You need to see who signed the contract to manage the property. It would be that company who would be liable.
Does that clarify?
1. No. There is no locus. No contract with parent co.
2. As I have previously indicated you need the contract between the sub company and whoever appointed them to manage the block.
Maybe, but it's legal. The sub company is an entity in its own legal right. That is why you need to make sure you get the right one. Who do you pay the fees to, parent or sub?
Ok thanks. So if you pay the parent company you can sue them.
You need to write and set out your losses and request a refund of those losses within 14 days or say will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Yes, you have six years to bring a claim and both flats should be in one claim.
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