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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 7103
Experience:  Senior Associate Solicitor
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Dear, I have been over charged service charge and management

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Dear, I have been over charged service charge and management took me to court even I have paid charges. Now I really do not have any Ideas what to do
JA: Where are you? It matters because laws vary by location.
Customer: London East
JA: What steps have you taken so far?
Customer: I have no ideas, been trying to contact citizen advice, local council and expensive solicitor but I do not have enough money to pay
JA: Anything else you want the Lawyer to know before I connect you?
Customer: yes, I contacted to leasehold advisory service and according section I have rights to hold service charge until management produce all legal paid out with invoice. on request management took me to court and forcing me to pay their solicitor fees. by court
Customer: replied 8 days ago.
Management team solicitor hasn't communicate about Interest. however service charge fully paid off
Customer: replied 8 days ago.
waiting for reply

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

Is it the court order you are asking about?

Customer: replied 8 days ago.
Hello Solicitor, yes and I am asking about how can I fight against this fraud people.

The court has made the order, so if you dispute it you would need to appeal the judgment given. I am unsure if you asked for permission to appeal at the hearing?. If not then permission would be required. An appeal is worthwhile if there has been a situation where the judge has made a mistake, on a point of law or procedurally. You could pay this judgment and then sue the management company - leaseholder disputes need to be made to the property chamber in the civil court (again, I am not sure if you have done this yet).

The judgment - you can submit form N245 (copy attached) to send to the court - if granted it means you can pay the court order by installments. The fee is £50 payable to HMCTS for the form.

Customer: replied 8 days ago.
Dear Solicitor, Yes Judge did mentioned that I can appeal against decision. I just received order by post today. Honestly speaking I have paid full service charge before second letter issued by management company solicitor. But according to Landlord and tenant act 1985 section 22 I have full rights to demand for where they are spending money which they charged us so I did request for accounts and Invoices which they paid to service provide according to Leasehold Advisory told me. They took me to court because I haven't paid interest on delay paying service charge which they never mentioned in their correspondence. however I have paid more than service charge. Additionally the accounts they sent me its not signed and I do not believe its been submitted HMRC as well.

Thanks, if you want to appeal then there are strict time limits involved. From what you say, you are saying the judge was wrong to make this order that you pay?.

Customer: replied 8 days ago.
yes sir. And as you know me being common man I wasn't able to explain in law language and I was without representative. As they management company they obliged to forward & inspecting accounts,receipts and others docs under section22(3) of the Landlord and tenants act 1985. which they never produce any legal docs since last 6 years and charging extra ordinary amounts of money in the name of service charge.

Thanks, if you want to appeal in that case you need to fill out the attached form and send to the court with fee of £140 (payable to HMCTS). It sounds like permission to appeal was already given. You will need to send the form to the court.

You will also need to apply for a copy of the court transcript for the hearing so that if your appeal form is granted then you will need to then prepare a bundle which will include the transcript of the hearing :

www.gov.uk/apply-transcript-court-tribunal-hearing

I hope this helps – if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

Customer: replied 8 days ago.
Dear Solicitor, Do provide solicitor service in this types of case?

We are just an online question and answer service (we cannot act for you), however, the following may be able to :

1. LPC Law - www.lpc-law.co.uk

2. Clerks Room - www.clerksroom.com

3. Absolute Barrister - www.absolutebarrister.com

Customer: replied 8 days ago.
Thank you very much for your reply. I really appreciated. will try to contact then on earliest possibility. well they must be very expensive right?

They are probably cheaper than instructing a traditional law firm - they are advocacy companies (primarily) but they also offer drafting and advice on legal cases (legal advice). I would recommend you try them - one of them should be able to help you going forwards.

Have a good evening.

Jim

JimLawyer and 4 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you very much for your time Sir. How can I appreciate your service?