SuzyMills
18-01-2010, 17:26 PM
I wondered if anyone can advise. I just received an interim charging order for non-payment of ground rent. I bought a one-bedroom flat in 2003 and let it out straight away. The current tenant has been there for 5 years. In all these years, I never had a demand for ground rent, S166 or otherwise. (To be honest I thought it was included in the service charge, but checking with the property management company now, it wasn’t). Anyway… it seems they have taken me to court back in April 09 and there was a default judgment against me as I did not respond (‘cause I never had anything from them!) They have then taken this a step further and hence receiving this interim charge order, court date set for 8 Feb.
I called the courts and they told me that this company is known to them… last year they issued about 50 claims a week for a while… They advised me to complete an N244 to have the judgment removed so as not to have a blemish on my record.
My question is… would the courts think I have a case? In my view – they have not made any attempt to serve us the S166, which I understand is legal requirement,. Nor have they ensured that any court papers were properly served. All it needed is a phone call the current property management company for our contact details – apparently they know each other.
I am requesting to get this transferred to my local court. Not sure if it is a good idea as they would not be known there, like they are in their home town. Nor sure what it is I can ask for though? I do not dispute I owe them the ground rent, but I thought they can only demand it for the past 6 years. Also, can I ask that my court costs are to be paid (and anything for the distress they cause? (Have not slept in 2 days worrying over this!)
Is it easy to represent myself in court (the demand is for less than 5K)? Are there any pitfalls I should be aware of?
I would be grateful for any advice.
I called the courts and they told me that this company is known to them… last year they issued about 50 claims a week for a while… They advised me to complete an N244 to have the judgment removed so as not to have a blemish on my record.
My question is… would the courts think I have a case? In my view – they have not made any attempt to serve us the S166, which I understand is legal requirement,. Nor have they ensured that any court papers were properly served. All it needed is a phone call the current property management company for our contact details – apparently they know each other.
I am requesting to get this transferred to my local court. Not sure if it is a good idea as they would not be known there, like they are in their home town. Nor sure what it is I can ask for though? I do not dispute I owe them the ground rent, but I thought they can only demand it for the past 6 years. Also, can I ask that my court costs are to be paid (and anything for the distress they cause? (Have not slept in 2 days worrying over this!)
Is it easy to represent myself in court (the demand is for less than 5K)? Are there any pitfalls I should be aware of?
I would be grateful for any advice.