Section 121 to Mortgage company after a CCJ

[siva]

And also remember when you think about continuing that, irrespective of the final decision by the Court or whether costs can be recovered by virtue of the lease, i) if the case is reinstated that the other parties costs for the reinstatement hearing could be awarded to them ii) any costs incurred by the other party in readjusting to take into account a new defence can be awarded.

[sick.as.a.chip]

OK, service charge demand in hand...
its broken down into:
type of unit: Apartments
Apartments with garage & Car parking space
Houses including garage located under apartment and car parking space ****This is what we have***
Houses including car parking space accessed via shared parking court
Houses
ESTATE CHARGE all above are required to pay.
BUILDINGS CHARGE we are required to pay this.
This covers:
block buildings insurance. terrorisim cover
insurance valuation
management fees - mid
legal expenses
minor repairs
health and safety inspection
reserve fund.

ESTATE CHARGE COMPRISES OF:
gardening
Public liability insurance
Management fees Mid
Audit and accountancy fees
company secretaries
legal expenses
directorship fee
postage
meetings
minor repairs
health and safety inspection
tree reserve fund
reserve fund.

More to follow from lease etc.

[sick.as.a.chip]

LEASE OF PART
in consideration of the price and the covenant on the part of the buyer to pay the rent the company:
demises the buyer with full title guarantee the property:
with the benefit of the rights in the terms specified in part 1 of the second schedule but:
subject to the rights in the terms specified part 2 of the second schedule and
Assigns the buyer the benefit (so far as the same attaches to the property) of all the covenants made with the company by any other person who is the registered proprietor of any part of the development or the estate. To hold the same for the Term paying the rent the first payment of which to be made on the date hereof.
IT THEN GOES ON TO GIVE DEFINITIONS INCLUDING THE FOLLOWING UNDER
"maintenance charge" means (subject to the agreement and declaration in relation thereto contained in paragraph 8 of the seventh schedule:-
in relations to the buildings the proportion applicable to the property (specified in part 3 of the sixth schedule) of the sums spent or to be spent by the management company on the matters specified in part 1 of the fifth schedule and so far as the same relate the matters specified in part 2 of the sixth schedule as estimated or adjusted in accordance with part 1 of the sixth schedule.
In relation to the accessway a sum equal to the total amount spent or to be spent by the management company on the matters specified in part 2 of the fifth schedule. divided by the number of flats garages and other dwellings within the development including the property.

[sick.as.a.chip]

MAINTENANCE CHARGE COVENANTS
the management company and the buyer each covenant with each other and the company in the terms specified in part 1 of the sixth schedule.
SIXTH SCHEDULE
PART 1(covenants by the management company and the buyer in respect of the maintenance charge)
1. Estimate
2. Payment
the buyer shall within 14 days of reciept of demand therefor pay the management company the maintenance charge.
3. Account and adjustment.
4. Disputes.

PART 2 EXPENDITURE TO BE RECOVERED BY MEANS OF THE MAINTENANCE CHARGE
1. COVENANTS
the sums spent by the management company of and incidental to the observance and performance of the covenants on the part of the management comany contained in the fifth schedule and part 1 of this schedule.
2. SUNDRY FEES
all fees charges expenses salaries wages and commissions paid to any Auditor Accountant Surveyor Valuer Architect Solicitor or any other agent contractor or employee whom the management company may employ in connection with the carrying out of its obligations under this lease and the leases included the costs of and incidental to the preperation of the estimates notices and accpunts reffered to in part 1 of this schedule.
3. EMPLOYEES
All expenditure incurred in respect of any employees of the management company in the provision of uniforms or clothing or accommodation and all outgoings incurred in connection therewith or payable in respect thereof anf the cost of any other such items in connection therewith as the managemnt company shall determine.
4. INSURANCE
The costs of effecting and maintaining in force the insurance policies.
5> RATES
all rates including watre rates charges taxes assessments and any othe outgoings payable in respect of the development.
6. MAINTENANCE
All sums paid by the management company for the repair and maintenance decoration cleaning lighting and managing of the development
7. TAX
Any tax including VAT paid or payable by the management company to the extent that the same is not recoverable by the management company.
8.INTEREST
9. LITIGATION
The costs incurred by the managemnt company in bringing or defending any actions or other proceedings against or by any person whatsoever.
10. ADMINISTRATION
The costs of administering the management company including the costs of preparing and auditing accounts the expenses of the directors and the secretary and sending out of notice circulars reports or accounts the holding of meetings and all fees payable to any statutory body or any other body
11 RESERVE FUND
12. HEAD LEASE

[sick.as.a.chip]

But until you have the lease you dont know do you? You haven't quoted the section in your transfer as to what you pay not broken down the bill....nor the bill or estimates from the MA.

HI Does the above answer any questions?

[siva]

HI Does the above answer any questions?

Have they submitted documentation (to you, to the court) that shows how the demanded amount relates to what they are allowed to charge? Have you asked for a breakdown?

When you tried to pay the demand and it was refused, was that a payment in full?

LHA's, what were you getting at in post #28?

[sick.as.a.chip]

Have they submitted documentation (to you, to the court) that shows how the demanded amount relates to what they are allowed to charge? Have you asked for a breakdown?

When you tried to pay the demand and it was refused, was that a payment in full?

LHA's, what were you getting at in post #28?

Hi Siva, thanks, they enclosed a copy of a statement of account with handwritten notes on saying what was still outstanding which is why it has taken me so long to work out how much we owed and how they came to there calculation. They also enclosed with the court paperwork copy of the title to the house which in the does not even say (from there copy of it incvluded in the claim form) that we even pay a service charge!!
We asked for resonable installments as they were offering us payment plans to clear the full amount but at the time it was more than we could afford as I was on statutory maternity pay of £135 per week!

[siva]

Well the way I see it, you don't have a defence that will do anything other than reduce the court order by the amount you have already paid.

They will be able to recover all their costs, whether they are awarded in the Court or whether they later have to take action.

I have assumed the following:

1) They are still able to submit documentation to the Court which will convince the Judge that at least some of the amount claimed was due.
2) Prior to their County Court application, you did not have a payment returned which would have satisfied the claim in full.
3) Leaseholdanswers doesn't have a cunning plan.

I hope I am wrong and LHA's can suggest something useful but I don't really see how you can do anything other than save on the amount you have already paid and the costs the other party incur from now on could easily exceed what you save by trying to set the CCJ aside and proceeding with a defence.

[siva]

Just spotted I've got something wrong.

Litigation costs are to be recovered from the maintenance charge which is a shared charge.

It's only your share of this that you need to take into account. So things are not as grim as I was making out!

[sick.as.a.chip]

Just spotted I've got something wrong.

Litigation costs are to be recovered from the maintenance charge which is a shared charge.

It's only your share of this that you need to take into account. So things are not as grim as I was making out!

Siva I'm lost. Where did you see that? I was hoping LHA may have called in to have a look since I'm in a mild panic about tomorrow morning now!