Help needed

[Harriet 69]

lI have had a Claim for Service Charges issued against me. The solicitors for the Management Company say that they issued the Claim and have no knowledge of the signed Admission Letter which I sent to their offices. This letter was drawn by them and gives the authority for my lender to pay the outstanding charges. They are aware that by issuing proceedings they can claim their contractual costs that is stated on one of the provisions contained within my lease. I sent the Letter of authority to their business address and because I paid at my local Post Office counters by debit card I have payment proof supported by a letter from my bank to prove the transaction. I feel that they have done this to recover more costs [an extra £2000]. My understanding is that my letter is deemed served after two business days. Surely I cannot be held responsible for post that they are not receiving. The letter was sent on 10th November and their claimed served in January. Can someone help as I am powerless to do anything once the document was posted.

[echat11]

Hi HARRIET 69

a) What you need to do is Acknowledge the claim online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days.

https://legalbeagles.info/library/gu...ledge-a-claim/


b) Send their solicitorsa CPR 31.14 Request, they have 14 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

c) Send the management company a SAR, they have 30 days to provide all the details on your account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Make sure you get your defence in on time, so 28 days from today, note it in your diary

des8 please can you take a look.

[Harriet 69]

I'm concerned that filing a defence will incur more costs as they can add all costscon the action under the provision contained in the lease.
Also in law does the admission form that i sent to them stand as served ?

[echat11]

I'm concerned that filing a defence will incur more costs as they can add all costscon the action under the provision contained in the lease. Also in law does the admission form that i sent to them stand as served ?

If you don't defend it, they will more then likely request a Default Judgement. You sent it, you have proof you sent it. They by starting proceedings are saying they didn't receive it (it might be a play by them to get the extra £2000). You have good evidence that you sent it.

Celestine Can you please take a look.

[Harriet 69]

Yes there is case law and also the Interpretation Act.
Will a DJ on balance of probabilities accept that the document was sent? I have this morning received confirmation from my bank stating the time and date of the transaction at the Post Office. Surely the only onus on me is to correctly address the letter which I have a copy.

[echat11]

Yes there is case law and also the Interpretation Act.
Will a DJ on balance of probabilities accept that the document was sent? I have this morning received confirmation from my bank stating the time and date of the transaction at the Post Office. Surely the only onus on me is to correctly address the letter which I have a copy.

Judges are 'fickle', this is a pretty straight forward matter, not complex. So I would say so. Did you get Proof of Postage?

[Harriet 69]

Unfortunately not but my bank have sent me confirmation of the transaction at the Post Office.
surely this is more than adequate evidence

[Harriet 69]

Also does anyone know how long the waiting list is at the moment for a case to be heard in a Small Claims Track

[echat11]

Also does anyone know how long the waiting list is at the moment for a case to be heard in a Small Claims Track

There is a back log, you won't get a indicative answer to that question. It was in November, you could see if the Post Office has CCTV from that period, the counters are usually covered. You could hand the Post Office a SAR request for the CCTV for that date and time, that might of captured your envelope with address.

SAR template in post 2, worth making an enquiry.

[Harriet 69]

Surely deemed service has to be in line with CPR
Also most solicitors, Court and HMRC send all their post by Royal Mail. The onus if the addressee not the sender surely. I'm powerless to dobsnything once posted

[Celestine]

You must defend. Your proof of postage via your bank should convince a Judge. You could also consider a partial admittal and pay the portion you agreed in the pre-action protocol letter. Then defend the rest.

Is the claim total over 10k?

Claims are taking around 1 yr plus to get to hearing.