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We purchased a buy to let apartment and let it out through a letting agent.
On the day we purchased it we contacted the property management company that look after the building and told them we would be renting the apartment . It tells you to ring them in their glossary that our solicitor gave us
As they had no record of us owning the property they would not update our details so we called into their offices and showed them letters of purchase. The woman We spoke to took note of our home address and tel No. We explained the property would be empty for a few months whilst we refurbished and asked that they use our home address or tel us if they need to contact us.
Later in the year the management company sent their service charges to the apartment and the tenant put them in a draw for months. They then got passed to us but in the mean time we had been taken to court and a writ issued against us.
We asked the management company why they didn't send the bills to our house but they claim they had no knowledge of it and didn't know the apartment was tenanted.
We applied to set aside and have a hearing in 2 weeks. We based our application on the fact that the summons was not served on us correctly as the claimant was given our home address details, and if he didn't have it he failed to make sufficient enquires.
when we called to their office on the day we purchased the apartment I also bought some additional door fobs and have a bank statement showing the transaction and a hand written receipt. Whilst we have owned the property we have had to make 3 purchases for FOBs, two of these are noted on the annual statement form the management company yet the purchase on the day We called in with our details is not shown. ( we are guessing it's lost with the details we gave them).
We rent out through a letting agent and they have confirmed in writing that they told the management company they were our letting agents when they had to Purchase another FOB for the tenant. ( they have letter/ recipts from the management company)
We had a visit from the EA and as they were going to take our car we ended up paying £3000 more than the initial bill.
The claimants solicitors have now written to me and asked me to sign a consent form agreeing to set aside. It states that there will be no order of cost.
They also say that if I don't sign they will show the email to the judge and ask that the cost are awarded against us as we are making the court have the hearing for no reason.
In going to court we were hoping that we would be able to set aside and get at least the EA costs refunded.
I spoke to a Solicitor today about the consent order and he claims that If go to court and the judgement is set aside , the CCJ will be removed from our records. He does not think we will get my money back as I did owe the claimant the money, also someone has to pay for the court and EA costs. He suggest I sign the consent form as its the best option.
I know I should act on the advice I have paid for but I am struggling as I know these people have been way out of order, and the solicitor did seem vague with his knowledge on this subject.
We knew we would be getting a bill and had the money set aside for it we just didn't recieve the bill and it's really painful having to give up like this.
Does anybody else have a view on this ? Am I doing the right thing signing the consent form ? or would I be better off taking my chances in court ?
On the day we purchased it we contacted the property management company that look after the building and told them we would be renting the apartment . It tells you to ring them in their glossary that our solicitor gave us
As they had no record of us owning the property they would not update our details so we called into their offices and showed them letters of purchase. The woman We spoke to took note of our home address and tel No. We explained the property would be empty for a few months whilst we refurbished and asked that they use our home address or tel us if they need to contact us.
Later in the year the management company sent their service charges to the apartment and the tenant put them in a draw for months. They then got passed to us but in the mean time we had been taken to court and a writ issued against us.
We asked the management company why they didn't send the bills to our house but they claim they had no knowledge of it and didn't know the apartment was tenanted.
We applied to set aside and have a hearing in 2 weeks. We based our application on the fact that the summons was not served on us correctly as the claimant was given our home address details, and if he didn't have it he failed to make sufficient enquires.
when we called to their office on the day we purchased the apartment I also bought some additional door fobs and have a bank statement showing the transaction and a hand written receipt. Whilst we have owned the property we have had to make 3 purchases for FOBs, two of these are noted on the annual statement form the management company yet the purchase on the day We called in with our details is not shown. ( we are guessing it's lost with the details we gave them).
We rent out through a letting agent and they have confirmed in writing that they told the management company they were our letting agents when they had to Purchase another FOB for the tenant. ( they have letter/ recipts from the management company)
We had a visit from the EA and as they were going to take our car we ended up paying £3000 more than the initial bill.
The claimants solicitors have now written to me and asked me to sign a consent form agreeing to set aside. It states that there will be no order of cost.
They also say that if I don't sign they will show the email to the judge and ask that the cost are awarded against us as we are making the court have the hearing for no reason.
In going to court we were hoping that we would be able to set aside and get at least the EA costs refunded.
I spoke to a Solicitor today about the consent order and he claims that If go to court and the judgement is set aside , the CCJ will be removed from our records. He does not think we will get my money back as I did owe the claimant the money, also someone has to pay for the court and EA costs. He suggest I sign the consent form as its the best option.
I know I should act on the advice I have paid for but I am struggling as I know these people have been way out of order, and the solicitor did seem vague with his knowledge on this subject.
We knew we would be getting a bill and had the money set aside for it we just didn't recieve the bill and it's really painful having to give up like this.
Does anybody else have a view on this ? Am I doing the right thing signing the consent form ? or would I be better off taking my chances in court ?
