Dorchester vs Angel_Whip

[angel_whip]

Hi

Looking for help on how to write defence statement for court claim against us for ground rent.

Basically, we didn't get invoiced for ground rent for 9 years, suddenly received a 'late payment' letter demanding all 9 years, we disputed, ground rent management company changed, we disputed again, and even though eventually we asked for a payment arrangement, passed to solicitors who've added £1k+ in charges and put in a county court charge. In meantime we had sent a cheque to try and begin to pay, but they haven't cashed it, so we started paying ground rent company directed via BACS. They also didn't invoice us for the current year correctly.

So far I have these notes:

We have never contested that we owe the ground rent on this property. The facts as we see it are as follows:

1. Our lease does not state a company to pay ground rent to
   
2. It took Dorchester and its predecessor 9 years to send the first invoice for ground rent. which cames a a demand for full payment of 9 years ground rent. We have never recieved any communications before this point and neither dorchester or its predessor have ever been able to provide copies of communications.
   
3. We asked for copies of the invoices. These was not supplied and they continued to demand full payment immediately. At this time my wife had started materity leave and so we were on a reduced income.
   
4. Novemeber 2013 we wrote and asked for a payment arrangement. This letter was ignored.
   
5. Dorchester passed this to Brady’s solicitors who continued to demand for full payment.
   
6. We engaged in communications with Bradys and explained we had already asked for a payment arrangement
   
7. We believe that Dorchester do not have a relaible billing process which can catch out clients. For example we should have been invoice in November 2014 for the ground rent due in December 2014. We have to chase Dorchester to get this invoice and it is clearly marked January 2015 (see XXX). We think this is fundamental to the problems we have encountered

Other facts that are missing from Bradys documents:

We have made efforts to pay down the dept

1. A payment of £10 was made on the account on the XX of XX
   
2. A payment of £138? was made on xx.xx to cover the very late invoice for
   
3. A cheque for £215 was sent on XX to Brady’s they have acknowledge the letter but never banked the cheque we have since bank transfer £430 directly to Dorcherster as we felt we had no other choice if Bradys were not going to accept our money.

Our assesment of the situation is that Bradys have no interest in coming to a reasonable payment arrangement. We don’t believe that Dorchester should have ever passed this over. We have no issue in paying the remain ground rent we owe and have demostrated that we are will to do so. All we asked of Dorhester was time to pay - instead they have passed it on to a solittor who’s only seems interest in threating us with the law and making a profit out of a situation that was mainly of thier clients doing.

Any advice greatfully received.

[stevemLS]

Re: Dorchester vs Angel_Whip

Many leases provide that the leaseholder must pay ground rent "whether or not demanded" meaning that technically they don't have to issue invoices.

You need to be very careful when dealing with this issue, non payment of ground rent can in theory be grounds for forfeiting the lease.

How much is it, ground rent is usually a very small amount?

[angel_whip]

Re: Dorchester vs Angel_Whip

It was £100 a year, then went up to £130 so bill was £950+ - and came when I was on maternity leave so there was no way we could pay it. We've tried to negotiate a payment arrangement with them, but they've actively refused it. Below is the defense I've put together - we are part agreeing the claim, but defending against the legal fees:

I received the claim xxxx from the County Court Business Centre on 9th February 2015.
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
It is admitted that the Defendant has entered into a Lease for xxx on xxx 2004. The Lease document does not include details of an appointment ground rent management company or a schedule of payment.
Ground rent was not demanded from the Defendant by either the Claimant Dorchester Ground Rent Management, or their predecessor Mainstay Residential Limited. The first contact I had regarding a ground rent demand was a late payment letter for £938.50 from Mainstay Residential Limited dated 2nd January 2013. This covered ground rent for a 9 year period. The Form of Rent Demand Notice as per the Commonhold and Leasehold Reform Act 2002, Section 166 has never been received by the Defendant for this period.
Under the Limitation Act 1980 the limitation period for recovery of ground rent is 6 years.
It is admitted that the Defendant is required to pay the Ground Rent for xxxx equal to £926.21 based upon the latest invoice received from the Claimant dated 23rd January 2015 minus the monies already paid towards this as stated in point number 7.
The Particulars of the Claimants Claim do not include payments made by the Defendant by BACS to their client: £10.00 on 8th December 2014 and £130.46 on 2nd February 2015. In addition, I had also made a BACS payment of £424.00 on 7th February 2015 after the Claimant had filed this Claim, but before I received notice of it.
It is denied that the Claimant duly rendered invoices to the Defendant. Despite numerous written requests to the Claimant and their Solicitors the Defendant has not received any invoices or demands covering the disputed period. The Claimant has failed to provide full information relating to the debt. When I requested copies of invoices from the Claimant’s Solicitors we were told that the work undertaken to do so would be recharged to the Defendant, despite this being a reasonable request and as such is an attempt at unjust enrichment.
It is denied that the Defendant has failed to acknowledge requests for payment by the Claimant. The Defendant has responded to every correspondence from the Claimant and the Claimant’s Solicitors either requesting further information or to request a payment arrangement.
The Defendant has made attempts in good faith to settle this matter. Upon the Claimant taking over the Lease, I wrote requesting a payment arrangement in response to their letter of 14th November 2013. At this time my wife was on maternity leave and as such we were on a reduced income. This request was ignored. They instead chose to pass this matter to their Solicitors who continued to demand payment in full and added additional charges making this more unaffordable.
The Defendant has repeatedly attempted to negotiate a reasonable payment arrangement with the Claimant and their Solicitors based upon my financial circumstances. At each point these requests have been refused. The only payment arrangement offered by the Claimant’s Solicitors was over treble the amount I had stated I could reasonably afford. This also included a £25 + VAT administration fee per monthly payment by the Claimant’s Solicitors and as such is an attempt at unjust enrichment. My final offer was £18 less than the Claimants offer however they still chose to refuse this and add more charges which is also an attempt at unjust enrichment.
The Defendant has attempted to begin to pay towards the sum claimed. On 13th January 2015 I sent a cheque to the Claimant’s Solicitors for £212. Despite the letter being acknowledged on 26th January 2015, the cheque has never been cashed or returned. The Defendant has since requested the cheque be returned which it has not.
The Claimant does not include a full breakdown of costs for the Defendant in the Particulars of Claim. In the breakdown of costs to date provided to the Defendant by the Claimant on 6th January 2015 the Claimant has charged £175 for ‘Costs for Contacting Lender’ despite the Defendant explicitly refusing permission for the Claimant to do so on my behalf.
The Claimant has a demonstrably flawed billing process. The invoice for the Ground Rent period 1st December 2014 - 30th November 2015 was only rendered when requested by the Defendant on 14th January 2015 and is clearly dated 23rd January 2015 with payment being due the same day. This contravenes the Form of Rent Demand Notice as per the Commonhold and Leasehold Reform Act 2002, Section 166 which states in note 2 that the date must not be either less than 30 days or more than 60 days after the day on which this notice is given. The defendant has also requested a statement of account from the Claimant at the beginning of February detailing the payments listen in point 7 which I have not yet received. This demonstrates the Claimant’s Client’s disregard for due billing process.
Due to the Claimant’s failure to provide the Defendant with copies of all ground rent demands when requested, the Claimant’s failure to acknowledge in the Particulars of Claim the Defendants requests to set up a payment arrangement and make payment by cheque and the Claimant’s failure to acknowledge payments made via BACS towards the claim, the Defendant denies that I am liable for the Legal costs including solicitors costs as this matter should never have been passed to the Claimant’s solicitors. The Defendant points the Claimant to section 4 of the lease which states that the Defendant may ‘peaceably and quietly hold and enjoy the Property’. This process has caused considerable emotional distress to me and my family and clearly undermines this covenant.


Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

[dan_1207]

Re: Dorchester vs Angel_Whip

Ok. Please upload the claim form and particulars of claim. They can only go back 6 years for ground rent, and any claim for administration charges must be allowable under your lease. If they are, they must be reasonable (S158 of (& sch. 11 to) Commonhold and Leasehold Reform Act 2002). You can argue they're not and ask that the determination of those sums is remitted to the First-tier Tribunal (Property Chamber).

Really need to see a statement of account - when did it go over to Dorchester?

[dan_1207]

Re: Dorchester vs Angel_Whip

Many leases provide that the leaseholder must pay ground rent "whether or not demanded" meaning that technically they don't have to issue invoices.

You need to be very careful when dealing with this issue, non payment of ground rent can in theory be grounds for forfeiting the lease.

How much is it, ground rent is usually a very small amount?

Common law has established that ground rent has to be demanded to fall due, irrespective of lease terms.

[stevemLS]

Re: Dorchester vs Angel_Whip

Well, good luck with it is all I can say.

[angel_whip]

Re: Dorchester vs Angel_Whip

How can I upload claim form? I have paper copy - can i download PDF off moneyclaim?

Dorchester took over in August 2013 but didn't demand payment until November 2013 (just as I was going into unpaid element of maternity leave).

Thank you!

[dan_1207]

Re: Dorchester vs Angel_Whip

When posting, click "Go Advanced", then the paperclip icon in the row of icons above the text box.

Have you advised your mortgagee not to pay?

[Tools]

Re: Dorchester vs Angel_Whip

When uploading documents please make sure you remove any personally identifiable info. If you have difficulty uploading please email any documents to admin@legalbeagles.info with your username in the subject line and make us aware in here.

[FlamingParrot]

Re: Dorchester vs Angel_Whip

How can I upload claim form? I have paper copy - can i download PDF off moneyclaim?

Dorchester took over in August 2013 but didn't demand payment until November 2013 (just as I was going into unpaid element of maternity leave).

Thank you!

This may be of help: http://www.legalbeagles.info/forums/...r-details-safe!)

[stevemLS]

Re: Dorchester vs Angel_Whip

Common law has established that ground rent has to be demanded to fall due, irrespective of lease terms.

For my own interest Dan, what is the authority?

[dan_1207]

Re: Dorchester vs Angel_Whip

The most obvious is the statutory requirements under s166 Commonhold and Leasehold Reform Act 2002. Specifically, s1 which states, "A tenant under a long lease of a dwelling is not liable to make a payment of rent under the lease unless the landlord has given him a notice relating to the payment; and the date on which he is liable to make the payment is that specified in the notice." Such notice must, of course, be in the prescribed form. If no demand has been served then the ground rent has not yet fallen due.

[nemesis45]

Re: Dorchester vs Angel_Whip

I think you will need to itemise the statement as it is at present it a large block of text which may lead to important points being
" glossed over" or completely missed.
Content is fine but needs editing down somewhat.#

nem