How to defend Majors works claim

[Papa062]

Particulars of Claim- The defendant has failed to pay the charges due following consultation and completion of major works The total outstanding is currently £9275.88. The claimant claims interest under section 69 0f the county courts act 1984 at the rate of 8% a year from 09/05/2012-06/09/2017 and also ineterest at the same rate up to the date of judgementor earlier payment at a daily rate of £2.03

The claimaint did not chase this debt for over 4years because I told them I was on IVA and therefore i thought they've put the debt on hold till i finish the IVA. I am in the final year of the IVA and therefore I requesetd for a statement of account thats when it triggered this debt chase.

I have already done the AOS.

[Kati]

Re: How to defend Majors works claim

If you are in an IVA then I think you should sent the court papers to the company dealing with your IVA ... I'll tag [MENTION=48934]Debt Camel[/MENTION] to make sure tho' xx

[Diana M]

Re: How to defend Majors works claim

Particulars of Claim- The defendant has failed to pay the charges due following consultation and completion of major works The total outstanding is currently £9275.88.

Are you a leaseholder and is this a claim by the Freeholder for unpaid service charges in relation to major works carried out following a section 20 consultation?

If not what are/were these major works?

Di

[Papa062]

Re: How to defend Majors works claim

Are you a leaseholder and is this a claim by the Freeholder for unpaid service charges in relation to major works carried out following a section 20 consultation?

If not what are/were these major works?

Di

Hi Diana-Yes I am a leaseholder and the above is correct

[Diana M]

Re: How to defend Majors works claim

Hi Diana-Yes I am a leaseholder and the above is correct

That's what I thought when I read your post

Ground Rent and Service Charges are debts on the property and if not settled the Freeholder may be able to seek forfeiture of the lease even if you're in an IVA (although I don't have all the facts of your particular circumstances yet).

The most common approach by a Freeholder is to obtain a CCJ then ask the mortgage lender to pay/satisfy it.

Depending on the equity situation a lender will generally pay in order to protect their own security if the property/lease were to forfeited.

The amount paid may be added to your mortgage account etc or in extreme situations the lender may go for repossession if there has been a breach of the mortgage terms.

However before you think I'm scaremongering, the Claimant (i.e. the Freeholder) has to get a CCJ so your first task should be to establish whether that section 20 consultation was carried out lawfully (i.e. were the Notices correctly served).

Was the consultation carried out by a Managing Agent or directly by the Freeholder? Did you raise any objections at the time?

Depending on the history of the s.20 consultation (and any other service charge issues) the claim may be transferred to the First Tier Tribunal for a Decision.

You've filed your AOS so that gives you time to establish what grounds you may have for your Defence.

Di

[Debt Camel]

Re: How to defend Majors works claim

What did your IVA firm say when the IVA was set up? I can't see how they can have proceeded with an IVA until priority debts such as this had a clear plan for repayment?

[Papa062]

Re: How to defend Majors works claim

That's what I thought when I read your post

Ground Rent and Service Charges are debts on the property and if not settled the Freeholder may be able to seek forfeiture of the lease even if you're in an IVA (although I don't have all the facts of your particular circumstances yet).

The most common approach by a Freeholder is to obtain a CCJ then ask the mortgage lender to pay/satisfy it.

Depending on the equity situation a lender will generally pay in order to protect their own security if the property/lease were to forfeited.

The amount paid may be added to your mortgage account etc or in extreme situations the lender may go for repossession if there has been a breach of the mortgage terms.

However before you think I'm scaremongering, the Claimant (i.e. the Freeholder) has to get a CCJ so your first task should be to establish whether that section 20 consultation was carried out lawfully (i.e. were the Notices correctly served).

Was the consultation carried out by a Managing Agent or directly by the Freeholder? Did you raise any objections at the time?

Depending on the history of the s.20 consultation (and any other service charge issues) the claim may be transferred to the First Tier Tribunal for a Decision.

You've filed your AOS so that gives you time to establish what grounds you may have for your Defence.

Di

Thanks Diana