Vexious Claim

[Animal]

I am in dispute with our freeholder over a service charge on a long leasehold property. The SC was put in dispute in July 2007 and the freeholder bought a legal action against me in 2008, which I defended. The freeholder had not and still does not comply with the statutory requirements for SC demands. Further there has been no consultation on major works in the whole 9 years the ll has owned the property. There has been expenditure which is not in accordance with the lease. The freeholder has passed a compensation payment to one of the lessees back to the lessees through the SC!!!!

When I defended the 2008 case the freeholder withdrew citing 'procedural inadequacies in the invoices' - part of my defence. The freeholder has now started a new claim in a different Court.

Can anyone advise on the wording of a defence of a vexatious claim and a request to have the claim struck out? Is it necessary or desirable to include, in the initial response/defence, copies of the letter showing they withdrew from the previous case? Any other evidence I should include?

Thanks for any help...

[WendyB]

Re: Vexious Claim

Not sure if this would cover it, I'm not an expert, but if he discontinued the claim before, might it be covered under CPR 38.7 (I think) as abuse of process? I used that successfully (twice) against Bryan Carter, if it's any use to you.

[Animal]

Re: Vexious Claim

Thanks, I already understand that, but I'm not sure on the wording of a response and if I need to submit evidence of the previous case in my response e.g. the letter in which they withdrew. I've just received the new claim and need to respond within 14 days.

Any chance of posting relevant parts of your response to Bryan Carter? :-)

[WendyB]

Re: Vexious Claim

As far as I remember, I acknowledged, said I was defending in full, then wrote to BC pointing out the error of his ways, then they discontinued. It's all on a thread, can't do a link at the moment as I'm on my phone. Will have a look for it later.

[Animal]

Re: Vexious Claim

Just to clarify, I stated they withdrew, but the correct term is 'discontinued'.

[WendyB]

Re: Vexious Claim

Here you go Animal, sort your way through this N1 served AGAIN - Bryan Carter - SORTED AGAIN !!! - Legal Beagles Consumer Forum

[Animal]

Re: Vexious Claim

Thanks Wendy, that's quite a thread :-)

I'm extremely doubtful sending anything to the Claimant will make any difference, so I'll just put reference to the previous case and enclose a copy of the discontinuance notice with the response form and indicate that I dispute the whole amount and ask for the claim to be struck out as an abuse of process...

[bazaar]

Re: Vexious Claim

Animal, How is this going, I have a similar caes with maintenance company so it might be good to bounce ideas.

[strangewayofsavin]

Re: Vexious Claim

Vexious Claim,cannot advise on but, the landlord can only take legal proceedings if the debt is over £350 or the account has been in arrears for 3 years, this is for ground rent, service charges you are intitled to a statement of account, in order to prove the monies paid are being spent in an appropriate manner, they are entitled to charge an extra fee if cost exceed what was estimated, but again you are entitled to a statemant of account.
If the ground rent exceeds that of the agreed lease, or work provided is not up to scratch, then you have a grieveance, and can be taken up with the lease hold advisory service.