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Default HELP: Solitaire started court proceedings for unpaid service charge & gro

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  • Default HELP: Solitaire started court proceedings for unpaid service charge & gro

    Dear All,

    As a newbie here I would be very grateful for some help. In 2007 I purchased a house from DWH. Being a first time buyer I was unaware that although my house was freehold, the garage from this property was actually leasehold. The garage is 'separate' from my house being under a coach house on the estate.

    Under the terms of the leasehold, I have to pay ground rent of £150 quid a year and a £71 service charge to a shady property management company called Solitaire

    Because I have had an ongoing dispute with Solitaire over their service, I have paid nothing to date. I realise this is a mistake and I should have paid the ground rent. In December 2010, Solitaire contacted my mortgage company (Santander) to note that they were owed payment from me. They got nothing. They had requested payment of 822.

    Last week out of the blue I have been hit with a court proceedings letter for Northampton with Solitaire now suddenly asking for £1600 and I need help with what my next steps should be.

    So far I have determined that I must pay all the backdated ground rent. The service charges is a completely different matter and I have never received full accounts of what these charges consist of - i.e. what work has been done and what I should pay. Instead I receive some confusing statements which are purely ******** because they mention electricity, gas, lighting which have nothing to do with my leasehold.

    I would like to admit that I owe ground rent and would even pay the backdated #71 but there is no way I owe £1600. By my reckoning the £800 - 900 mark is nearer to the truth. Please can someone help. I have being trying to get from my original solicitors whether there is also a residents association which may help.
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  • #2
    Re: Default HELP: Solitaire started court proceedings for unpaid service charge & gro

    Hi Andy

    A court will seek to uphold the terms of the lease, unless they are in someway unlawful.

    if you are saying there has been no service provided or that the services are of a poor standard then you may have a defence to the service charge part of their claims under Supply of Goods and Services Act 1982

    Did you receive details of their application for a Judgement along with a response pack or has an application been rubber stamped and you have received notification of a County Court Judgement?

    Stuart
    Stuart

    Comment


    • #3
      Re: Default HELP: Solitaire started court proceedings for unpaid service charge & gro

      Originally posted by Judge mental View Post
      Hi Andy

      A court will seek to uphold the terms of the lease, unless they are in someway unlawful.

      if you are saying there has been no service provided or that the services are of a poor standard then you may have a defence to the service charge part of their claims under Supply of Goods and Services Act 1982

      Did you receive details of their application for a Judgement along with a response pack or has an application been rubber stamped and you have received notification of a County Court Judgement?

      Stuart
      Stuart
      Hi Stuart,

      Thanks for your response. Alls I can say is Solitaire have, through Northampton Court, instigated proceedings. I say this because I have recently split up with my partner and live away from the property and she is sending the documents to me. I have spoke with her to get some idea of what it what.

      Ostensibly I am happy to meet backdated service charge and ground rent. As much as DWH bull ****ted, its in black and white in the leaseon the garage. A salutory lesson on checking the paperwork yourself and not a dodgy solicitors 'oh everything is in order.' The service could have been better IMO, but I am not sure how to argue on these grounds.

      What i want to contest is the claim amount of 1600. This in no way constitutes the ground rent and service charge. My instincts tell me it is a lump sum of admin charges and the like, but I can only post the full details tommorow or possibly Thurs.

      I would be grateful for your assistence as I have to get court forms back by COB Thursday!

      Comment


      • #4
        Re: Default HELP: Solitaire started court proceedings for unpaid service charge & gro

        If you are not disputing the lease or service charges I suggest you admit that part of the claim against you (you will also have to accept interest and court fees). You can dispute the additional charges details of which should be given within their particulars of claim or a supporting witness statement. This is the small claims court and costs/charges are restricted by the courts

        Stuart

        Comment

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