Leasehold Flat Service Charge Issues

[ADDLED]

A block list means that several cases are given appointments for hearing at the same time. This leads to lots of people waiting around while other cases are dealt with.

You have been told that the claimant's lawyers are to make the arrangements for the call.

Hi, tks for replying. Ive given my details so that I can be involved in a separate call after the bulk hearing to discuss my case but I would far prefer a face to face hearing at my local court. The last telephone hearing I was involved in was terrible, the judge was openly hostile saying that he didnt like dealing with litigants in person over the phone, so Im worried about this phone hearing.
Can I request a hearing at an actual court, and how do I do so?
tks again.

[atticus]

You will need to make a formal application for the hearing to be in person, paying the fee.

[ADDLED]

Screenshot (97).pngScreenshot (98).png Hi, defence filed, redacted copy attached.
I'd appreciate any comments.
Rgds
ADD

[ADDLED]

Screenshot (97).pngScreenshot (98).png Hi, defence filed, redacted copy attached.
I'd appreciate any comments.
Rgds
ADD

Sorry was wrong file format so didnt show up. Hopefully this'll work.

ALSO: I received an email from JB Leitch today with form N260 listing their costs. The directions from the court stated that all documents had to be in 3 clear days before the hearing, which is on Thursday, so only 2 days. Are they too late?
tks
ADD


Screenshot (97).jpgScreenshot (98).jpg

[ADDLED]

Hello again. I received an email fromJB Leitch this morning:


I write further to our telephone call this morning wherein you requested that I put my request in an email.

We note the content of your witness statement dated 12 July 2025, which was served on 28 July 2025. Whilst the witness statement was filed out of time as per the order dated 30 May 2025, and should not be permitted, we do not, in principle, object to your reliance on the same. Notwithstanding this, our client has a right of reply, and it has not been possible to obtain sufficient instructions and documentation to respond to the allegations raised given the late filing. As such, it is unlikely that this case will be disposed of at the hearing this afternoon.

In order to save judicial time and cost, we suggest that we agree that today’s hearing be vacated to allow our client to file and serve a statement in response by 14 August 2025, and the matter be re-listed for the first available date thereafter.

If you are agreeable, I will draw up a consent order for your review. If you are not, we will proceed to the hearing and draw the court’s attention to this correspondence.

I forgot to attach my witness statement when i sent AoS on 17th so sent it last weekend. One of the orders above says to provide all supporting documents within 3 clear days of the hearing, which Ive done.

The supporting docs I submitted are copies of emails to/from the Claimants managing agent and the solicitor, which they'd already have seen. Its not as if Ive sprung any new evidence on them to bolster my defence.

Should I go ahead today or agree to an adjournment?
tks for any advice.
ADD

[ADDLED]

Hello again, hope everyone is enjoying the unusually rain-free August weather.
We had the phone hearing near the end of July. The claimants solicitor was granted an adjournment of a month and were to file their witness statement this week, me to respond 3 days later. I havent seen their witness statement and today, 3 days after it was due, received a letter from the solicitor claiming that the staff member previously dealing with the matter has left the firm and whilst they have been seeking instructions in connection with the reply from their client’s property managing agents due to the current holiday season and the upcoming bank holiday they are not currently in a position to finalise their client’s statement in time for the deadline.

They're a law firm and they've had a whole month to deal with this. The directors of our RTM Co (there are five) all live in the building and have been present; the Managing Agent has been in regular email contact with all of the residents over the past weeks because of a dispute, so it's fair to say that the solicitor wasn't short of people to contact who were in a position of authority to make a decision.

Also, in their bundle they included a copy of my lease, but missed out one page; the page that states that the service charge demand must be delivered to the property.

This is dragging on, causing me even more stress, and I'm worried that they're just trying to up their costs by dragging the process out. Do I have a right to object to their request and ask for the claim to be struck out?

[atticus]

Yes. You do.

[ADDLED]

Yes. You do.

Thanks Atticus, apologies for not replying earlier.
We had another phone call with a District Judge, who ignored my protestations and allowed them more time to consult their client and submit a new witness statement, giving a date in October... Claimant didnt bother to file a new witness statement When I asked what date I would be given to respond to the claimants new witness statement i was told that it wouldnt be allowed "otherwise we'll be going round in circles for ever" paraphrasing the judges words. This seems odd; surely the legal process is that I receive a claim with evidence, I provide my counter-evidence, then judge decides the case... allowing the claimant to file new evidence without allowing the plaintiff to respond doesnt seem very fair. Is it lawful/legal?
Another thing: the claimant's lawyer has stated that, because I had received and paid a service charge demand in 2023 I am liable for the entire account because the 2023 service charge demand showed the outstanding balance for the prior service charges that they deemed were owed. Is the outstanding balance just a Statement of Account? And can that be construed as a legitimate Service Charge Demand under the terms of the lease, since they've not sent me an actual demand for these amounts?

Hearing is a week away. What dyou think?
tks