Suing a Freeholder – Anyone with experience?Make Text Bigger
I would really appreciate any advice on this issue please. A few years ago due to unemployment and a prolonged period without any rental income, I got into arrears with my service charge. Nothing too big £350.
After resuming the monthly payments and contributed towards the arrears, I noticed discrepancies on my accounts. So I challenged them and provided receipts and bank statements to show the sum owed was no longer £350.
Without any prior warning or the customary “Letter before Action” my Freehold Co. and/or it’s RMA took legal action by issuing a Country Court summons, but not to my home address as held on their files, but to the flat, 200 miles away.
Long story short; the Court case was cancelled due to many issues including I was able to prove the figure as my arrears was only £150, neither Freeholder nor their RMA had met with LTA in the issuing legally compliant Service Charge demands and the summons being sent to a wrong address.
All parties agreed to this figure as the debt, the solicitors, Freeholder and myself. It was offered if I paid the £150 all the legal costs/fees would be waiver.
However, following this and for another 2 years I had a “charge” attached to my Leasehold account, showing a debt of £2,500. But with no reference to its reason. When I enquired I was told it was their solicitors fees. When I contacted the solicitors they denied this was so, also saying they had not been paid by anyone.
A further 2 years of my attempts to have this “charge” removed came to nothing. So I had to employ my solicitor, this has cost me over £1200+vat with another law firm to have the charge removed.
Now I am really struggling to claim my legal expenses back off my Freeholder. They have Professional Indemnity cover and the insurer’s solicitors are digging in with all manner of denials and bull.
Any help or advice would be welcomed, please? Oh yeah, been down the road of the far from helpful Lease Advisory Service, (joke).
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