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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1731
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Background:A claim by a residents management company (RMC)

Customer Question

Background:

A claim by a resident’s management company (RMC) for service charges that I allegedly owed was filed in a local county court in approximately August, 2012. I filed a counterclaim based in part on the fact that the RMC is operating illegally and has no standing to sue anybody: they have not had a general meeting or election of directors for 4 years, and they have never provided any accounting of service charges (nor estimated charges, as required by the terms of the lease). In short, they are lawless hooligans using the court to demand menaces. I am a shareholder of the RMC, and do not recognize the authority of the so-called “directors”.

In a county court hearing in about Feb, 2013, the judge decided that the matter of service charges should be referred to the LVT, while the remainder of the case should be heard in county court. In about March, a directions hearing was held in the LVT. The RMC was to provide a statement of their case and an accounting by late May. I responded that although they sent me some information, it was incomplete and inadequate, especially the accounting. I provided a list of questions, which they have ignored.

In the meantime, more of the 200 shareholders are demanding the immediate resignation of the so-called “directors,” who are acting without any authority from any of us.


1.Is it possible to file a continuation of the case, pending the dismissal of the fraudulent directors?
2.How can I compel the RMC to answer the questions necessary to proceed with the case? It is my belief that they have not complied with the court direction to provide a statement of their case and an accounting.
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Fran-mod replied 4 years ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

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Customer: replied 4 years ago.

I have not found my answer yet, thank you, XXXXX XXXXX to wait for a professional.

Expert:  Fran-mod replied 4 years ago.
Hi Alexander,


Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Expert:  Wendy-Mod replied 4 years ago.
Hello again,

We are still working with the professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.

Thank you,
Wendy
Customer: replied 4 years ago.

I have not found my answer yet, thank you, XXXXX XXXXX to wait for a professional.

Expert:  Fran-mod replied 4 years ago.
Thank you.

Your question is presently open to all UK legal professionals.
Customer: replied 4 years ago.

I have not found my answer yet, thank you, XXXXX XXXXX to wait for a professional.


If you require any further details please let me know.


Further more a number of residents have started a "support group " which is holding weekly meeting, The chair of this support group has advised all residents Not to pay service charges any longer until further notice.


My question is:


Can I use this matter as evidence in court and dischsrge my case until the illegal directors of management company are removed, new directors appointed and audited accounts are provided???


 

Expert:  Wendy-Mod replied 4 years ago.
Hello,

I'm sorry to say we have exhausted all our efforts at this time to find the right professional to assist you with your question.

While we were not able to assist you with this question, please keep in mind that JustAnswer has multiple categories, from Health, Pets, Computers, Taxes, Cars, Finance, Tax, to Home Improvement, and more, to assist you with any question you may need answered.

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We hope you will consider us again in the future.

Thank you,
Wendy
Customer: replied 4 years ago.


Thank you for your honest reply above and that I am surprised that my question was not finally answered.


 


Please return my 22 pounds good faith deposit back to my account.


I also wish to cancel my one week trial with you with immediate effect.


 


However please be assured that I will keep you in mind to refer to in future for more simple questions.


 


Thank you


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