2nd October 2019
Dear All,
It has once more been brought to my attention that Husband Debt Collection Company have issued what they call a "Letter before Acton" threatening Court action if the alleged arrears of your service charge account is not paid. Again, I confirm to you that this letter can be ignored and I reiterate the following:
The court order on behalf of Judge Agnew dated 5th September 2019 paragraph 5 clearly states “The issue as to who is to be responsible for ascertaining and collecting historic service charge arrears will be a matter for the Tribunal to decide at the final hearing, if not agreed by the parties beforehand” Which to date it most certainly has not been agreed.
If you have further concerns in this regard, please don't hesitate to contact my office and speak with either myself or a member of my team.
Many thanks,
Don Gerrard
You may wish to send or email this letter to Husband Debt Collection Company:
Dear Mr Husband.
Re: CX Freehold LTD CC49-BUR
With Reference to your letter dated 1st October 2019
Case reference CHI/00HG/LVM/2019/0009
The court order on behalf of Judge Agnew dated 5th September 2019 paragraph 5 clearly states
“The issue as to who is to be responsible for ascertaining and collecting historic service charge arrears will be a matter for the Tribunal to decide at the final hearing, if not agreed by the parties beforehand.”
Which to date it most certainly has not been agreed.
Therefore, we will be not making any payments until after the court hearing.
Yours Sincerely,
19th September 2019
Dear All,
Yet again, it has come to my attention that Husband Debt Collection Company have once more issued a letter dated 17th September 2019. Please ignore this letter and most certainly do not pay anything to this company. This company is totally acting in breach of the recent court order dated 5th September 2019, where it clearly states in paragraph 5 the following:
There is, however, evidently an issue as to historic service charge arrears. Mr Short said that he had instructed an Insolvency Practitioner to collect in the outstanding debts on behalf of the freehold company. It was evident that Mr Carter's perspective that the figures that Mr Short was asserting were owed to his deceased brother personally as having funded the shortfall of income over expenditure from his own resources were strongly disputed. Thus, the issue as to who is to be responsible for ascertaining and collecting historic service charge arrears will be a matter for the Tribunal to decide at the final hearing, if not agreed by the parties beforehand.
1st September 2019
Dear All,
it has come to my attention that Mr Jason Short, as the sole Director of CX Freeholds Ltd, has instructed Husband Debt Collection company to issue demands for non-payment of the service charge for CX Apartments. This demand has also included the not yet issued demand of £400.00 due on the 29th September 2019.
I would strongly advise not to pay these demands, as this has not been authorised by the Courts.
There is a further Tribunal hearing on the 5th September 2019 to determine whether my appointment should become an substantive appointment and the Tribunal Judge will also give clear instructions with regards to the past, present and future management of the service charge account, which will no doubt include clear guidance on the issuing of Service Charge Demands.
I will update this portal once the Judge's directions have been received.
If in doubt or you have concerns, then please don't hesitate to contact either myself or a member of the FMS Team.
Many thanks,
Donald Gerrard
FREEHOLD MANAGEMENT SERVICES LTD
