A number of threads have discussed personal applications to the District Court without using a solicitor. In my case I am a company secretary of an owners' management company. We are owed unpaid management fees by one owner going back years. To save money, we do not want to engage a solicitor if we can do without. I am under no illusions that we will get a penny. I am doing it to avoid the matter becoming statute barred. When they eventually sell their property, we should be able to have a claim on the proceeds of the sale. Although this is not a personal application, is there anything stopping me from applying to the court to make an order?
DIY application to the District Court without a solicitor
- Thread starter L_earner
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IANAL
I believe what you are looking for is a judgement order to be listed as a charge on the property.
I believe it would be foolish not to engage a solicitor on behalf of the management company.
I'm sure legal fees are an allowable expense from the management fees and can be included in the judgement order.
I believe what you are looking for is a judgement order to be listed as a charge on the property.
I believe it would be foolish not to engage a solicitor on behalf of the management company.
I'm sure legal fees are an allowable expense from the management fees and can be included in the judgement order.
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A company cannot be represented by a director/secretary. They have no right of audience and must be represented by a solicitor.
See this link for further explanation.
mf
See this link for further explanation.
mf
Baby boomer
Registered User
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Yes, mf1 is correct and a solicitor will need to be engaged to act for a company. As far as I know though, any unpaid management fees are a charge on the property and will need to be paid before the property is sold. The statute barring aspect relates only to the legal avenues for recovering the debt prior in the absence of a sale.
You will need to engage a solicitor who can contact the owner who owes arrears and demand a full payment. The solicitor will outline the alternative option for the owner - if they don't settle their account they will face legal proceedings where a court judgement will be made against them for the full amount owed plus they will be liable for any legal costs. This may be enough to persuade them to settle in order to avoid extra costs.
As previous replies have said the arrears will be recouped when the property is sold but unless the OMC takes steps to put a court order in place now the amount recovered will be limited by the 6 year Statute of Limitations so arrears dating back longer than 6 years from date of sale will not be recovered. It is important to take action before 6 years of arrears have accumulated so hopefully you have time to do this.
If you would like the contact details of a solicitor who specialises in MUD Law I can pm you.
As previous replies have said the arrears will be recouped when the property is sold but unless the OMC takes steps to put a court order in place now the amount recovered will be limited by the 6 year Statute of Limitations so arrears dating back longer than 6 years from date of sale will not be recovered. It is important to take action before 6 years of arrears have accumulated so hopefully you have time to do this.
If you would like the contact details of a solicitor who specialises in MUD Law I can pm you.
Recommendations via PM are not allowed.
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