Full article: https://mailchi.mp/maltingsclose/ttmclosesincourt
Dear Residents,
Today, our community achieved another major victory in the fight against unfair service charges.
β What Happened in Court
- TTMC attempted to secure a County Court Judgment against one of our members for alleged unpaid service charges.
- This claim was made before our campaign began challenging these charges at the First-tier Tribunal (FTT).
- We argued that the Tribunal must rule first, before any County Court action could proceed.
- TTMCβs lawyers (Lazarev Cleaver β a one-man law firm part-owned by Paul Cleaver, the owner of Urang) argued the opposite.
π The Judge disagreed.
After hearing our submissions, the Judge stayed the case (froze it) until the Tribunal outcome is known, stating:
βThe tribunal proceedings are very relevant to any demands being issued for service charges, especially those being challenged in the FTT.β
This ruling means:
- TTMC must cover todayβs costs (which we will recover).
- If they try to restart, we will seek to have the claim struck out entirely and pursue further costs.
π‘ Why This Matters for ALL Residents
- The Court has confirmed: service charges do not need to be paid until the Tribunal determines if they are reasonable and payable.
- TTMC cannot push County Court claims while charges are under dispute at the Tribunal.
- Since TTMC has admitted key errors in its accounts, any County Court claim would be based on incorrect figures.
π This ruling impacts not just 2022 charges already in dispute, but also 2023 charges (and soon 2024).
π° Why Withholding Payments Makes Sense
- If you withhold service charge payments while the Tribunal case is ongoing, you are holding onto the very money TTMC is trying to take through Urang.
- If youβve already paid, you may later receive a credit or adjustment.
- If you withhold, you will only ever pay what is actually due once the Tribunal rules β not a penny more.
π TTMC Is Insolvent β This Changes the Game
- Because TTMC is insolvent, any County Court claim can be challenged with an application for Security for Costs.
- This would force TTMC to deposit money with the Court Funds Office to cover residentsβ legal costs if TTMC loses.
- We are currently aware of only one such case that predated the Tribunal proceedings.
π If TTMC or Lazarev Cleaver has filed a claim against you, contact us immediately so we can help you as we did today.
β Our Advice to Residents
- Do NOT pay any service charges until the Tribunal proceedings are concluded.
- Keep all correspondence from TTMC or their agents.
- Forward any demands or legal notices to the MCRA immediately.
- Stay united β this ruling proves that when residents challenge unfair demands together, we win.
π‘ Final Word
Our campaign to remove TTMC (insolvent) and Urang continues β and it will not stop until they are gone.
We will update you as the Tribunal case progresses and as we seek to recover todayβs costs from TTMC.
With solidarity,
Maltings Close Residents Association (MCRA)
π (Click the link to read the full article online) β https://mailchi.mp/maltingsclose/ttmclosesincourt
