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Dear John Cannon

We write in connection with the above matter and further to our receipt of the letter from Angela Montgomery dated 28 August 2020 consenting to you acting on her behalf in all matters relating to Flat 14, 52 Northumberland Road.

We have since emailed Angela Montgomery to confirm we intend to act upon her letter and have received no response.

In the circumstances, we will now provide information to you regarding the action taken in this matter and the steps required to potentially resolve the same.

As you are aware, we were re-instructed to act on behalf of Kingston Property Services Limited in connection with the property in July 2017.  Kingston Property Services instructed Womble Bond Dickinson (UK) LLP to collect service charge arrears that were due and payable under the lease.  We were instructed to take all necessary steps in connection with the arrears up to and including forfeiture of the lease.

An initial claim letter requesting full payment of the debt due was sent to Angela Montgomery on 17 July 2017.  When no response or payment was received to this letter steps were taken to ascertain Ms Montgomery's whereabouts and a number of further letters were sent to Ms Montgomery.

On 16 March 2018 we received an email from you confirming receipt of our letter dated 20 February 2018.  WBD replied to you on 16 April 2018 acknowledging that you were acting for Ms Montgomery in connection with our previous action but that we required further authorisation from Ms Montgomery confirming we could discuss our current instruction with you.

When we did not receive the required authorisation from Ms Montgomery and after further steps were taken to trace Ms Montgomery's whereabouts, Court proceedings were issued in connection with the debt in November 2018.  Upon issuing the Claim WBD made an application to the Court for substituted service of the Claim documents on Ms Montgomery at Flat 14 and by email.  When making the application WBD informed the Court of the steps that had been taken to attempt to trace Ms Montgomery's whereabouts and also of your correspondence with us.  The Court subsequestly ordered that the Claim documents were to be served at Flat 14 and by email.

A County Court Judgment in connection with the debt was entered on 15 Janaury 2019.  A Section 146 Notice was subsequently served on 30 January 2019.  New attempts to ascertain Ms Montgomery's whereabouts were made following service of the S.146 Notice.  However these attempts were unsuccessful and the debt remained unpaid.

Accordingly, proceedings to forfeit the lease to the property were issued in May 2019.  Again, an application was made for substituted service of the possession Claim documents upon Ms Montgomery at Flat 14 and by email.  In making the application we informed the Court of the new attempts made to trace Ms Montgomery's whereabouts and also of your correspondence with us.  The Court approved the application and service was effected at Flat 14 and by email.

Our clients obtained an Order for possession of Flat 14, 52 Northumberland Road on 26 September 2019.  As the sums due under the possession Order were not paid by 24 October 2019 as was required under the terms of the Order, our client arranged an eviction and took possession of Flat 14 on 28 February 2020.

Our client has since refrained from taking steps to close down the leasehold title to the property held at the Land Registry so as to allow for the period in which Ms Montgomery can apply for relief from forfeiture to expire.

The relief period has now expired and our client can apply to the Land Registry to close down the leasehold title to the property.  However our clients may be prepared to agree to relief from forfeiture if Ms Montgomery is prepared to arrange full payment of the sums due.  If our clients are prepared to agree to relief, they will require full payment of the sums due under the Possession Order along with their legal fees and service charges that are not included in the Order for possession.

Please find attached copies of the Court Orders obtained in this matter.  Please also note the following breakdown of the sums currently due:

Total payable under Possession Order dated 26 Sept 2019  £10,416.86

Legal fees incurred since 26 Sept 2019  £360.00

Service charges not included in possession Order £665.69

Total  £11,442.55

Please confirm whether Ms Montgomery wishes to arrange payment of the total balance detailed above within the next 14 days.  If Ms Montgomery wishes to arrange payment on the basis that our clients will agree to relief from forfeiture, we will take our clients instructions in this regard.

If we do not hear from you or Ms Montgomery does not wish to arrange payment in return for relief from forfeiture, our clients will take steps to close down the leasehold title to the property held at the Land Registry.  Once the leasehold title is closed down our clients can grant a new lease to the property at a premium without any recompense to Ms Montgomery.

Of course, this is a very serious matter and we understand that Ms Montgomery may wish to seek her own legal advice.  Our clients may therefore be prepared to hold action for longer than the 14 day period referred to above if you confirm to us steps are being taken to obtain advice.  Therefore please do keep us fully informed of any steps Ms Montgomery wishes to take above and beyond arranging full payment of the total balance due.

We look forward to hearing from you.

Yours sincerely

Womble Bond Dickinson (UK) LLP

Distribution List: wn49sl@yahoo.co.uk

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Content of this email which does not relate to the official business of Womble Bond Dickinson (UK) LLP, is neither given nor endorsed by it.

This email is sent by Womble Bond Dickinson (UK) LLP which is a limited liability partnership registered in England and Wales under number OC317661. Our registered office is 4 More London Riverside, London, SE1 2AU, where a list of members' names is open to inspection. We use the term partner to refer to a member of the LLP, or an employee or consultant who is of equivalent standing. Our VAT registration number is GB123393627.

Womble Bond Dickinson (UK) LLP is authorised and regulated by the Solicitors Regulation Authority (SRA number 449247).

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