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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 9th April 2008, 13:15   #1 (permalink)
regmcm
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Default lease hold arrears to management company Help required urgently !

Hi there im new to this forum - hoping somebody could help or give me some advice?

I own an apartment which is in a high rise building and is on a leasehold. There is a management company who i pay £100 a month to for the maintenance and upkeep etc.

Unfortunately due to circumstances i have fallen behind with payments to the management company and am in arrears to the tune of £1900.

they instructed a solicitors to claim the money back from me. Back in September i made an offer of £150 per month to pay back this debt. i paid one installment whilst i was waiting for a reply, but I did not get a response until after christmas when the offer was turned down and they threatened me with legal action.

I again explained my financial position to them and increased my offer to £200 to be reviewed on a 3 month basis (my pay fluctuates as i get paid commission and there was a possibility that i could make interim payments or even pay the debt off in full)

The solicitors replied that they would put this offer to the management company but that i should make payments anyway. I replied that i was not going to make any further payments until i had an agreement that they would not instigate proceedings against me.

Another 6 weeks went by without a reply so i contacted them again and asked them to accept my offer. Without warning i have now received a county court application for the full amount outstanding!

At no point have i stated that i was contesting the amount owed and have constantly asked them to come to an agreement with me which they have just ignored.

So i now have to reply to the court application, the only option i can see is for me to admit the claim and make an offer of payment?

I have some questions and would welcome any advice?

1 Even though i have made an offer of £200 previously, can i reduce this on admition of the claim?

2 It says in my agreement with the management company that if i default on the fees that they can gain entry to my property? Does this mean that if they have a judgment against me that they can throw me out of my own flat?

3 Can they get a judgment against me even though i have made a reasonable offer to pay?

Any help would be appreciated, i have until this Friday to reply to the claim.

Many thanks
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Old 9th April 2008, 21:18   #2 (permalink)
Conniff
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Default Re: lease hold arrears to management company Help required urgently !

It's not just the offer, you should have sent what you considered affordable and continued to send it monthly without waiting for a reply.

Do that now, send the payment you can afford with your offer, but pay it again every month and on the same day.

By cheque would be the best way to do this so you can see when they were cashed and have a record of such.

Can I be nosey Reg and ask what you get in return for your £100 per month ?
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