Hi,

The managing agent of my leasehold property has passed my details to SLC solicitors to pursue payment, I was about £4400 in arrears.

I have paid the amount along with around £400 added for interest and legal charges, I want to know how I can recover the same.

The backstory,

from the managing agent I was receiving postal and email communication until Dec 2016 for payments due,

but from Jan 2017 I did not receive postal communication anymore.

Apparently, they were emailing me the information,

but as my email hasn't be working reliably I didn't receive the service charge notices.

Significant to note that from Jan 2017,

i have been charged interest on dues,

this was never charged in the past for any overdue amount

(also I'm the only overdue leaseholder who is being charged interest on overdue payments).

Also, I was passed to SLC solicitors who have since charged me another £180 in fees for sending 2 letters.

The first letter was sent to the wrong address and I didn't receive it until much later,

the second letter was sent to my address but was receiving by me after I had made the payment.

The managing agent did not send me any letter before starting legal action.

I feel that the way this whole thing has been done is really unfair to me and i haven't been properly informed at upcoming action at any point.

Please could I know how to proceed to recover the interest and legal charges?

I wrote to my managing agent (RICS registered) asking for a refund,

but they said that all the charges were paid to the solicitors

( i think it would be unlawful for solicitors to charge interest on top of legal fees?),

i think my managing agent is lying.

How do i proceed?

you say legal proceedings

have you ACTUALLY got a court date or court paperwork?

or just willy waving?

and this is concerning missed service charges?

you need to READ you lease paperwork etc carefully.

some state they can charge such sums

some do not.

dx

I paid before i got the court paperwork. I paid on receiving the solicitors notice. The lease says they can recover interest and legal costs from me yes.

The FTT (previously LVT) is the legal 'court' that deals with service charge issues..is the court claim going ahead ?

From briefly reading what you have said Im not sure you would be successful, lots of things in life are 'unfair' but you need a valid legal argument such as.

1. Amounts were not due, maybe not demanded correctly

2. Amounts are excessive or not reasonable.

3. Lease doesnt allow collection of extra fees, many do not or they try to rely on forfeit/s146 clause which may not apply

The LEASE site provides lots of helpful info > https://www.lease-advice.org/