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Management company using section 121 notice


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Ok, so this is a bit of a long story so I'll try and keep it as short as possible, I'm no legal expert at all.

 

I moved into my new property August 2017, I moved from a previous address which everyone involved knew about.

 

Now where I live is Freehold, but I have a management company who cut the grass etc in the local park, which I have to pay for yearly......I had not received an invoice at all, so I just presumed I would get one yearly one.

 

Now I was in the area of my previous property and it turns out the management company have been invoicing my previous address to demand payment, but obviously as they demand payment every 6 months, it has now created arrears and they have now appointed solicitors to collect payment

 

. I have contacted solicitors and explained everything, they're not interested, just demand money! They told me to speak to my solicitors who assisted with the purchase of the property as they should have informed the maintenance company of change of address.

 

I have contacted them, which they sent me the letter which was sent to the management company, I then forwarded this to the solicitors and they have said this isn't good enough and are going to pursue payment. which I should pay £120 a year to the management company

 

now with arrears and solicitors fees they want nearly £550. They have said I have 7 days to pay the full amount or they will proceed with an Section 121 notice which will add significant charges.

 

My point is, surely it is an administration error on the part of the management company or the solicitors who assisted with the purchase of the house. I was never told anywhere I have to contact the management company to change my address!?

 

All of the solicitors involved knew it was my main residence.

 

What can I do going forward??

As debt collecting solicitors just don't listen and all they do is demand payment. Management company won't talk to me and just say "its in solicitors hands now"

 

Any advice would be great,

I'm speaking to my solicitor tomorrow to see where I stand on this, as out of principle I don't think this is my fault at all!

Edited by dx100uk
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Moved to residential forum

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If they have been sending demands to the wrong address then it depends if/how they had this information...if you clearly told them of correct address then the actual amounts would be owing but NOT any additional fees etc

 

As its freehold then the usual leasehold/service charge protections dont apply, its purely contractual.

 

You need to find the contract agreement that requires you to pay, does it mention additional charges etc ?

 

I see there is similar post here > https://www.consumeractiongroup.co.uk/forum/showthread.php?467522-PDC-Notice-Received-under-Section-121(3)-LOP-1925.-Advice-please and here - https://www.consumeractiongroup.co.uk/forum/showthread.php?199765-Property-Debt-Collection-Limited

 

What does the £500 sum consist of ?, how much is the actual maintenance charge ?

I dont know much about Section 121..but on leasehold properties whilst its possible to threaten forfeiture its a long process with many safeguards built in.

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