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brambles007

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  1. Hi all I'm new on here so not sure if this is where this should go. Anyway i'm having a real issue with a property maintenance company who are now threatening legal action over payment and wondered if anyone had any advice. When i moved into my house 12 years ago the developer had appointed a factor who was useless. The residents got together and under the terms of the deeds removed them by getting a quorum (35 of 67) to sign a document basically telling them to go. They did. The problem came when one guy in our street took it upon himself to elect a new factor. This factor then began billing us. I refused to pay on the grounds that they were not appointed under the terms of the title deeds. About a year later i had a letter from a debt collection company demanding money and threatening court action if i didn't pay. In my naivety i paid and told them i was doing so purely to stop any court action however i have been asking since that point for proof from them of being the appointed factor. They have never replied to my request despite asking them for years and so i have never paid them. The company keeps getting bought over and every year now i get a letter demanding money, threatening court action. I ask for proof and nothing ever happens. This week though the latest new company has sent a letter stating that the property management act determines one of the conditions for management of a development is "custom and practice" and has inherited the business and therefore this now applies. As i paid a bill in 2007 i am now liable according to them. I know that they never had the required 35 signatures from the residents and i'm unsure who if anyone is paying them. They regularly attempt to convene an AGM however no one ever shows up. Despite several calls to them they never return any calls and can never produce a document of proof of being the appointed factor. Can anyone advise if they have a leg to stand on? Thanks in advance Gareth
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