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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!
Hi all, I'm hoping I can get some help on this I have a property that is let out (with permission from my mortgage provider) while I have been working abroad. The mortgage provider has my correspondence address on file. The management company for my estate charges me an annual fee. I've been late paying this before so I signed up to their online account so I can track it online, which is easier for me. In September 2015, they emailed me saying that they were moving to a paperless solution and would be emailing invoices and other correspondence from October 2015. I did not receive an email and forgot about it until Jan 2017 when I got an email requesting payment for 2017 charges and promptly paid. I picked up my mail from my rented out property August 2017 (most of my mail is redirected but some slips through occasionally) to find a letter from my mortgage provider stating that a charge of approx £720 was added to my mortgage in respect of late rentcharges. This letter was dated June 2016 but they sent it to the address I have let and not my correspondence address so I did not get it at the time. I have received letters from them before and after this date to the correct address. I went back through more mail to find that PDC had sent me letters chasing the management company's invoice (that I did not receive). A quick summary (all these letters went to old address so I only got them in August 2017): early Feb 2016 - management company sent "final demand" letter for payment (not paperless!) (approx £150) late Feb 16 - PDC wrote asking for £370 and including a form asking me to authorise them to take it from my mortgage provider early March 16 - PDC wrote again asking for payment mid March 16 (10 days later) - PDC wrote again stating Section 121 and asking for payment of £720 to avoid legal proceedings. They sent this to my mortgage provider too late March 16 - Mortgage provider writes to me (at wrong address) saying PDC alleges arrears of £720 stating that they won't take action unless they get evidence that PDC can take forfeiture action early June 16 - Mortgage provider writes (to wrong address) to inform me that £720 has been added to my mortgage I called mortgage provider and they told me that PDC provided "evidence" of a CCJ against me in April 2016 and that is why they paid. I checked my credit file recently and no CCJ has been recorded. I also never received a letter from PDC after mid March. I've seen other posts about PDC on this forum but most people were able to stop action before they went to the mortgage company. I'm looking for advice on what I can do now to get those funds back from PDC. I have also filed a complaint against mortgage provider for not writing to my correct address.
Hi, I'm afraid I have to go into a bit of slightly irrelevant history before I get to the point, so please bear with me! I own a freehold property that I bought in 2005 and currently rent out. I discovered two months after the property purchase completed, that although my property is freehold, there is a management company involved and a covenant in the Land Registry deeds. The management company refused to agree to the register of the title in my name, until I signed the covenant, so I had no option but to sign it. Around two years after I bought the house, the management company started to try and charge an annual maintenance fee, which I have disputed in full since they first contacted me, on two grounds - firstly that I signed the covenant under duress (although I am aware that is a case of 'caveat emptor' and it may be deemed that I should have been aware of what was in the deeds). The second ground is that the management company have not provided me with any tender documents or invoices for any work carried, despite repeated requests, and the management company's fees represent more than 50% of their annual expenditure. Despite the fact that I have disputed their invoices in writing on numerous occasions, they have passed the debt on to a third party, Property Debt Collection Ltd, who have disregarded, or failed to understand the nature of my dispute, and it is they who have now served the Notice in the thread title. They claim in the accompanying letter that they will commence possession proceedings if the amount remains unpaid; have added a £650 preparation fee to the outstanding sum (disproportionate for a two page Notice, surely?); and refer to an estate rentcharge, which I don't believe this is. They also state in the Notice that they intend to enter the property and take the income thereof. I have tried to research this Section of the Act online, but I am struggling to find out firstly whether this is even the correct Notice as the charges are estate management charges and not a rentcharge, or whether thay can take any action such as their threat to enter without a Court order? I have read of a charge being added to the mortgage under Section 123(4) but I don't want my mortgage company to pay a disputed debt. I would actually be happy to go to court as I would like the opportunity to put my defence! I should also comment that I work in residential lettings, so I am relatively familiar woth most legislation, but this is a new one on me! Any advice would be gratefully received.
I am a freeholder with a covenant to pay for the upkeep of communal facilities - which is shared with other freeholds and leasehold flats. My Transfer (TP1) does not have an annexed 'right of entry' clause. The service charges are regarded as estate rentcharges (although not explicitly stated in the transfer). I have very good grounds on disputing the service charges, for which I would actually like to the County Court to make a judgement. The management company employed a solicitor firm a few years ago to threaten me into paying all costs. I paid for costs that I thought were reasonable, which they did not accept as a settlement. I expected a county court summons - instead nothing happened for a couple of years and now the management company have employed another solicitor firm. I've asked the new solicitors to go to the county court for a judgment. Instead, they've decided to approach my mortgage company based on section 121 of the Law of Property Act 1925. I understand that under this law, the management company can take possession of my property only to recover the cost of the rentcharge. However, my dispute is that that I have not broken the covenant as the costs I'm being charged for are unreasonable. The solicitors wrote the mortgage company saying that "under section 121 of the Law of Property Act 1925, to obtain possession a County Court Judgment is not required... if payment is not made within 14 days, we will enter into possession without any further notice". My mortgage company has told them that they won't be taking any action (at least for now) and for me to contact he solicitors to sort out the issue. I'd be really grateful if someone can clarify how they can enter possession without a County Court Judgement?