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I own a property in a small development of 7 houses. There is a tarmac access area and some paved footpaths around the houses for which ownership has been retained by the developer but over which the residents have right of access, subject to our each paying a share of maintenance and upkeep expenses. The developer has appointed an agent to act for him and this agent has issued invoices for expenses annually, typically in the amount of £250 per property i.e. £1750 per year in total for the whole development. As far as we are aware little or no maintenance work has been carried out, and none is really needed, but there is a possibility that someone has visited occasionally for the purpose of sweeping and general tidying. No substantiation of the amount claimed has been provided despite request but the agent has stated that, as well as actual maintenance cost, we are liable to pay for insurance, lighting, management and accountancy fees for the whole estate. The residents acknowledge liability for maintenance costs actually incurred and have agreed to pay a nominal amount of £100 each (making £700 in total), which should be well in excess of the costs actually incurred. The agent has responded by issuing a "Formal Demand" and stating that unless we pay the amount claimed in full either the account will passed to a debt collection agency who may issue court proceedings or a first charge may be added to any applicable mortgage. We are also informed that the developer can place a charge over our properties, and that we will be liable for any legal and financial administration costs incurred. The question is therefore can the developer or his agent carry out any of these threats? How? Do they have to go through the courts? If it were a one-off charge we would probably pay the amount claimed, but it is annual and so would accumulate in perpetuity. Also, any registered outstanding claim would have to be settled if any of us wished to sell. And there may at some point be some genuine maintenance or repair work that is required to be done.
Hi all, I have couple of questions about both IVA and BR, I am currently on DMP and been so for the past six years, total debt is about 24k, no property or any thing worth of any value! When declaring I&E what are the guidance for a reasonable expenses? Do you have to provide a proof for every single expense?? I have to help my family abroad with a monthly payment of(£350) due to the passing away of my father couple of years ago! will they accept this as a reasonable expense? Do they contact your employer to confirm your salary? how do they confirm your income? In term of BR and if I have to pay IPO, does this change within the three years according to my change of circumstances or is it a fixed amount once declared within the Bankruptcy period?