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Property Debt Collection (PDC) put charge on mortgage under Section 121

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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.

Edited by special_k
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