RMG and PDC

[woolsty]

My daughter as never paid her service charge for the private estate she lives on after disputes over when the company RMG took over full responsibility and lack of work.

 

After the debt built up she offered to do a repayment plan which they rejected.

 

They then instructed PDC to recover the debt which they didn't.

 

Now the outstanding charges amount to £378.

 

They have now instructed PDC Law to take the matter to court.

Which they have, and

 

as a result they are asking for £378 in charges,

£390 in admin fees and late payment fees ( for which she as never even had a contract explaining any such like )

and £840 in costs including £192 for the debt recovery agency.

 

She as spoke to RMG and offered the full amount of £378 but they tell her she needs to speak with the debt recovery people as they are now handling the matter.

 

Where does she go from here ?

 

I think the charges are well inflated and if need be will try and defend them if it goes to court but she just wants a quick solution.

 

Any help or advice would be appreciated.

[AndyOrch]

Have you actually been served with a court claim woolsty ?

 

Regards

 

Andy

[woolsty]

Yes she has been served papers

[dx100uk]

you might find this thread very useful

particularly the last post

https://www.consumeractiongroup.co.uk/forum/showthread.php?409502-Charges-from-PDC-forming-majority-of-theservice-charges-debt

[AndyOrch]

Yes she has been served papers

 

If you could provide details of the claim...the date...the particulars of claim.

 

You have 33 days in total to deal with the claim if defending in full ...19 days to acknowledge service and state your plea (day 1 is the service date)...then a further 14 days to submit a defence.

You can do all this on line using the MCOL portal (details are included in the claim response pack).

 

Regards

 

Andy

[ericsbrother]

What does the LBA say as well?

alos check deeds to see whether supposed costs are recoverable because they may be if written into the deed or otherwise not rreciverable so the only monies then owed would be the original debt plus court fee

[woolsty]

What is the difference between the FREEHOLDER and holder of FREEHOLD INTEREST, in the papers it states the claimant is the FREEHOLDER and the defendant is the current holder of the FREEHOLD interest. The freehold as never been transferred to anyone, its owned by my daughter. thank you for everyones advice so far.

The only thing on the proprietorship register is the fact that the house cant be sold without clearance from RMG.

[AndyOrch]

What is the difference between the FREEHOLDER and holder of FREEHOLD INTEREST, in the papers it states the claimant is the FREEHOLDER and the defendant is the current holder of the FREEHOLD interest. The freehold as never been transferred to anyone, its owned by my daughter. thank you for everyones advice so far.

The only thing on the proprietorship register is the fact that the house cant be sold without clearance from RMG.

 

Thats why we need their particulars of claim...verbatim.

[dx100uk]

you don't need 10 posts

read upload

and attach them in ONE multipage PDF

[ericsbrother]

like leases, there are different levels of freehold and most houses have the title freehold absolute.

 

Even this is a misnomer as all of engand belongs to the crown otherwise no-one could compusorily purchase your property to build a new motorway for example.

In scotland it is a differnt system.

 

She is suffering from a modern scourge,

modern building developers retaining rigths after they sell a property.

Common on estates especially.

 

Her conveyancing solicitor should have pointed all of this out to her but again people seem blinded to the problems in their urge to get on the housing ladder.

 

There wil be somehting about estate maintenance costs otherwise they cant claim fees.

I doubt if the fees themselves are arguable, it is whether they may add costs to those fees.

Also they have to demand the payment in a prescribed manner or they are not due.

 

She needs to find the paperwork or get on to the conveyancer for it.

They cant charge her for what is hers if stored but they can charge her for copying as long as that cost is reasonable.

 

What is the difference between the FREEHOLDER and holder of FREEHOLD INTEREST, in the papers it states the claimant is the FREEHOLDER and the defendant is the current holder of the FREEHOLD interest. The freehold as never been transferred to anyone, its owned by my daughter. thank you for everyones advice so far.

The only thing on the proprietorship register is the fact that the house cant be sold without clearance from RMG.

[woolsty]

hopefully this is the claim

 

Now my daughter has never had any paperwork in respect of late payment fees, admin charges etc,

08112017, 2244 Office Lens.pdf

[AndyOrch]

Many thanks ...will mark this for the attention of our leasehold expert.

 

Andy

[ericsbrother]

well, they are bumping up the coss to nit nly profit from this but also tp get it past the threshold for getting ti sent to the high court for bailiff action if they dont get the money.

Now terms of mainteanace charges or covenant covering them

[woolsty]

In respect of the charges my daughter can't recall anything at all.

 

She's asked RMG for a copy of the contract and they are unable to produce one in relation to late fees, charges etc.

 

She's offered the fees in full and they've rejected them stating they want to go to court to settle the matter.

[ericsbrother]

have they rejected the offer in writing?

If so she can state that they have refused the lawful payment and therefore have failed to mitigate their losses.

This will severely damage their chances of getting a penny even if they have a viable claim.

 

Now,

back to the deeds and any covenants.

what do they say?

This will determine whether they can actually even attempt to recover any costs.

 

Also the POC you posted up refers to documents in their evidence they have supposedly served on her previously.

Post these up suitable redatcted so we can see if they are procedurally correct.

 

A couple of people on the forum are well versed in this kind of thing hopefully they will be able to say yes or no.

 

A document is deemed served if it is sent to the right address regardless of the denial of receipt

your daughter had better be certain of the lack of service rather than relying on ignoring things because of the dispute.