Pinnacle property management/Bretherons sols- used all my payment against costs for failed court case - at it again!!

[mummy38]

I’m getting so stressed over this.

 

My property management company are absolute swines.

 

They lost 2 payments I made to them totalling £120.00 ( 2x £60.00 payments)

 

I have given them evidence of the payments from my bank and they got every other payment.

They have added circa 800 in interest and fees.

 

They took it to court last year .

I defended gave courts all the evidence and it was struck out.

The courts also offered us costs which we didn’t pursue.

 

They have now instructed a solicitor to try and pursue this money .

I have given the Solicitors a copy of the court order

now the solicitor has sent through a statement saying that this is separate debt and it’s gone up to nearly 1200.

 

What appears to have happened is the property management company have diverted my payments against the interest charges and court costs and they are now saying I haven’t paid for 4 years

 

I’m so stressed and don’t know what to do. I’m crying and so stressed over this

 

Can anyone help

[dx100uk]

they cannot divert your payments to any the court costs or legal fees when they lost the case.

they should have been removed from your bills.

 

so likewise they cant add interest to those legal/sols fees sum nor can they latterly add additional penalty fees that are as a result of them mis-directing your payment.

 

name and shame please

[mummy38]

Company are called Pinnacle and the Solicitors are called Bretherons. I’m so upset but I had a feeling they are just lying.

 

They are threatening legal action again and I presume I just fight it again or are they within their rights to go back to court

[dx100uk]

no they cant if all what they have used your payments for was a failed court case

their charges/fees or whatever in relation to the failed case should have been removed - the case was dismissed.

[king12345]

Unfortunately you need to follow the complaint procedure.

 

Start by writing a formal complaint to the MC and the solicitor firm and attach the court order highlighting that their costs belong to them, not to you.

 

They lost in court, so they pay for their own costs.

 

Whatever they reply or if they don't reply within 8 weeks, report the MC to the housing ombudsman and the solicitor to the SRA.

 

That should get their attention.

 

Most importantly stay off the phone and communicate only in writing.

 

If they call you don't answer or tell them to write to you and put the phone down.

[mummy38]

Thanks I will get on it straight away

[mummy38]

Heard back from ombudsman today, They won’t act as there was a court order issued already saying we don’t owe the money. They said I have to take legal action as they have refused to comply with a court order.

 

I’m at a loss as they are blocking my house sale unless I pay this money I don’t owe and I cannot afford a solicitor

[dx100uk]

how can they block the sale

under what law?

[mummy38]

They have to send a pack to the convencying solicitor and agreeing to the sale as per the terms of the leasehold element.

 

They are refusing to do that unless we pay

[ericsbrother]

you have been advised so take court action against the bandits.

 

they will then have to either stop being stupid or pay dearly and that can be as much as the value of your lost sale.

 

Dont forget to include the monies they have unlawfully retained as a starting point

Edited March 9, 2018 by dx100uk
spacing

[mummy38]

I am now, it’s lunacy. Unfortunately due to the amounts involved it’s going to cost more in the long run to take the court action however we should be able to recoup some of the costs back

[ericsbrother]

no, all of the costs back as they have behaved unreasonably so you get an order for that. Ask for a bankruptcy order as well against both of them if they dont pay up in 14 days

[mummy38]

Surprise surprise solicitor wrote to them yesterday and copied in letter via email to them.

 

Woke up to an email response to solicitor and me saying sales pack has issued to convencying solicitor.

 

No mention of the money though

Edited March 9, 2018 by dx100uk
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[ericsbrother]

then sue them after you have left and know what all the costs are