Is this my fault? Debt agency/ground rent

[dazedandbaffled]

Hello,

 

I'm brand new here and am hoping someone might be able to give me some advice. Sorry in advance that this is so long!

 

a couple of years ago Property Management Company Ltd sent Debt Agency 1 after us (both saying they acted 'on instruction of Leaseholder Ltd' - separate company) for late payment of our service fee on our flat (200 miles away, tenanted since purchase).

 

We hadn't owned the house long and, in spite of us chatting to Property Management Company Ltd all the time various things to do with our tenants and them having multiple records of our real correspondence address, they sent the bill to our tenants, so we didn't realise we were late with it.

 

We wrote to them and politely pointed out they had multiple records of our real postal address.

They admitted it was their mistake, we paid, charge was removed, they said they would update records and email service charge in future, all fine.

 

Last week Leaseholder Ltd sent Debt Company 2 after me about 2 x unpaid ground rent plus collection fee, they had also been sending bills to the tenants address.

I had received one bill from Leaseholder Ltd for GR since purchase, sent to correct address, but that was ages ago.

I paid it straight away at the time, but I guess it never really crossed my mind how long it'd been since I'd received one.

 

Explained to Debt Company 2 that had received one bill ages ago, that suggests they did in fact have my address?

They claim they didn't, and tenant or lettings agent must have opened letter and forwarded.

 

Also explained to Debt Company 2 about previous mistake with Property Management Company Ltd and Debt Agency 1, and explained both said they were acting on Leaseholder Ltd's behalf - so surely one of them told Leaseholder Ltd, once it was all resolved, that the issue had been down the the address mix up?

No, says Debt Company 2, Leaseholder Ltd has never heard of your London address, nor did they instruct Debt Agency 1 to act on their behalf, and it's 'very illegal' that they claimed they were acting for them. So no idea what's going on there.

 

Leaseholder Ltd say it's not their fault no one gave them the right address.

I say it's not my fault that Debt Agency 1 and Property Management Company Ltd both gave strong (and apparently illegal) impression that they were speaking on Leaseholder Ltd's behalf - leading to my assuming there were across the details of the dispute and therefore were made aware of the mistake/resolution.

 

I know I'm not totally blameless; I should have realised it was weird getting one bill and then none after but we get so many bills I just pay them as they arrive and move on.

 

Am I wasting my time, would you all just pay it, charge and all?

Seems really unfair given I was under impression I was talking to intermediaries when I wasn't.

 

Thank you in advance.

[dx100uk]

debt collection agencies will always lie to make money.

 

pay the debt owner what you owe

if they want to charge unlawful debt collection fees , that's their problem.

 

let them issue a court claim, see how far they get!!

 

there are a few threads here regarding IF/ if not collection charges are actually allowed, I think it pays to go read your lease documents carefully to make sure 

 

read these too:

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=ground rent DCA charges&oq=ground rent DCA charges&gs_l=partner-generic.3...131396.138941.0.139161.23.23.0.0.0.0.143.1829.20j3.23.0.gsnos%2Cn%3D13...0.7573j4071087j24...1.34.partner-generic..23.0.0.PHbq0LZxjQQ

 

 

 

[stu007]

Hi

 

Further to dx100uk post above

 

I would also suggest sending the Property Management Company a Subject Access Request (SAR) asking them for 'ALL DATA' this covers whatever format they hold that data in whether it be written, emails, telephone calls, digital etc, they then have 30 Calendar days to respond on acknowledging receipt of your SAR Request and no issue with them verifying your identity.

 

Under the Data Protection Act 2018 which includes the General Data Protection Regulations 2018 (GDPR) a Subject Access Request (SAR) is now free.