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Guys,
Hopefully someone can provide information that doesnt revolve around "why didnt you pay in the first place on time" because unless you have a time machine I cant change the past
Anyway, I missed the deadlines for paying RMA the service charge on my garage (leasehold garage, not connected to my house, not used as a residence) in 2010 and 11 and just missed the deadline in 2012! End result is the following PDC costs being added to my £150 service charge amount;
Year................2010......2011......2012
Reminder Fee..............................£15
Title Search.....£16.45.....£18........£20
Legal fee.........£35.........£180......£78
Admin Fee.......£35.25.....£42........£48
Total.............£86.70......£240......£161
I tried talking to the Lease people but they said that because this wasnt a residential house they couldnt help me. I asked over at moneysavingexpert and apart from getting snarky "bloody pay on time" messages one of the posters mentioned that lease hold law doesnt apply to non-residential leases and that the operative law was the supply of goods and services act? And because the lease laws dont apply then you cant use the excuse that RMA didnt include the summary of rights and obligations with their service charge demand (according to the lease people, without this summary you dont have to pay your service charges!).
I talked to PDC when I paid in 2010 I got a letter from them stating that no further action would be taken to recover the outstanding collection costs. Then in 2011 I got another letter after making payment, this time saying that as long as my account was in the green no further action would be taken. I had also agreed with the person on the phone that as long as I paid up that they wouldnt chase me for their fees. Now however, when I raise this with PDC they say that there is no record of this conversation AND that they would never agree to it to start with! So its my word against theirs! BUT, because they hadnt removed the charges from 2010, my account wasnt in the green and the costs have just been piled up on top of each other!
When I have asked PDC what exactly the legal fee is they just rattled off a list of items but didnt actually tell me what the fee is made up of. Ive also asked them for copies of all work carried out that I am being charged for but to date have not received anything from PDC. I think the fact that Im being charged £180 for work thats supposedly been carried out BUT havent had proof that anything has been carried out really gets on my chest! It just seems to be a set fee based on nothing in particular and seems like a bit of a dodgy practice!
When I looked at my account all of the charges are always added at the same time! So it just seems that the fees are in fact a set charge because surely IF some legal work was being done then it wouldnt all suddenly just happen at the same time as all the other charges are being added to my account? IF no no work has actually taken place then is this fraud?
The admin costs also seem out of proportion, charging up to £20 for a £3 title search and sending out form letters??? this doesnt seem to actually represent the true admin costs to me.
Also, my lease is between the land lord (Barrat Homes) the Service Agents (RMA) and myself. I cannot find any reference to PDC in my lease. There is also the following clause in my lease;
And then there is this
Otherwise there is no clause in my lease that allows third parties the right of enforcing any clause that I can see.
So where do I stand with these additional costs? To me, the collection cost seem quite unreasonable given the small amount of my service charges.
Im also not sure which law would apply in this case? Does leasehold law apply or the sale of goods and services?
Anyway, if you are still with me and havent lost the will to live...any advice would be greatly appreciated.
Regards
Mailman
Hopefully someone can provide information that doesnt revolve around "why didnt you pay in the first place on time" because unless you have a time machine I cant change the past
Anyway, I missed the deadlines for paying RMA the service charge on my garage (leasehold garage, not connected to my house, not used as a residence) in 2010 and 11 and just missed the deadline in 2012! End result is the following PDC costs being added to my £150 service charge amount;
Year................2010......2011......2012
Reminder Fee..............................£15
Title Search.....£16.45.....£18........£20
Legal fee.........£35.........£180......£78
Admin Fee.......£35.25.....£42........£48
Total.............£86.70......£240......£161
I tried talking to the Lease people but they said that because this wasnt a residential house they couldnt help me. I asked over at moneysavingexpert and apart from getting snarky "bloody pay on time" messages one of the posters mentioned that lease hold law doesnt apply to non-residential leases and that the operative law was the supply of goods and services act? And because the lease laws dont apply then you cant use the excuse that RMA didnt include the summary of rights and obligations with their service charge demand (according to the lease people, without this summary you dont have to pay your service charges!).
I talked to PDC when I paid in 2010 I got a letter from them stating that no further action would be taken to recover the outstanding collection costs. Then in 2011 I got another letter after making payment, this time saying that as long as my account was in the green no further action would be taken. I had also agreed with the person on the phone that as long as I paid up that they wouldnt chase me for their fees. Now however, when I raise this with PDC they say that there is no record of this conversation AND that they would never agree to it to start with! So its my word against theirs! BUT, because they hadnt removed the charges from 2010, my account wasnt in the green and the costs have just been piled up on top of each other!
When I have asked PDC what exactly the legal fee is they just rattled off a list of items but didnt actually tell me what the fee is made up of. Ive also asked them for copies of all work carried out that I am being charged for but to date have not received anything from PDC. I think the fact that Im being charged £180 for work thats supposedly been carried out BUT havent had proof that anything has been carried out really gets on my chest! It just seems to be a set fee based on nothing in particular and seems like a bit of a dodgy practice!
When I looked at my account all of the charges are always added at the same time! So it just seems that the fees are in fact a set charge because surely IF some legal work was being done then it wouldnt all suddenly just happen at the same time as all the other charges are being added to my account? IF no no work has actually taken place then is this fraud?
The admin costs also seem out of proportion, charging up to £20 for a £3 title search and sending out form letters??? this doesnt seem to actually represent the true admin costs to me.
Also, my lease is between the land lord (Barrat Homes) the Service Agents (RMA) and myself. I cannot find any reference to PDC in my lease. There is also the following clause in my lease;
9. THIRD PARTY RIGHTS EXCLUSION
9.1 Unless the right of enforcement is expressly provided it is not intended that a third party should have the right to enforce a provision of this lease pursuant to the Contracts (Tights of Third Parties) Act 1999.
9.1 Unless the right of enforcement is expressly provided it is not intended that a third party should have the right to enforce a provision of this lease pursuant to the Contracts (Tights of Third Parties) Act 1999.
The Sixth Schedule
The Development Service Costs
The Service Costs of the Management Company
The Service Costs of any accounting period are all the expenditure liabilities and overheads (include VAT) paid or incurred by or on behalf of the Management Company during or in respect of that Accounting Period of and incidental to:
8. Cost of employing or engaging solicitors counsel and other professional persons in connection with the management of the Block the administration and collection of the Service Charge payable by the Tenant and by the other tennants of Properties in the Estate in the Building.
The Development Service Costs
The Service Costs of the Management Company
The Service Costs of any accounting period are all the expenditure liabilities and overheads (include VAT) paid or incurred by or on behalf of the Management Company during or in respect of that Accounting Period of and incidental to:
8. Cost of employing or engaging solicitors counsel and other professional persons in connection with the management of the Block the administration and collection of the Service Charge payable by the Tenant and by the other tennants of Properties in the Estate in the Building.
So where do I stand with these additional costs? To me, the collection cost seem quite unreasonable given the small amount of my service charges.
Im also not sure which law would apply in this case? Does leasehold law apply or the sale of goods and services?
Anyway, if you are still with me and havent lost the will to live...any advice would be greatly appreciated.
Regards
Mailman
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