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Hello.
I have recently purchased a leasehold flat and I'm in a stressful dispute with my Freeholder.
I have received a complaint letter from Freeholder (it was addressed to my purchase solicitor as well) that charge fee for the change of ownership of the flat was not paid and that I'm currently in breach of the lease (Notice of Assignment/Charge). I was given 10 days to pay or they will instruct their solicitors to take legal action against me and ultimately terminate the lease (eviction?)
I contacted my solicitor immediately and demanded an explanation. He stated he will send the payment immediately (thus admitting he didn't do it by the completion date)
However, Freeholder on the phone talk (they don't have email) still claims they didn't receive anything. The solicitor sent them confirmation via Fax but they once again stated they didn't get anything. Then I sent them receipt on post with tracking and signature required. The tracking shows the package was taken and signed (the address is on PO Box though) but then after another phone talk they once again claimed there was no payment, no fax or any sort of package from me. My Solicitor contacted them and told me that they didn't update their accounts yet and once they will contact him and he will contact me.
Another few days passed and I wasn't contacted by either my solicitor or the freeholder.
And this struggle went for over a week and 10 days since letter passed.
My concerns:
- Freeholder doesn't have email and they use PO Box address where they claim the letter didn't reach them. Any discussions regarding the issue were discussed over the phone. They could claim I never contacted them in the first place and ignored the problem?
- If it comes to legal action will I have to accuse my solicitor for not fulfilling financial obligations by the completion date? Freeholder aside, my solicitor admitted that payment was not sent before the complaint letter which was sent week after completion.
In the end I wish to avoid legal dispute. The purchase of the flat bleed my finances dry. But it looks like this issue is stuck in place. The solicitor claims they sent the payment, Freeholder claims they didn't receive anything.
I have recently purchased a leasehold flat and I'm in a stressful dispute with my Freeholder.
I have received a complaint letter from Freeholder (it was addressed to my purchase solicitor as well) that charge fee for the change of ownership of the flat was not paid and that I'm currently in breach of the lease (Notice of Assignment/Charge). I was given 10 days to pay or they will instruct their solicitors to take legal action against me and ultimately terminate the lease (eviction?)
I contacted my solicitor immediately and demanded an explanation. He stated he will send the payment immediately (thus admitting he didn't do it by the completion date)
However, Freeholder on the phone talk (they don't have email) still claims they didn't receive anything. The solicitor sent them confirmation via Fax but they once again stated they didn't get anything. Then I sent them receipt on post with tracking and signature required. The tracking shows the package was taken and signed (the address is on PO Box though) but then after another phone talk they once again claimed there was no payment, no fax or any sort of package from me. My Solicitor contacted them and told me that they didn't update their accounts yet and once they will contact him and he will contact me.
Another few days passed and I wasn't contacted by either my solicitor or the freeholder.
And this struggle went for over a week and 10 days since letter passed.
My concerns:
- Freeholder doesn't have email and they use PO Box address where they claim the letter didn't reach them. Any discussions regarding the issue were discussed over the phone. They could claim I never contacted them in the first place and ignored the problem?
- If it comes to legal action will I have to accuse my solicitor for not fulfilling financial obligations by the completion date? Freeholder aside, my solicitor admitted that payment was not sent before the complaint letter which was sent week after completion.
In the end I wish to avoid legal dispute. The purchase of the flat bleed my finances dry. But it looks like this issue is stuck in place. The solicitor claims they sent the payment, Freeholder claims they didn't receive anything.