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Hi
I've got a property management company and I've been behind on paying my service charge. I've had a couple of letters the last of which said I had to pay a £75 admin charge plus 10 days notice to pay the balance. I immediately paid the full amount owed but not the admin charge. A month earlier they sent me a reminder with this but they obviously didn't take any action as I've just received the latest reminder.
"If payment or notification of payment being sent is not received within the next 10 days, our solicitors will be instructed to commence legal action against you for the recovery of the amount owed.
Further, a charge of £75.00 will be levied against your account in respect of our late payment administration charges (Commonhold and Leasehold Reform Act 2002 s. 158, Sch. 11) for the letters sent to you about your arrears. These costs are in addition to the solicitors’ costs, late payment interest and disbursements that will also be payable by you as soon as our solicitors are instructed."
I've set up a standing order to avoid this happening again but have been told I owe the £75 fee still but they didn't pass it on to their solicitors. Can they be selective in this charge? It's like they wanted the profit of the £75 but not the hassle of going to solicitors as they knew I'd pay up.
I challenged the fee and they quoted this at me
"Failure to remit prompt payment can result in the matter being passed to the company’s solicitors for legal recovery under the terms of your lease. You will incur additional fees at this time for administration, interest and legal fees "
Again I feel like I've paid before this has been referred to solicitors so no fee should be charged.
They are now threatening to bill me for their time for me questioning paying this admin fee.
"Our clock is now on for all further time spent in the matter and you should fully adhere to the lease rules which you have been in breach of"
I questioned how much they would charge me for their time being a little tongue in cheek, they didn't answer but said this
"We will now time our involvement in this matter and may bill (my property's management account) for the same which may result in charges being applied to you under the lease due to the breach of lease. We can apply retrospective charges and possibly interest on the debt.
Please do not communicate regarding this matter with us now. Either apply to the ombudsman or the First Tier Property Tribunal. Our letter are clear and you have been clear – it was your oversight!"
It's only £75 fee so I could just pay it but it's really bugging me for some reason. I think it was the tone of the first person I spoke to there when I questioned the fee! Can they seriously threaten to apply retrospective charges because I challenged paying a fee? I'd ask them what charges but they would be charging me for their response
Any advice appreciated
Thanks
I've got a property management company and I've been behind on paying my service charge. I've had a couple of letters the last of which said I had to pay a £75 admin charge plus 10 days notice to pay the balance. I immediately paid the full amount owed but not the admin charge. A month earlier they sent me a reminder with this but they obviously didn't take any action as I've just received the latest reminder.
"If payment or notification of payment being sent is not received within the next 10 days, our solicitors will be instructed to commence legal action against you for the recovery of the amount owed.
Further, a charge of £75.00 will be levied against your account in respect of our late payment administration charges (Commonhold and Leasehold Reform Act 2002 s. 158, Sch. 11) for the letters sent to you about your arrears. These costs are in addition to the solicitors’ costs, late payment interest and disbursements that will also be payable by you as soon as our solicitors are instructed."
I've set up a standing order to avoid this happening again but have been told I owe the £75 fee still but they didn't pass it on to their solicitors. Can they be selective in this charge? It's like they wanted the profit of the £75 but not the hassle of going to solicitors as they knew I'd pay up.
I challenged the fee and they quoted this at me
"Failure to remit prompt payment can result in the matter being passed to the company’s solicitors for legal recovery under the terms of your lease. You will incur additional fees at this time for administration, interest and legal fees "
Again I feel like I've paid before this has been referred to solicitors so no fee should be charged.
They are now threatening to bill me for their time for me questioning paying this admin fee.
"Our clock is now on for all further time spent in the matter and you should fully adhere to the lease rules which you have been in breach of"
I questioned how much they would charge me for their time being a little tongue in cheek, they didn't answer but said this
"We will now time our involvement in this matter and may bill (my property's management account) for the same which may result in charges being applied to you under the lease due to the breach of lease. We can apply retrospective charges and possibly interest on the debt.
Please do not communicate regarding this matter with us now. Either apply to the ombudsman or the First Tier Property Tribunal. Our letter are clear and you have been clear – it was your oversight!"
It's only £75 fee so I could just pay it but it's really bugging me for some reason. I think it was the tone of the first person I spoke to there when I questioned the fee! Can they seriously threaten to apply retrospective charges because I challenged paying a fee? I'd ask them what charges but they would be charging me for their response
Any advice appreciated
Thanks
