NatWest and managing agent charges.

[remmig]

My mortgage provider (NatWest) have paid a managing agent my service charges which were the subject to a long term dispute. The same day that NatWest paid the service charges they received a letter from my solicitor instructing them not to pay the managing agent due to the dispute. Two weeks after the payment, the leasehold tribunal ruled the charges as unjust, basically the £1200 disputed charges consisted of a health and safety report which was undertaken on the property next door and not much else.
NatWest have instructed me to pursue the managing agent though the small claims court and then return the funds to them. The offered no assistance in the recovering the funds paid out.
The managing agent has verbally agreed he should not have paid and that he was basically chancing his luck before my RTM company incepted, upon which they would have no chance of recovering the charges, apart pursuing me though the County Court.

Any thoughts on the situation would be much appreciated.

Thank you.

[PlanB]

Re: NatWest and managing agent charges.

All Decisions by the LVT are enforceable by the County Count just like any court order. You should have received a copy of the Decision in writing one month after it was made and that's enough to get the County Court to order a repayment to you and enforce that payment with bailiffs if necessary (unless the Managing Agent has appealed the Decision?).

Ring the Leasehold Advisory Service Helpline for information on how to do this: 0207 383 9800 or send an online query. Here's some information which may help:

http://www.lease-advice.org/publicat...asp?item=18#41

I think NatWest are being unhelpful but sadly they probably did have the right to pay this "debt" on your behalf in order to protect the bank's interests (your mortgage with them is secured on your property). There will be something in your loan's Tc & Cs which will set this out.

Check whether NatWest's payment to the agent has caused you to go overdrawn with associated costs or if it was added to your mortgage (more likely) it may have accrued interest and you should claim that too. It makes sense that once you recover the sum due to you from the managing agent you should use it to reimburse your mortgage account.

Of course the simplest way to deal with this is for the Managing Agent to make a voluntary repayment. So threaten him with court action once you've got the bottom line from the LAS.