Property debt doubled

[Jasondt]

Hi

i am in the process of selling my apartment. I have had a tenant in there for 3 years. However I understood the service charge was being paid through an agency handling the rent. It wasn’t and i was naive for not checking.

In a nutshell. I owed £4,200 in unpaid service charge. I need the sales pack to sell the property. I contacted the management company as my solicitor told me there was debt outstanding. This has been passed on to a debit collection agency, they have taken it to court and the outstanding bill is now a staggering £8,888. I have never received a letter, notification or otherwise of these proceedings or been made aware of the debt.

Are these fees legal, can I do anything now, they’ve more than doubled the outstanding amount?

I need help and advice asap as I’m in the process of a sale. I do not have the funds to clear them atm.

thanks
Jason

[echat11]

Hi Jasondt

Welcome to LB

Although it might take sometime, you should send the management company a Subject Access Request they have 30 days to provide all the information they hold on you, etc.

https://legalbeagles.info/library/gu...ccess-request/

You need a breakdown of the £8,888 from the debt collection agency.

What's happened in the Court case?

[Jasondt]

Thanks Echat11.

Yes I’ll send the request. I need to try find the money to pay the outstanding amount first and foremost as it’s a catch 22 situation. I have to pay the money to continue my sale.

I do need a breakdown of the escalated costs. Would that be provided by the debt collection agency or the management company. Can they purse a claim in court without notification?

Jason

[echat11]

Thanks Echat11.

Yes I’ll send the request. I need to try find the money to pay the outstanding amount first and foremost as it’s a catch 22 situation. I have to pay the money to continue my sale.

I do need a breakdown of the escalated costs. Would that be provided by the debt collection agency or the management company. Can they purse a claim in court without notification?

Jason

a) Would that be provided by the debt collection agency or the management company.

You can send the SAR to the DCA, if they need to they'll contact the management company to breakdown / information.

b) Can they purse a claim in court without notification?

To take you to Court, they need to follow CPR Rules, there are pre-action protocols to be followed i.e. letter before action etc. They need to tell you what you have to do to rectify the breach.

https://www.justice.gov.uk/courts/pr...civil/protocol

Have you actually received a Court claim? If so fill in the following:

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[Jasondt]

Thanks again.

No I have received zero communication from the debt collection agency nor have I had any court correspondence.

I am only aware of the matter having been told by my solicitor there was an outstanding debt on my service charge.

[echat11]

Thanks again.

No I have received zero communication from the debt collection agency nor have I had any court correspondence.

I am only aware of the matter having been told by my solicitor there was an outstanding debt on my service charge.

What you need to do is write to the management company and the debt collector, that you are disputing the amount claimed, give them reasons for the dispute e.g.that you've never been made aware of the service charges outstanding (never received correspondence), if you had been then you would have paid the service charge. You require a breakdown of what they are claiming.