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Please advise on service charge debt collection

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  • Please advise on service charge debt collection

    Hello everyone,

    I'm looking for advice on a property service charge-related matter.

    Last year, I bought a flat managed by a company called HML. I don't live there as I had a lot of work done on it gradually and it was only finished this summer, I still haven't moved in yet. For reasons unknown to me, it took HML well over a year to send me the first service charge bill, and that was only after I'd asked them at least three times to start billing me. The bill they eventually sent me in September this year covers the second half of 2023 and the whole of 2024, it comes to roughly £2.6k.

    Sod's law - they sent me the bill while I was abroad for a month. I got back, checked my post and saw the letter one day before the payment deadline. I went into my bank account and could have sworn I paid it that day (only it now turns out I didn't).

    After I thought I'd paid, I didn't give it another thought until a few weeks later - last Friday - when I went back to the flat to pick up post and found first and final reminders to pay with a warning that they'd contact debt collectors if I didn't pay by last Monday. I was convinced I'd paid and was preparing to email them to query it, but found to my horror that there was no sign of the transfer on my bank statement. I must have misremembered what I'd done. I paid HML that same evening (Fri 8 Nov) and emailed them evidence of the bank transfer as their office had closed for the day.

    This morning, I phoned HML to say I'd paid and they said I'd have to contact the debt collector (Property Debt Collection, PDC) as they've already instructed them. I phoned PDC and they said that now that I've paid HML, there are outstanding fees of "only" about £1,000. I was expecting some sort of charge, but a grand?! As of Friday when I picked up my post and paid the service charge to HML, I hadn't even received anything in the post from PDC.

    Does this not seem a bit extortionate? I don't have a breakdown of where they got this £1k figure from - maybe some of it will go to HML, I'm waiting to find out - but since I paid HML before even hearing anything from PDC, it does seem a bit much. Numerous Google Reviews of PDC allege unlawful behaviour and outrageous charges, which makes me wonder whether the charge is excessive. I gather that PDC is FCA-regulated but don't know the rules/laws on what they can reasonably charge.
    Last edited by gdyulfai; 11th November 2024, 19:47:PM.
    Tags: None

  • #2
    Tell them to get knotted. Ask them to explain on what authority they feel entitled to demand any charge, never mind such an exorbitant one.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      Tell them to get knotted. Ask them to explain on what authority they feel entitled to demand any charge, never mind such an exorbitant one.
      Thanks for your reply. People who have reviewed PDC say that the firm adds hefty extra charges when you query anything, so I'm worried that could make matters worse. Are they not entitled to charge anything, then? I add that I have no legal background whatsoever, I just stumbled across this site. In fairness to HML, they did say in their final reminder of 28 Oct that they would pass the case on to debt collectors (whom they didn't name) if I didn't pay in 7 days, so I think PDC will say that's their authority, but my issue is that I didn't hear anything from PDC before I paid HML and didn't even have their name until this morning when I phoned HML on my own initiative. PDC might well have put a letter in the post to me before Friday for all I know, but it didn't arrive by then. I don't know if that changes anything.

      Edited to include update: I've just re-read the final demand from HML. It says "your account will be referred to a Debt Collection Agency, which will incur an Instruction Fee of £350.00 + VAT and additional Debt Collection Agency Fees will also be incurred". So I think HML is taking £420, which I have yet to pay them (I think I'll transfer that to them tonight), and the remaining £600 or so will go to PDC - not a grand after all, but still a lot considering I hadn't even heard from them.
      Last edited by gdyulfai; 11th November 2024, 20:32:PM.

      Comment


      • #4
        Update: having read around the subject in other forums, including a thread about the same DCA, I understand the debt collector would be legally entitled to demand a "leasehold administration charge", but some sneaky DCAs invite people in my situation to pay other amounts such as "debt collection fees" which are not legally enforceable. Is my understanding correct? In which case, I'll have to wait and see what PDC says in its letter when it arrives. I'm not sure if I did the right thing in paying the service charge directly to the management company last Friday (they told me today that they'd instructed PDC early last week), but there was no one else I could pay on Friday as I hadn't received PDC's details and didn't know for certain whether the matter had gone to a DCA. I just panicked and wanted to sort it out ASAP. I hope I won't be punished with extra letters/charges for my haste in paying!

        Comment


        • #5
          As my previous post implies, I can see no legal basis on which those charges can be demanded.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Originally posted by atticus View Post
            As my previous post implies, I can see no legal basis on which those charges can be demanded.
            I don't know if the lease contains a clause allowing the management company to charge me anything extra for failure to pay the service charge on time as I don't think I ever received a copy from my solicitor, but I've just emailed them to request it. If they don't have it, I'll ask the Land Registry. I would be surprised if the management company has no recourse for late payment, but then I'm not a lawyer.

            As for the DCA, does it really have no legal power to charge me anything? I've never been in this situation before so have no idea, but if they send me a letter setting a deadline for payment and making threats, then as a layman with no experience of this situation, I'm going to find that scary - which I suppose is the whole point.
            Last edited by gdyulfai; 12th November 2024, 14:13:PM.

            Comment


            • #7
              You are of course bound by the terms of your lease.

              Have you asked the question I advised in post #2?
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment

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