📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Outstanding Maintenance Fees - Help!!!!

Outstanding Maintenance Fees - Help!!!! Having suffered the loss of two jobs las year and a period of unemployment - of which i didnt even receive help with the council tax and have got that hanging over my head - I was unable to pay my maintenance fees.
Then at the beginning of December 2005, my partner had a serious car accident and is unable to work.

I contacted the property management company and advised them of the situation and they accepted an agreement to pay a certain amount each month and then review it in a couple of month's time.

To my horror - today i receive a phone call from the property management company advising me that the directors of the flats that I live in, will not accept this offer of payment. They haven't confirmed what they will accept but are threatning court action.

The management company have now requested that I place all of the above in writing so that this information can be provided to the directors of the estate. Of which i have done and included payment.

Does anyone have any advice for me? I tried to prevent this kind of stress by keeping in contact with the management company and keeping in control. It's a stressful time as it is and I'm am getting a little bit scared now.

If we go to court, my partner will lose his job as a result of it - how do we pay the fees then?

Any advice please!

Comments

  • skintchick
    skintchick Posts: 15,114 Forumite
    Debt-free and Proud!
    Are you working now? What is your household income and what are your outgoings?

    How much do you owe?

    Give us this info and we can advise. And don;t worry - it can be sorted out.
    :cool: DFW Nerd Club member 023...DFD 9.2.2007 :cool:
    :heartpuls married 21 6 08 :A Angel babies' birth dates 3.10.08 * 4.3.11 * 11.11.11 * 17.3.12 * 2.7.12 :heart2: My live baby's birth date 22 7 09 :heart2: I'm due another baby at the end of July 2014! :j
  • May
    May Posts: 170 Forumite
    we owe about 2,500.

    I am working now and contacted other creditors who in turn have been really good which is why i thought this had been sorted and in control.
    So i'm paying the minimum on everything at the moment. We are waiting for industrial benefit claim to go through as my partner's accident was at work but we've been advised by the DSS that it could take a while to sort out and then i don't think we'll entitle to anything. We wasn't when i was claiming JSA so i can't see why we'd get additional benefits now either.
  • jen_jen_2
    jen_jen_2 Posts: 1,032 Forumite
    why would your partner lose his job if it went to court?

    if it goes to court the company say you owe £2500, you agree but say you cant pay it now and ask the court to resolve the issue by agreeing a payment rate that you can afford, you provide the income and expenditure and teh court set a figure useually at what you can afford.

    i would send a further letter to the directors explaining all of the circs and add that you understand the debt has to be paid but as they can see from the income and expenditure you can only afford X, ask them to accept this for 6 months and then offer to reveiw the situation then, make it clear you understand that they can go to court but see no advantage to them at this time because the court will agree with your offer (as long as no "frivolous" expenditure in statement) i would also add, if they accept this small offer if you find you can increase it before the 6 months you will.
    Ready to Go Go!
  • May
    May Posts: 170 Forumite
    Thanks for this.
    My partner will lose his job because he's not allowed to have any court judgements against his name and they frown upon those heavily in debt.

    I have sent a letter with receipts of payments already made and explained the situation to them. The problem is, is not the management company causing problems, it's the Directors who are owners of flats who have bought their leases and in effect are now my landlord.
    When i spoke with the property management company yesterday, they were quite happy with the offer of payment but advised that it was the Directors that weren't happy with it.
  • ceegee
    ceegee Posts: 856 Forumite
    So really, the Directors are private individuals? If these Directors live in the flats, would you be able to speak to them directly and individually to explain your circumstances? Sounds to me like they themselves may never have hit hard times. Do you think this may be worth a try?
    :snow_grin"Let it snow, let it snow, let it snow........":snow_grin
  • bank_of_slate
    bank_of_slate Posts: 12,922 Forumite
    10,000 Posts Combo Breaker
    Hi May,
    Do you have any insurance that cover the payments if one of you is ill/ off work and cannot make the payments?

    All the best hunny! keep at em. You can't help the situation that you're in, stay in control and don't take any crap.

    Everyone here will support and advise you.
    ...Linda xx
    It's easy to give in to that negative voice that chants "cant do it" BUT we lift each other up.
    We dont count all the runners ahead of us & feel intimidated.
    Instead we look back proudly at our journey, our personal struggle & determination & remember that there are those that never even attempt to reach the starting line.
  • black-saturn
    black-saturn Posts: 13,937 Forumite
    10,000 Posts Combo Breaker
    Maybe its time to sell up? You need the cash and you cant cope at the moment with maintaining them.
    2008 Comping Challenge
    Won so far - £3010 Needed - £230
    Debt free since Oct 2004
  • jen_jen_2
    jen_jen_2 Posts: 1,032 Forumite
    is it possible to clear the debt by borrowing the money from your lender and adding to the mortgage. this is not useually advisable because it costs more in the long run and is securing the debt, however given your partner will lose his job (who does he work for though, i thought even the army wern't that bad anymore) it may be the quickest and easiest solution. how much would adding that amount to your mortgage cost each month i expect less than the offer you are making and you can look at overpaying your mortgage when times are better to balance the extra interest you may be charged.

    also do you have good credit can you get 0% card or is there a family member who would be able to get one in their name and you pay them or they lend you money and you make the payment to them or could they wait for accident pay out. not nice to have to ask but your situation if job is affected is pretty dire.
    Ready to Go Go!
  • lapat
    lapat Posts: 816 Forumite
    so to be blunt but you got to work to live and your partners company would be discriminating against him heaviley if he was sacked due to debt from unforseen circumstances i.e the injury.plus ow would they know if they carry out any sort of checks against him he has to be told by law.thats why in job applications they state they may carry out checks with authorities when you apply.(data protection applies)
    an example is a company id do work for emposed random drink and drug searcheson there employees.they sacked three lads within a month for smoking the dope.
    they have since found out that they had to give three months notice in writing before they could carry out such tests.the three lads didnt get there jobs back but i know for a fact that they have had a good lump sump paid to them not to go to tribunal
    need to have a lightbulb moment
  • The freeholder (Directors) do not have to make an arrangement with you for reduced payment. Your mortgage lender is obliged to make the paymnet on your behalf and add it to the mortgage if the Freeholder insists on it. They will quite possibly write direct to your lender who will in turn write to you and ask if you dispute the charge. If you don't then thay will pay or risk having their title challenged by the freeholder in which case they have lost their security - so better for them if they add it to your outstanding balance with them than lose everything.

    By the way this is very legal, above board and surprisingly common.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.4K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.