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Contatcted out of blue by Drake Hall re peppercorn rent, any help?

JPS29
JPS29 Posts: 1,607 Forumite
edited 22 August 2009 at 1:50PM in House buying, renting & selling
Hi.

I have 2 BTL properties and have recently gutted one of them top to toe before new tenants moved in.

In all the junk left by the old tenants were letters addressed to me and my partner from a company called Drake Hall Ltd.

First one stated that they had taken over the leasehold agreement and following their investigations it appears that the house has been extended causing a possible breach to the leaseholder. They offer to remedy this by me sending £45 plus proof that the extension had permission granted/did not affect the lease
. It hasn't had any extension.

2nd letter, had a charge for late payment and informed all future ground rents should be payable to them

3rd letter was from another company collecting on their behalf (think it was something like landmarkcollections ltd)

The thing is that when we purchased this property 8 years ago it was subject to a peppercorn lease. The vendor informed us that due to this he had never paid any ground rent nor been asked for it. Our sol at the time made them pay for an indemnity guarantee fee to prevent people coming for ground rent in years to come from us.

This was 8 years ago. In that time we were unfortununate enough to have a house fire and the relevant docs were unsalvageable.

I can't remeber who the solicitor was as it was just the one "recommended" by the EA.

The EA has now gone bust, the mortgage broker we used was their inhouse one who also no longer trades so I am at a loss how to trace the solicitor/locate this indemnity.

Also I am extremely dubious with both of these "companies".

The letters are something that could be knocked up on MS word in 2 mins. No fancy letterhead, no logo, no watermarked paper, PO Box addresses, no contact numbers.

Has anyone had any dealings with these people or can offer any help re my situation.

Thanks in advance
«1

Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If it was a debt from 8 years ago, it is unenforceable.
    As you have had no correspondence to them acknowledgeing the debt for 6 years it is now statute barred and does not have to be paid.
    Sorry i cant help with any other problems. But I'm sure someone will be along soon who can.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • chickmug
    chickmug Posts: 3,279 Forumite
    A retired senior partner, in own agency, with 40 years experience in property sales & new build. In latter part of career specialising in commercial - mostly business sales.
  • JPS29
    JPS29 Posts: 1,607 Forumite
    McKneff wrote: »
    If it was a debt from 8 years ago, it is unenforceable.
    As you have had no correspondence to them acknowledgeing the debt for 6 years it is now statute barred and does not have to be paid.
    Sorry i cant help with any other problems. But I'm sure someone will be along soon who can.



    Im not bothered about them chasing for any amount. As I have an indemnity guarantee i am covered anyway (when I can eventually trace it)

    Just very dubious about them contacting me out of the blue and on dodgy "knocked up in 2 mins" letters, 2nd class stamps etc
  • JPS29
    JPS29 Posts: 1,607 Forumite
    chickmug wrote: »

    Yes, I had that too, just wanted to see if anyone here had had similar dealings.

    Still at a bit of a loss
  • chickmug
    chickmug Posts: 3,279 Forumite
    Yes, I had that too, just wanted to see if anyone here had had similar dealings.

    Still at a bit of a loss

    I just tried yell.com for the adress and nothing. Good luck with your detective work a these things are so bloody annoying but I have nothing else to suggest - unlike me:confused:
    A retired senior partner, in own agency, with 40 years experience in property sales & new build. In latter part of career specialising in commercial - mostly business sales.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    ""had a charge for late payment and informed all future ground rents should be payable to them""

    ask them in writing for the previous ground-rent-holders authority for them to collect ground rent.

    in order to really understand your legal obligations you need a copy of the original lease - might Landregistry have a copy ?EVEN if ground rent is due, AND has not been demanded, they cannot ask for more than 6 years of rent in total - which is why you need to see the original lease.

    would your original mortgage lender be able to see who the solicitor was ?
  • JPS29
    JPS29 Posts: 1,607 Forumite
    Thanks Clutton,

    Some very good info there. I cant actually remember who the original mortgage was with, however I might be able to get it off some old bank statements that werent in the fire, they are in storage so will check on this.

    I have had that many mortgages/remortgages I lost count.

    Good point is that 8 years down the line I now keep and file EVERYTHING!!
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    ""think it was something like landmarkcollections ltd)" - can you quote this exactly - i may know who this is .... maybe send me their address by private message
  • JPS29
    JPS29 Posts: 1,607 Forumite
    You have a PM clutton :D
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    Thanks for PM - i have been away. This company is one arm of a fairly well established property company i know. They will know that they cannot force you to pay more than is in the original lease - if you cannot find your lease, ask them for a copy.
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