payment demand within 14 days

Johnn64

I posted this earlier today in another thread, but not sure if it was the right place ... and as I have had no responses, I thought I would try here,

Hi,

I am new here and this is my first post. Apologies if I have posted in the wrong section, I wasnt sure where to go with this.
I own my own home which is a new build. There is a management company who allegedly carry out landscape maintainable, but that is not the current problem. I have been paying the management fee every six months when I get the bill. Last November I received a letter saying that the accounts had not been finalised and the bills for the next instalment would be sent out later than usual. I had not heard anything from the management company (HLM) until last week when I received a letter from their solicitor demanding a missing payment of £64 plus admin and legal costs of £372.
I contacted the solicitor to say I had not received a bill from HLM for the payment and agreed to make the payment of £64 which I did. I also requested that my account be placed in dispute until the issue of additional monies was resolved.
Today I have received a further letter from the solicitor acknowledging the £64 payment, but also demanding the payment of £372 within 14 days with no reference to my dispute.
If anyone can help in this matter I would be truly grateful as I do not have £372 which I can simply pay out.

John

DVardysShadow

Just send them a letter outlining that the last contact was a letter in November, stating that bills would be sent out later than usual - and that the solicitor's letter of <date> was the first letter where the £64 was demanded whereupon the money requested was paid promptly. And that therefore they should take up the matter of legal and administration fees with their client.

Keep copies of everything. Don't be afraid to let these morons take it to court

paddyrg

If you have copies of paperwork, then I think DVS above has it about right. They told you the bills would not be sent on time, you waited for a bill, they finally sent one wrapped in a solicitor, you paid the bill.

The fact they sent the bills late, and told you they would be doing so strengthens your case massively - you made an attempt to pay your dues, but they hadn't got their paperwork together and told to to go away and await further instructions, which you did.

EVEN IF they did send a bill a bit late and it just never arrived, it is not like they don't know how/where to get hold of you to re-present the bill or chase it up - they are YOUR management company, they are effectivelely YOUR client! Anyway, put your case clearly by return letter, keep a copy, let them threaten court, send the same letters and case to the court if they do, and it is very unlikely the judge will decide for them if they have lept into expensive solicitors and court action without making any effort to allow fair payment, especially with the "we will be in touch with the bills when we get around to it" letter.

As an aside, have you and the other tenents considered self-management? You may save some monegy and suffer less ineptitude.

sarahg1969

Even if they took it to court, for a debt of £64 (now paid) they wouldn't get costs of anything like what they're asking.

Johnn64

DVardysShadow wrote: »

Just send them a letter outlining that the last contact was a letter in November, stating that bills would be sent out later than usual - and that the solicitor's letter of <date> was the first letter where the £64 was demanded whereupon the money requested was paid promptly. And that therefore they should take up the matter of legal and administration fees with their client.

Keep copies of everything. Don't be afraid to let these morons take it to court

Thanks for that. I thought that after I had explained everything to the solicitor on receipt of the first letter, and made payment, i would not hear anymore. so the second and very brief two lined letter demanding the additional costs within 14 days was a bit of a shock.

Johnn64

paddyrg wrote: »

If you have copies of paperwork, then I think DVS above has it about right. They told you the bills would not be sent on time, you waited for a bill, they finally sent one wrapped in a solicitor, you paid the bill.

The fact they sent the bills late, and told you they would be doing so strengthens your case massively - you made an attempt to pay your dues, but they hadn't got their paperwork together and told to to go away and await further instructions, which you did.

EVEN IF they did send a bill a bit late and it just never arrived, it is not like they don't know how/where to get hold of you to re-present the bill or chase it up - they are YOUR management company, they are effectivelely YOUR client! Anyway, put your case clearly by return letter, keep a copy, let them threaten court, send the same letters and case to the court if they do, and it is very unlikely the judge will decide for them if they have lept into expensive solicitors and court action without making any effort to allow fair payment, especially with the "we will be in touch with the bills when we get around to it" letter.

As an aside, have you and the other tenents considered self-management? You may save some monegy and suffer less ineptitude.

Thank you ! I have all the paperwork stored safely ... just in case this explodes. I called the solicitor yesterday to try and resolve the issue, and they say the bottom line is that the additional costs have to be paid. They have not said what will happen if I have not paid after the 14 day expiry and there is not threat of action on the letter, it just says the costs have to be paid within 14 days.
The solicitor does not accept that I have not received the bill from the management company and yesterday told me that I should have contacted HLM if I was worried about missing an installment. I tried to explain that I wasnt worried as I had received the letter stating the bills would be sent out late. he was very obnoxious and wasnt for giving, so I ended the call before losing my temper and causing further problems !

The problem with self management is not straight forward. About half of us are home owners and the the other half are tennants. There is a split and predominanty the home owners would self manage, but the tennant want to stay as they are. This is probably dwon to the tennants maintainance fees being paid for (via their rent) by the landlord (or social if they are entitled)

Johnn64

sarahg1969 wrote: »

Even if they took it to court, for a debt of £64 (now paid) they wouldn't get costs of anything like what they're asking.

Is it possible they would push and take this to court if I refuse to pay the additional costs they are demanding ? and if they do, what would the outcome be if the courts found in their favour ?
Would they have other options such as using balifs ? I have this horrible feeling of some burly thug knocking on my door and removing items from my home (maybe thats because i watch too much TV)

DVardysShadow

Johnn64 wrote: »

Is it possible they would push and take this to court if I refuse to pay the additional costs they are demanding ? and if they do, what would the outcome be if the courts found in their favour ?
Would they have other options such as using balifs ? I have this horrible feeling of some burly thug knocking on my door and removing items from my home (maybe thats because i watch too much TV)

Your mistake was to ring the solicitor. Firstly, they are not 'the solicitor', they are 'the other side's solicitor' which means that they have no responsibilities to you. Secondly, the disagreement is not over the matter of the management fees, it is over the solicitor's own bill. When you ring outfits like this, it may seem to be an easy way to get the matter sorted out. But actually if you are going to come of the phone intimidated and riddled with fear, you should think it is better to write a letter. Because if they reply to the letter, they would never dare write half the stuff they would bully you with on the phone.

You should send them a letter as I suggest and if they are minded to take it to court, then that is where it has to go unless it is worth £372 to you to make them go away. If it does go to court, you will need to defend - you already know the argument. If you lose, you get to pay £372 plus the other sides legal fees which will be limited. That will be a CCJ against you. If you pay it within 28 days or whatever it is, it will not affect your credit record - and there will be no question of bailiffs. You never can quite tell with courts, but if the Management Co never sent you a bill, then they should lose.

Johnn64

DVardysShadow wrote: »

Your mistake was to ring the solicitor. Firstly, they are not 'the solicitor', they are 'the other side's solicitor' which means that they have no responsibilities to you. Secondly, the disagreement is not over the matter of the management fees, it is over the solicitor's own bill. When you ring outfits like this, it may seem to be an easy way to get the matter sorted out. But actually if you are going to come of the phone intimidated and riddled with fear, you should think it is better to write a letter. Because if they reply to the letter, they would never dare write half the stuff they would bully you with on the phone.

You should send them a letter as I suggest and if they are minded to take it to court, then that is where it has to go unless it is worth £372 to you to make them go away. If it does go to court, you will need to defend - you already know the argument. If you lose, you get to pay £372 plus the other sides legal fees which will be limited. That will be a CCJ against you. If you pay it within 28 days or whatever it is, it will not affect your credit record - and there will be no question of bailiffs. You never can quite tell with courts, but if the Management Co never sent you a bill, then they should lose.

Thanks for that. Not the best news, but it is honest and at least I will know what I am going in to should it go to court. I have followed up the telephone conversation with a letter and will not speak over the phone with them again.

Johnn64

The solicitor is saying they sent the bill to me. I did not receive it with my last correspondance being that of the letter saying the accounts were not ready and would be sent out late. His response to me saying I did not receieve was to inform me that the postal service is classed as reliable and me saying I have not receieved it is not accepted. Again tis was all verbal on the telephone, so it will be interesting to see what reply I get from the letter I sent them yesterday following up that conversation

fluffnutter

Stop liaising with this 'solicitor' who has been hired to do little more than intimidate you. Do as dvardy first suggested and let them take you to court if they don't like it.