property service charge

Dovah_diva

MamaMoo wrote: »

I do, this why I gave the OP some factual information, whereas after your first sentence you just suggested to OP that he get himself into further debt to placate the company. Terrible advice.

To be honest, it is clear you know little about leasehold properties and service charges. Offering a higher amount than £200 is not 'placating' the company, it is demonstrating that the OP understands his/her responsibilities and appreciates that non payment of service charge is a serious matter that could, very easily, result in a CCJ. It could also, in very extreme cases, result in the forfeiture of the lease.

MamaMoo wrote: »

It's a bit of a bully boy tactic, no? Money is offered, yet you go to court, running the risk of it taking longer to recoup costs, just to spite the debtor?

You think? Shall we look at it from another angle? Most private leaseholder properties (i.e., not council run stock) charge a percentage in the service charges for essential maintenance work. All leaseholders have to contribute to this. Often, all the money must be collected before the works can commence (that and the relevant S20 consultation process). Therefore, by not paying his/her share the OP could be depriving other residents of essential maintenance works.

Of course, you have also failed to take into account any other factors before accusing me and the company I work for as using 'bully boy' tactics. Factors such as non resident leaseholders deliberately not paying their charges.

MamaMoo wrote: »

I should have guessed from your first post on this thread you worked in income recovery...

I'd like to think that is because I have demonstrated that I actually know what I am talking about - unlike you. However, I suspect that comment is a veiled insult. This is a shame, as there is no need for it and by making such comments you make yourself look petty and immature. It might also put others off posting.

It is clear you know little about leasehold service charges. Service charge debt is nothing like credit card debt and one cannot simply sit back and say 'Well, I made an offer. If you don't like it, tough' That will lead to a CCJ and possibly worse.

unholyangel wrote: »

If you want to avoid a CCJ, just pay within the allocated time (usually around a month). Going to court and losing is not enough on its own to have a CCJ registered against you. By the time its allocated at a court etc, he'll probably already have half of the money together.

The OP will have 30 days from the date of judgement to pay and have the CCJ completely removed. Any later than that will result in the CCJ remaining on the credit file for six years, but marked as settled. Stressful way of doing things though. Far better to keep communicating with the company and really, start looking to raise some money. They might accept a lump sum payment, followed by the rest of the arrears, plus ongoing charges, over the next six months, payable by DD.

wealdroam wrote: »

Do we even know whether the OP has received a bill before?

Could it be that the management company/letting agent/landlord has failed to provide an invoice during the previous year?

Could it be that the management company/letting agent/landlord has not even advised the amount of the service charge?

With respect, all we know at the moment is that £1700 hasn't been paid.
We do not yet know the reason for that non-payment, nor do we know who is to blame for that non-payment.

This is true and if the OP were to give more information we might be better placed to help. I would ask the following of the OP:

• Have you received the necessary documentation?
• Are you a non resident leaseholder? If so, have you advised the management company of your new correspondence address?
• Have you kept the management company informed of your difficulties in making payment?

If you want to PM me for further help, please do.

arcon5

I do, this why I gave the OP some factual information, whereas after your first sentence you just suggested to OP that he get himself into further debt to placate the company. Terrible advice.

I don't think borrowing from one source to pay another is necessarily a bad thing, a dangerous thing if you use it wrong, but not necessarily bad in general. If they are actually willing to go to court and op can afford the £200 per month then borrowing elsewhere could actually save op a lot of money if within the next 6 years she wants to borrow, move house or anything - which will require a credit check.

arcon5

Do we even know whether the OP has received a bill before?

Fair point, but I think it's a fair assumption that ops received a demand for payment and can't afford it

fluffnutter

arcon5 wrote: »

Fair point, but I think it's a fair assumption that ops received a demand for payment and can't afford it

One demand for payment? Or a number of them? OP says they've not 'paid the service charge for a year'. Does this mean they've missed one annual payment that, say, was due last month or does it mean they've had a whole year in which to save the money and sort things out with the management company?

If the latter, then, hmm, debts don't miraculously reduce if left for 12 months and I'm not surprised the company has refused the OP's suggested repayment schedule.

arcon5

One demand or several, its not really relevant, the fact is the money had fallen due and remains unpaid. And since we an assume its part of the contract there isn't really a defence op can use if it went to court.

So back to the original post, yes they can take you to court. You will likely end up in a payment plan anyway, but the judgement will certainly destroy your credit file.

As for ops options..
Either make them a better offer in the hope they open up negotiations
Or
Borrow the money elsewhere and pay it down gradually to avoid court
Or
Let them go to court and see how they proceed in terms of enforcement.

ValHaller

MamaMoo wrote: »

Not very helpful, are you?!

Quite simply, OP, if you haven't got the money, they can't have it!
Write them a letter confirming what you can offer, and send it recorded delivery so you have proof. If they reject the offer, put this £200 each month to one side until the court case.
If they take you to court over this amount, the judge will look very unfavourably on the company if they've refused a perfectly reasonable offer of repayment. You can then show the judge that you've been putting the money aside, and offer them that amount as the lump sum, and continue the £200 payments each month.

No, if they reject the offer, send it anyway.

By sending it, you are changing from a stationary target to a moving one - possibly not worth taking to court