Fee claimed by a solicitor

Eskie

I own a property, which has a Grounds Maintenance Fee. I got a little behind with the paying of those fees to the residents association, and told them that I would be paying them when I had the money, but received a letter sent on behalf of a solicitor, instructing me that they were now dealing with this matter and that I must pay the solicitors for this amount within 14 days or I would be taken to court, and that I should NOT pay the money to the residents association.
I borrowed the money so that I could pay it and transferred it directly to the residents association.
The outstanding amount was £300, but the solicitors asked for £402, which included their fees. I paid the £300, and want to know from those more knowledgeable than I, whether I do have to pay the money to these solicitors?
Their letter states:

"We have been advised by our clients managing agents that they have received a payment from you for the sum of £300. As you know this firm has been instructed to recover the arrears on your account and as your payment was received on a date subsequent to our instructions being received, you are responsible for payment of the legal costs and interest, as detailed in your lease."

and the letter ends by saying:
"Your payment must reach this office within 7 days of the date of this letter. Should it be necessary to enter into further correspondence our legal costs will increase."

Is this enforceable? as I haven't entered into any agreement with them, and haven't corresponded with them at all.

Many thanks.

G_M

Why should the Residents Association be out of pocket to the tune of £104 because you did not pay your annual fee until chased by solicitors to do so?

Pay your fees charges and debts on time and you will not have late payment fees, debt collection agency fees, solicitors fees or, ultimately, court fees to pay on top.

Eskie

For one thing the residents association didn't need to go this expense as I had already told them I would be paying the outstanding, and indeed, had already paid off part of the outstanding amount, which was originally larger than £300.
Secondly, you have zero idea about my circumstances, so the patronising attitude is really not appreciated.

Johnandabby

Not patronising, just a helpful and succinct response to your post.

Yes you do owe the additional amount for the fees, and I would recommend that you pay this promptly to avoid additional costs being added. The solicitor has been appointed by the RA to cover your outstanding debt, so no requirement for any 'agreement' between you and them.

If I had a pound for every time a client promised to pay next week...

Thrugelmir

For one thing the residents association didn't need to go this expense as I had already told them I would be paying the outstanding,

That's irrelevant. The Residents Association isn't unable to run on the basis that people will pay when they wish. So their prerogative to appoint a debt collection agency.

Eskie

Johnandabby wrote: »

Not patronising, just a helpful and succinct response to your post.

Not sure how you could define the first response as a "helpful answer". You have a strange interpretation of the word "helpful!

Simply stating that yes the fee is enforceable, or such like, would have been helpful. Preaching about what I should've done at the time wasn't particularly helpful in any way whatsoever!

G_M

It's a public forum - expect views, opinions, moral judgements and whatever else the public choose to respond with.

As you point out, my post helpfully made clear the legal position (so far as I understand it) along with an explanation of the justification for that legal position.

Sometimes it helps people to accept unwelcome news if they undetand the rationale for it. Though clearly not in your case.

As for not knowing your circumstances - of course I don't. My response was based soley on the limited information you provided. If you wanted a more detailed and tailored response, you should have provided a detailed and tailored history...

[Deleted User]

You don't have to pay the fees and interest. Write back to them stating that you need to see documentation proving that you owe them money, and if they can't provide it you will be charging them for every additional letter you have to write.

If the Housing Association jumped the gun that is their problem. They can only claim reasonable costs that you are responsible for, which would only be the case if due to you not paying they incurred extra costs themselves. They have to show that things had broken down to the point where there was no realistic prospect of resolving the matter and a lawyer was the only course of action, which since you were trying to work out payment terms it was clearly not.

Eskie

Thank you Mojo, very helpful information

DaveTheMus

Eskie wrote: »

Thank you Mojo, very helpful information

What you mean is;

"Thank you Mojo, you told me exactly what I wanted to hear. It now reinforces my incorrect view that I should not pay the fees I owe."

It's in your OP:

'You are responsible for the payment of legal cost and interest, as detailed in your lease'

If your lease has your signature on it then it's something you have agreed to.....

The longer you leave it the more costly it will become.

Johnandabby

Eskie wrote: »

Not sure how you could define the first response as a "helpful answer". You have a strange interpretation of the word "helpful!

Simply stating that yes the fee is enforceable, or such like, would have been helpful. Preaching about what I should've done at the time wasn't particularly helpful in any way whatsoever!

I definitely didn't read it as preaching, but you're obviously looking for support to dig yourself a deeper hole....

And you must be more than a little behind to have accrued that much extra. And the HA has run out of patience....

So just don't pay it and hope they don't take you to court... or be proactive and sort it out. You may be able to negotiate the interest but not the fees. And do it before the 14 days are up and additional costs are added.