Ground rent late Fees disproportionate

grazzzz

A friend is in dispute with her Ground Rent company on her Flat (company is Simarc)
They are saying they have sent her ground fee bill out by email in January and a reminder in February she has never reiceved the invoices, they are saying that she now has an additional £96 late payment charge on a £156 original bill, thy claim she elected to recieve her invoices by email although she doesnt remember doing this. and so she contacted them by email to find out where her bill was ? They didnt reply she has sent 2 eamils to which no response and a phone call to wich she was told to pay up or go to court. she sent a cheque in for the original amount plus 2 interest but refused the latew payment amount on the grounds it was disproportiante and wants a break down of the charges.
they have sent her a letter returning the original cheque saying the charges are as follows
Persuing computer and paper records £30
obtaining and dealing with office copy entry of leasehold title £25
Preparation of file and letter including perusal of file by manager £25
Vat £16
Total is £96
she has asked for a copy of the invoice they are refusing to send it said its gone via email so cant be sent again

yes she owes the ground rent however think they are trying to get extra revenue as she would not ignore an email like this .
They wont give her copies of anything even the original emails they claim to have sent ?
Advice please

martindow

I would send a cheque for 156 with a covering letter saying this is for the ground rent and disregard the extra charges. If they cash the cheque I would consider that the end of the matter.

Edit sorry fully read the post. I'd send the cheque back. Are they just making up charges?

princeofpounds

Tell her to speak to/visit the website of lease-advice.org, which is a govt-funded advice service to help leaseholders understand their positions.

Also try landlordzone long leasehold forum, it has a couple of good posters although it's not super-active, but if you catch one or browse the historical threads you might find information.

It's quite likely the charges are not due, but a lot will depend on her lease. If she wasn't billed properly she may well not have to pay the interest either.

Some freehold companies do like to engage in 'speculative invoicing', to use the polite term. I'm amazed it isn't a crime, to be honest, but there you go.

propertyman

This is a common prblem that I have addressed here
http://www.landlordzone.co.uk/forums/showthread.php?55587-Late-payment-charges-SC-and-GR
http://www.landlordzone.co.uk/forums/showthread.php?47824-Service-Charge-Bills-“Do-I-have-to-pay-it-“and-“-Is-it-valid-”

The trick is that they have to prove that you elected to use email and i susect that it is in the small printon their website, and that it ended up in trash or spam without you seeing it.

Ultimately the question of costs is if the lease allows them and if so that they are reasonable. Just paying the net rent and arguing will not work with these people. You haveto challenge them as above, properly.