Chased for a debt that previous owners settled: updated post 35

chappers

To be honest I think this is quite straight forward and there appears to be a paper trail and timeline to confirm that the debt collectors/bailiffs were appointed in error.
This error lies squarely at the feet of whoever appointed them and is therefore their responsibility.
As someone else said it is possible that these fees could get incorporated into the management accounts and recharged to the leaseholders, it would then be a case of disputing these as unfair charges.

silvercar

chappers wrote: »

To be honest I think this is quite straight forward and there appears to be a paper trail and timeline to confirm that the debt collectors/bailiffs were appointed in error.
This error lies squarely at the feet of whoever appointed them and is therefore their responsibility.

t seems that my solicitor obtained a zero balance account from the freeholder's management just after completion as expected, but this wasn't acted upon and the same people sent the supposed overdrawn account to debt collectors. So the debt collectors are actually expecting £325 ie £200 fees plus the ground rent of £125. My solicitor has now written a final letter to them telling them to correspond directly with me from now on. I was unwilling to pay £200 - I'm certainly not paying £325!

As someone else said it is possible that these fees could get incorporated into the management accounts and recharged to the leaseholders, it would then be a case of disputing these as unfair charges.

Over a 400 properties on this development, I can't see anyone pursuing over 50p each! In fact this management mob add random charges of eg 94p to each ground rent and no-one has the energy to object.

moneyistooshorttomention

If the freeholders management are that inept in this instance - then what else are they likely to muck up?

Looks like they need an eye kept on them generally - and see whether they can be changed for someone more efficient.

silvercar

silvercar wrote: »

t seems that my solicitor obtained a zero balance account from the freeholder's management just after completion as expected, but this wasn't acted upon and the same people sent the supposed overdrawn account to debt collectors. So the debt collectors are actually expecting £325 ie £200 fees plus the ground rent of £125. My solicitor has now written a final letter to them telling them to correspond directly with me from now on. I was unwilling to pay £200 - I'm certainly not paying £325!

An update:

I asked my solicitor to send me the zero balance statement. I see that it is for the same numbered flat but in the next block. So basically the payment made by vendor's solicitor was attached to the account of the wrong property!

Not spotted by the management company, the vendor's solicitor or my solicitor. Who should pay the costs of this error?

davidmcn

silvercar wrote: »

Not spotted by the management company, the vendor's solicitor or my solicitor. Who should pay the costs of this error?

Up to the management company to apply their incoming payments to the correct account, I would say.

xHannahx

davidmcn wrote: »

Up to the management company to apply their incoming payments to the correct account, I would say.

Or the solicitor making the payment to use the correct reference?

Certainly either the solicitor who made payment or the management company have made the error.

stator

What costs should there be to sorting it out?
Just admin costs.
Since they made the mistakes they can all agree to sort it out for free.

moneyistooshorttomention

silvercar wrote: »

An update:

I asked my solicitor to send me the zero balance statement. I see that it is for the same numbered flat but in the next block. So basically the payment made by vendor's solicitor was attached to the account of the wrong property!

Not spotted by the management company, the vendor's solicitor or my solicitor. Who should pay the costs of this error?

Surely the management company should just amend their accounts and just delete the figures on the computer screen of that flats accounts and add them onto the computer screen of your flats accounts.

That's that - with the flash of a keyboard = those fees dealt with.

Then there's the question of the bailiffs fees - and the management company were the ones who made the error in the first place - so its up to them to cover the cost of it. (Though its perfectly true that both solicitors should have spotted this - so how come they didn't?). The one at fault in the first place covers the cost - hence its the management company.

silvercar

stator wrote: »

What costs should there be to sorting it out?
Just admin costs.
Since they made the mistakes they can all agree to sort it out for free.

The cost of the debt collectors. The ground rent was in arrears until completion, when the balance owed was cleared from the proceeds of the sale.

moneyistooshorttomention wrote: »

Surely the management company should just amend their accounts and just delete the figures on the computer screen of that flats accounts and add them onto the computer screen of your flats accounts.

That's that - with the flash of a keyboard = those fees dealt with.

Then there's the question of the bailiffs fees - and the management company were the ones who made the error in the first place - so its up to them to cover the cost of it. (Though its perfectly true that both solicitors should have spotted this - so how come they didn't?). The one at fault in the first place covers the cost - hence its the management company.

Yes it is the debt collection fees that are currently noted against my property.

This management company have a reputation according to my solicitor.

TBagpuss

well, if your solicitors had the zero balance and sdidn't notice that the address was wrong, and didn't send you a copy of the account at the time, then I would say that you complain to them about their failure to either check it, or send it to you to check.

They can then, if they wish, pursue the vendor's solicitor for paying the wrong account.

If your solicitor did send you the account at the time and you also failed to notice the incorrect address then you have less chance of making a sucessful complaint.