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

chappers

I would write to the management company , copying in the debt collectors pointing out the managements error in a) allocating the monies and b) wrongly instructing the DC. pointing out that because of that they should stand the DCs fees and that you aren't going to pay.
After all they must have been aware of the arrears for some time and I presume they knew that the arrears were going to be settled from the sale, ergo they must have known that you weren't responsible and so should have at the very least contacted you first about the still outstanding amount before instructing the DC.
Personally I would make it clear in your letter that you wont be paying this and you consider it the end of the matter.
Wait and see if they bother taking you to court and if they do fill out the forms and file your defence as you have explained throughout this thread.

silvercar

chappers wrote: »

I would write to the management company , copying in the debt collectors pointing out the managements error in a) allocating the monies and b) wrongly instructing the DC. pointing out that because of that they should stand the DCs fees and that you aren't going to pay.
After all they must have been aware of the arrears for some time and I presume they knew that the arrears were going to be settled from the sale, ergo they must have known that you weren't responsible and so should have at the very least contacted you first about the still outstanding amount before instructing the DC.
Personally I would make it clear in your letter that you wont be paying this and you consider it the end of the matter.
Wait and see if they bother taking you to court and if they do fill out the forms and file your defence as you have explained throughout this thread.

I have written to the freeholder's agent today and the solicitor wrote to the debt collecting people yesterday. I will report back.
Not optimistic as these people have a terrible reputation.

silvercar

TBagpuss wrote: »

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.

They only sent me the account last week, so it isn't my error.

The vendor's solicitor undertook to clear arrears on completion, so in a way they didn't do this.

DandelionPatrol

TBagpuss wrote: »

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.

As the money had been sent, at all material times, the money was in the possession of the Management Company.

The Management Company would know that the leaseholder had changed and therefore their debt collection should have started with a simple letter. The costs of the 'bailiff' are a luxury down to their heavy handed methods.

Probably worth chasing for a copy of the covering letter with the payment. You would see where the problem originated.

silvercar

Probably worth chasing for a copy of the covering letter with the payment. You would see where the problem originated.

I've got that and included it in my letter to them today.

chappers

Well I think you have pretty much done all you can without incurring further expense.
Just await their reply and if it isn't positive then tell them to go whistle and you will see them in court if that is their wish.
You appear to have all your ducks lined up if it goes that far.

moneyistooshorttomention

That's what I was thinking - ie that you now have all the evidence you need to win this straight out no probs if it came to a Small Claims Court case being brought against you.

That being the case - I would think the worst case analysis now (ie of this management company continuing to expect any money out of you) would be to send them a letter back stating words to that effect - ie "I've done my bit/I definitely don't owe you any money and I have the proof of that fact. Y'all Have a nice day now..." suitably phrased.

I doubt they'd even try to take you to Small Claims Court about it. If they did - that's not a problem = you prove you told them the truth that you would win, because you HAVE just won.

DandelionPatrol

moneyistooshorttomention wrote: »

That's what I was thinking - ie that you now have all the evidence you need to win this straight out no probs if it came to a Small Claims Court case being brought against you.

That being the case - I would think the worst case analysis now (ie of this management company continuing to expect any money out of you) would be to send them a letter back stating words to that effect - ie "I've done my bit/I definitely don't owe you any money and I have the proof of that fact. Y'all Have a nice day now..." suitably phrased.

I doubt they'd even try to take you to Small Claims Court about it. If they did - that's not a problem = you prove you told them the truth that you would win, because you HAVE just won.

I think that the case would be a little bit less than clear cut. It all hangs on what the sellers solicitor told the management company.

If they did not tell the management company correctly, then the management company are entitled to continue pursuing the leaseholder, who happens to be silvercar at this time.

The worst scenario is if the solicitor did not tell the management company clearly what the money was for. This could pessimisticly leave silvercar down by the debt collector's fees in court and not able to recover them from the vendor and solicitor because the management company were not diligent in asking what the money was for.

Jhoney_2

Surely silvercar did not sign up to taking possession of the leasehold including debts incurred by the previous owner?

Yes, you are now liable for the ground rent and management fee etc etc going forward, but not for the fact that the MC failed to obtain payment from SC's vendor for 4months, failed to ensure payment was received to settle outstanding fees on vendors account, engaged DC in OCTOBER when they would have known the property had since changed hands in August.

Why on earth would you be inclined or expected to pay a penny?

I agree that you should not pay a solicitor to deal with this, but absolutely pay nothing of it. Worst case senario the DC's fees should be payable by the previous vendor and as already mentioned, the MC and solicitors may be a bit nervous too.

Do not ignore it, but do not let this happen SC.

DC debts are to a named person and that would not be your name would it? No, because they were not chasing you for anything that accumulated fees were associated with.

silvercar

DandelionPatrol wrote: »

I think that the case would be a little bit less than clear cut. It all hangs on what the sellers solicitor told the management company.

If they did not tell the management company correctly, then the management company are entitled to continue pursuing the leaseholder, who happens to be silvercar at this time.

The worst scenario is if the solicitor did not tell the management company clearly what the money was for. This could pessimisticly leave silvercar down by the debt collector's fees in court and not able to recover them from the vendor and solicitor because the management company were not diligent in asking what the money was for.

The seller's solicitor were very clear, the management company made the error. But the management company sent the zero balance account statement for the wrong property and the seller's solicitor didn't spot this. Nor did my solicitor. If either solicitor had spotted this at the time it would have been corrected before the debt collectors were engaged by the managing agent.