Invoice Sent to Wrong Address

Ikkimob

Hi
I have had a situation where a company raising a service charge on my apartment sent the invoices and demands to an incomplete address ( the building which houses several businesses where my work office is with no company name and just my name ) .

A collection agency finally got my home address and and got in touch with a demand for the original amount with a 1200 pound penalty for legal expenses.

I have offered to pay the principal sum but not the legal fees, which have been incurred through no fault of mine.

They are refusing to accept my offer. What is my legal position?

FOREVER21

Over what period of time do the arrears of the service charge relate.

Did you not realise the service charge was due?

How did the mis directed invoices come to your attention, and what action did you then take?

If a debt recovery firm is involved and legal costs are being claimed, it sounds like the company invoicing you had taken the matter to a county court and got judgement including costs against you.
Did you not get any papers from the court?

Write to the company involved and ask for details of their action including court reference numbers and importantly the address they used for the service of papers.

If they had used the incorrect address then obviously you would not have received any documents and I would speak to the court office and explain and ask if there is any appeal procedure.

bod1467

IF this has been to court (and it's not just a debt collector trying to add imaginary fees) then the OP can apply for a Set Aside.

If the debt collector is acting as a bailiff then the DC will already know the court case number and should have it on the paperwork it presents to the OP.

Ikkimob

Hi the arrears are 12 months , I am a busy person...

I only found out when the debt collectors wrote to my home address , I contacted them immediately. its not been to court , they are threatening me with court ...

marliepanda

Ikkimob wrote: »

Hi the arrears are 12 months , I am a busy person...

I only found out when the debt collectors wrote to my home address , I contacted them immediately. its not been to court , they are threatening me with court ...

Surely you knew you had a service charge to pay though? Busy does not excuse being ignorant of things you are due to pay.

Why did they have an incomplete address? What address did YOU give them when you purchased this property which incurred service charges?

Ikkimob

@ marliepanda : No I do not go around all day thinking I have a service charge to pay, I expect to get an invoice and pay it..

I have no recollection of having given them an address ( which has elements of my work address in it as mentioned before ) . The debt collection people say its the address on the land registry records.

In any case the address would not get correspondence to me as any reasonable person would see.

marliepanda

Ikkimob wrote: »

@ marliepanda : No I do not go around all day thinking I have a service charge to pay, I expect to get an invoice and pay it..

I have no recollection of having given them an address ( which has elements of my work address in it as mentioned before ) . The debt collection people say its the address on the land registry records.

In any case the address would not get correspondence to me as any reasonable person would see.

You seem to have taken a very blase attitude to paying what you owe, and also that same attitude with giving your address to the company you contracted a service from.

Take some responsibility for your own lack of responsibility.

Ikkimob

@marliepanda

PLEASE NOTE : I do NOT take a blase attitude to what I owe.
If you cannot give advice then do not be abusive to someone you know NOTHING of. I know this is an open forum on the internet but being aggressive is uncalled for.

marliepanda

Ikkimob wrote: »

@marliepanda

PLEASE NOTE : I do NOT take a blase attitude to what I owe.
If you cannot give advice then do not be abusive to someone you know NOTHING of. I know this is an open forum on the internet but being aggressive is uncalled for.

Abusive and aggressive? Telling you to take responsibility for your failure to provide accurate information and payment is abusive and aggressive?

You are being far too sensitive...

AnnieO1234

You need to refer back to your lease. Does it state that service charges and ground rent are due with or without invoice on a specific date? If so, you're potentially up the creek without much of a paddle.

It is highly unusual that they haven't simply written to the property address.

Tell the DC debt denied and go back to the management company etc. when did you purchase the property? Have you previously paid service charges/ground rent?

Do you have a mortgage? If so, you could easily be in breach of your mortgage T&C'S, and worse still your mortgage company could pay the debt (all of it) and leave you with a bigger mortgage debt. They wouldn't even need your permission as they would be acting in their own and your best interests in securing the leasehold property from being taken back by the freeholder for breach of lease.

Xxx

Marktheshark

The debt collectors can not take you to court, they are third party non contracted interlopers.
Inform them firmly you have no contract with them and certainly no contract for legal services and ask them the name of the solicitor who is selling these legal services so you can take the matter of no contract with the SRA.