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Property Debt Collection -Issued NOTICE OF BREACH & INTENTION TO ENTER PURSUANT TO MORTGAGE COMPANY

I owned property through a limited company. Sometimes last year, I got a letter from Property Debt Collection Ltd (PDC) demanding payment of £425.23 concerning debt at my property. I acknowledged that a payment may be due since it is my property though I can't recollect any bill that was not paid since I have owned the property but I needed to know who the creditor was and what was the debt for but they refused to tell me. I called them repeatedly that I was happy to make the payment excluding any charges if they reveal the creditor and I believed the debt to be genuine. I would imagine that it was reasonable to know why I owed a debt and for what reason.

Recently, in December 2021 to be precise, my mortgage company contacted me that PDC is threatening them with legal action. Fortunately, the Mortgage company revealed the name of the creditor. I contacted the creditor( RMG Property Management - RMG)  and they said I have to deal with PDC.

The Mortgage company requested that I write to PDC to explain why I am disputing the debt which I did. My reason was that I was not informed of the charges by RMG, and when I questioned the debt, PDC was not willing to reveal what the debt was for. My Mortgage company said that the case will be frozen till December 23rd 2021, but a few days ago I got a letter from them stating that if payment is not made by 13th January 2022 or If I do not notify them of any dispute ( I have already done this, I was quite surprised), to protect their security they will make the payment and add it to my mortgage. Regardless of what has happened, from what I gathered from speaking to the mortgage company, I think they will make the payments anyway. I have made it clear in my dispute letter to PDC and to the mortgage company that I am happy to pay the initial service charge fees without the extra charges.

PDC has issued a NOTICE OF BREACH AND INTENTION TO ENTER PURSUANT TO SECTION 121(3) OF THE LAW OF PROPERTY ACT 1925 claiming for a sum of £775.23. See fee breakdown below:

£240 in respect of administration fees
£350 costs in respect of the preparation of this Notice
£185.23 service charge fees
Total fees: £775.23

 I spoke to someone who claimed to be a solicitor from just answer uk he said PDC is bound legally to issue the notice. From what I have said so far, is there anything I can do? I am thinking of making the full payment if there is no other way and make claim against RMG Property Management for not informing and sending the debt to PDC, but I am not sure if I  stand any chance.



I NEED HELP PLEASE!

Comments

  • user1977
    user1977 Posts: 17,254 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Have you previously had invoices from RMG? Is the problem that they've got the wrong address for you?
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    "I owned property through a limited company. " Have you (your ltd company) now sold the property?
    Do you live at the property?
    Is this a flat and are RMG the freeholder and/or freeholder's management company?
    If yes, have you ever paid RMG in the past? How long have you owned the property?
    Have you informed RMG,in writing, of your correct address? When and how did you tell them?
    What correspondance, if any, have you ever had to/from RMG in the past?
    Have you as yet had an invoice defining what this charge is for?
    "£240 in respect of administration fees" adminitration of what? Of chasing the debt? What was the original debt for? Service charge? Or what?
    Do you have legal cover with your insurance? Or via your employer or union?


  • deannagone
    deannagone Posts: 1,101 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    edited 7 January 2022 at 6:30AM
    It looks like there's an unpaid ground rent charge somewhere.  And now you are being charged admin fees after missing a letter from them (they have a bad rep for this) https://uk.trustpilot.com/review/www.propertydebt.co.uk.  Unfortunately its not an uncommon story with companies like this.
  • eddddy
    eddddy Posts: 17,746 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 7 January 2022 at 10:33AM

    Is your property leasehold?

    If so, this sounds like unpaid ground rent, unpaid service charges, or unpaid administration charges. (Or alternatively, it may be freehold with a service charge.)


    Assuming it's leasehold, the standard advice is to pay the bill under protest and then challenge it at a tribunal.

    Once the bill is paid, the management company cannot add further costs, or instruct solicitors, or instruct debt collectors, or contact your mortgage lender, or start a forfeiture (repossession) claim.

    And you then have plenty of time to construct your case, and apply to the tribunal - without any stress (e.g. from your mortgage lender)



    So maybe pay the bill as it stands (saying that you are doing so under protest) - then make your investigations about where the original bill was sent, whether the bill was correct etc.

    You can then decide whether you have grounds to claim the late fees and debt collection fees back, or perhaps even claim the entire bill back - at a tribunal.

     

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