Late ground rent payment charge & legal fees no warnings

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    #31
    Originally posted by Section20z View Post
    FTT won't deal with ground rent so that aspect will be heard by County Court.
    Can the Tribunal not deal with it on the grounds that the ground rent is not disputed but the excessive solicitor costs that has been applied?

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      #32
      Originally posted by KingstonBee View Post
      I have been sent a new invoice for “Sub-letting Registration Fee” because the company has done some internal shuffling of accounts - It’s £100! I dont sublet and I live here - I own my flat. They won’t even respond to this query - I assume to purposely delay it to incur costs! Any advice on this too please?

      Update on this: I emailed them to express my confusion and they responded to say that they sent it to every address registered whether they were sub-letting or owner of the flat - Told to disregard it.... I would hate to think how many people think they need to pay when it doesn’t apply to them... so naughty!

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        #33
        The fact that the freeholder/managing agent has sent an invoice for a "sub-letting registration fee" to you (even if it is something that was sent to all leaseholders), might help you if their solicitor intended to try and recover legal costs using forfeiture clauses in your lease (this possibility assumes that there is no other clause in your lease that allows them to recover legal costs).

        Arguing that forfeiture was under contemplation would usually require that the freeholder managing agent had done nothing to suggest that they intended the lease to continue - which means not sending out any invoices. Hopefully you have kept the invoice and copies of all subsequent communications in case they become useful.

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          #34
          Originally posted by Macromia View Post
          The fact that the freeholder/managing agent has sent an invoice for a "sub-letting registration fee" to you (even if it is something that was sent to all leaseholders), might help you if their solicitor intended to try and recover legal costs using forfeiture clauses in your lease (this possibility assumes that there is no other clause in your lease that allows them to recover legal costs).

          There is a vague clause to say about costs but nothing in monetary terms and isn’t very clear. Even asking Months before any of this was due etc I emailed them to say to please sent invoices via email as post doesn’t always get to us. Funny enough, their legal team was very happy to freely attach invoice in question easily to her aggressive emailed response; Which included that they don’t accept any cost other than the full amount (how can they claim court fees if it’s yet to go to court?!).


          Originally posted by Macromia View Post
          Arguing that forfeiture was under contemplation would usually require that the freeholder managing agent had done nothing to suggest that they intended the lease to continue - which means not sending out any invoices. Hopefully you have kept the invoice and copies of all subsequent communications in case they become useful.

          This one is a little over my head sorry! I have kept all forms of communication including all emails to and from.


          Just waiting to hear back on the decision from the claim form response as I asked it to go to tribunal level first etc.

          Comment


            #35
            Ok so we’ve decided to just get this out of our hair... BUT PDC are refusing to accept full payment and keep delaying and making excuses about not allowing to do so. I have told them it’ll likely not look good for them in doing so. The freeholder also will NOT confirm (on purpose) they have received the payment for the ground rent which is also delaying things. They are playing games.

            Seems they are purposely trying to make it go to court so they can gain further extortionate fees!! What can I do?!

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              #36
              Originally posted by KingstonBee View Post
              Seems they are purposely trying to make it go to court so they can gain further extortionate fees!! What can I do?!
              There is probably very little that you can do if they are deliberately 'playing games', except to make sure that you keep full records of everything that you have done to try to settle - with evidence that will support what you say if they dispute this in court.
              It is probably best not to have any verbal contact with the freeholder, their managing agent, or the solicitor (unless you can record what is said). Do everything in writing by post (get 'proof of posting' from the Post Office for everything you send), or via email.

              If you have decided to pay the full amount that they are demanding, you could do this by bank transfer and then provide bank statements showing the transfer for evidence if they do take you to court. Alternatively, sent them a cheque and see if they return it.
              If you do choose to pay the full amount I would strongly suggest writing a letter (copied to both the solicitor and freeholder) that clearly states that you don't accept that you are responsible for the full amount that they have demanded and are paying, on a without prejudice basis, solely because you don't want a court battle at the current time. You could also add that you reserve the right to challenge the costs at a later date.

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                #37
                FYI - I pressed and stated facts and quoted the law etc and they eventually backed down... Mega Chuffed. Didn’t even have to pay any of the legal fees or additional costs. It helps that in the lease as mentioned they had to email or send mail via recorded delivery... Their legal team agreed and dropped the case.

                Comment


                  #38
                  sounds like a major win

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