Excessive Debt Collection charges after service charge arrears

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    #16
    Have a look at the RICS code of guidance which managing companies are supposed to follow. You may find it helpful in your arguments. https://www.rics.org/uk/upholding-pr...nagement-code/

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      #17
      Originally posted by ellenchen95 View Post

      So in summary, you would suggest, pay all the £1000, do nothing. Let it go?

      I thought I do have some a bit right to argue a bit?
      No I didn't say that. I said pay it in full (under protest) then bring an FTT case.

      However:
      - you might well lose
      - If you have paid it you are unlikely to end up having to pay extra costs
      - The FTT in some parts of the country has pretty much ceased to exist even for urgent health and safety matters. People are suffering huge detriment as a result and it has provided free scope for fraudsters, prevented dealing with unsafe buildings, and I'd imagine a few people have died as a result. They don't even answer extremely urgent H&S correspondence marked as urgent in the way they suggest it is marked.

      And make sure you never do it again. Owning a leasehold property is like riding a shark - you don't treat it as a casual joke

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        #18
        Right, what I have done so far. I paid the £1000 today.
        And I have also got the 1st letter from the Debt collection company, which I didn't receive. Within the letter, they simply specific the amount I should pay, with no breakdown, no summary of rights.

        As this is an electronic letter, so no proof of when they have send out.

        Do I have any ground for a fee dispute for their later action charge- ie those they add-on charge, including contact my mortgage bank.

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          #19
          They do appear disproportionate until you start thinking about the effects leaseholders not paying the service charge has on the building generally, on other leaseholders, and on the leaseholder its self who may eventually be subject to forfeiture. So it's pretty serious to 'forget'.

          You could have a look at the debt collection guidelines/code of conduct. Make a complaint to the managing agent, and after the end of their process to the appropriate ombudsman or ADR to which they have to be signed up.

          I think for what it's worth you should make a complaint because its disproportionate. Not least because they failed to include the statutory information.

          A similar thing happened to me when they were sending letters to the wrong address, but luckily they had the sense to ring me after 3 months and we worked it out.

          Now I make calender notes of when charges are due.

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            #20
            Originally posted by ellenchen95 View Post

            So in summary, you would suggest, pay all the £1000, do nothing. Let it go?

            I thought I do have some a bit right to argue a bit?
            Realistically that's best advice, personally I would just pay the bill and ignore the late payment charges and wait for them to take you to FTT. Trouble is they will bombard you with ever more threatening letters and further charges and next year they will knock any payment off earlier "debt" first so you need stomach for a long fight
            And if you ever need to sell it will cause you problems.
            Unfair but that's the system sorry.

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