Service Charge Demand - Managing Agent Insisting on Web Portal Service

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    #16
    UPDATE: Today I received a letter from the credit control dept of the managing agent, requesting payment and enclosing a statement (this was just a summary of the date of the interim service charge and the amount). No copies of the actual service charge demand was enclosed.

    Does this change the game, or are they still (technically/arguably) in breach of the service terms in the lease?

    Tks, yet again!
    Last edited by Holy Cow; 16-07-2021, 19:39 PM. Reason: typo

    Comment


      #17
      Write back and say ( assuming you have never received the current service charge demand at your home - where you live )

      Dear Credit controler,
      Please get your department in order first.


      I have never received the interim Service charge addressed to my registered home address ( where I live ) and until such demand is presented to me, together with legal paperwork attached, I cannot pay that which I have no knowedge of.
      A balance is NOT a service charge demand.

      Go see your legal team as to what you should be sending me, to where, and in which format.

      I do not collect service charge demands from you. You send them to me. Is that clear enough ?

      i do not expect you to reply about a web portal. i expect, in the post, a service charge demand. which will also list the items to which the costs are against, together with current charge, then minus any excess monies in my account.

      I am sure even you can understand the law / recognised common format regarding layout a servive charge demand.

      It may not be your fault, but please in future check that a service charge demand has been sent to me before you harrass me for payment, and if not, send the bloody thing. Is that too much for you ?

      As it seems no one can send me a REAL, in writing service charge demand, a sample is enclosed.

      Yours faithfully

      Your worst nightmare.

      R.a.M. ( put your own name here ) pdf at
      http://ram2.hostbyet2.com/Estimated_Service_Charge_Bill.pdf

      Comment


        #18
        P.S.
        Above is estimated service charge - copy and paste link

        the following is Actual service charge. at http://ram2.hostbyet2.com/Actual_Ser...harge_Bill.pdf

        Actual_Service_Charge_Bill.pdf

        Comment


          #19
          Originally posted by Section20z View Post
          HOwever they will have to send you a pre action reminder before taking court action for arrears so no doubt you will get a pdf eventually but they might already add late payment charges, and you're left with a fight.
          clearly the amounts would not be lawfully demanded but depends on your stomach for an argument...
          Guess it comes down to what sort of job they do of management and your respect for neighbours who will bear the additional expense incurred by tardy payers.
          This sums the situation up really.

          It looks like you are within your rights to refuse to accept anything other than demands that are delivered to your address, with the appropriate statements, as proper notification of your requirement to pay service charges.
          If you have not received demands that are in full accordance with the terms in your lease, and which also comply with legal requirements, no late payment charges will be payable - but that doesn't mean that the RTM company won't add late payment and legal charges, so you may well have to fight them in a court or tribunal.

          It may also be worth considering whether your lease allows legal costs to be added to service charges, and whether members of the RTM company have any obligation to pay company costs.
          If the RTM company does spend money on legal action these costs have to be paid by someone, and you may be very unpopular with your neighbours if they have to pay additional costs because of your refusal to accept use of a portal.

          I can understand that you really don't want to have to create an account for a portal, but you may find that most, potentially even all, other leaseholders prefer this.
          If I was in your situation I would be willing to sign up to the portal but would make it very clear, in writing, that I would be willing to use the portal for information, and may even make payments based on that information, but I would never consider payments to become legally due unless they were delivered to my flat in accordance with the terms of the lease. If a payment was not received after being requested via the portal I would expect a valid demand to be delivered to me before any other sort of action whatsoever was taken regarding the charges.

          Comment

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