Old Managing Agent forwarding historical unpaid invoices

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    #31
    Originally posted by AndrewDod View Post
    Yes but invoices are payable when issued, and they cannot pay invoices that are not due. So the bill is not outstanding ... until it is. They cannot collect service charges that are not due.
    So the only way we can understand this is by seeing the full accounts of the previous managing agent. We have never received these, in a detailed form so currently have no way of telling.

    Is the previous agent legally bound in some way to provide these?

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      #32
      Yes, but that is a whole separate matter. I am not sure, but I suspect that
      a) The standard legislation in terms of showing accounts still applies after RTM
      b) The freeholder is still amenable to being taken to FTT if they refuse to provide proper accounting for money - but the legislation and process for doing this is mired in what can only be called corruption (and the FTT has dubious jurisdiction over sinking fund accounts).

      Is it the case that this invoice was already part of S20 consultation (seems unlikely for drain clearance) in which case why will they have the cash for this PARTICULAR invoice anyway? That would NOT likely be the case at all.

      What I suggest in the first instance is:
      - Pay the invoice
      - Write formally demanding full ledgers and copies of bank statements for sinking funds and service charge accounts
      - If there are irregularities or if these are not disclosed, write a formal letter before action, then after a couple of weeks take the matter to FTT

      Even if you think the freeholder has stolen OTHER money that does not in any way absolve you from paying an invoice which the lessees are obliged to pay.

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        #33
        At the very least you need confirmation that they have handed over all monies to you. If there was no agreement to take over any outstanding bills and they have not provided you with a list of any outstanding bills, you should at least seek an explanation. I don't think that anyone is accusing someone of theft at this stage.

        You will need bank statements and accounts etc

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