Hi All
Just stumbled across these forums - what a fantastic resource and font of knowledge for both landlord and tenant.
With the gushing compliment out of the way I would appreciate some advice in respect of service and administration arrears demanded by solicitors instructed by our Management Company!
By way of background I own the freehold interest of our house in a courtyard setting and a Management Company look after the common areas and recover insurance and service charges from the 12 freeholders and 8 leasehold flats.
I have not paid the service charges for the last two 6 month periods (an oversight) and when I received a final demand from the management company in January I posted a cheque for the full amount due - £175.
Three weeks later I received a letter from solicitors instructed by the management company to inform me that the "Service and administration charge arrears" amounted to "£768.02 plus our client's legal costs for instructing us".
I contacted my bank and the cheque that I had sent had not been cashed so I spoke to the solicitors to explain that I had sent a cheque in response to the final demand sent in January and it must have been lost in the post. I suggested that I would sent them a cheque immediately for the outstanding service charge and also a scan from my cheque book showing the previous entry. I sent a replacement cheque and a scan from my cheque book immediately.
I have now received a further letter from the solicitors acknowledging my letter and cheque in which they also state:
I am unsure as to how I should respond as it seems unfair that I should be penalised because a cheque was not received and the proof I have provided is insufficient for the solicitors instructed by the Management Company.
I would appreciate a view as to where I stand and any suggestions as to how I should respond would be very much appreciated.
Just stumbled across these forums - what a fantastic resource and font of knowledge for both landlord and tenant.
With the gushing compliment out of the way I would appreciate some advice in respect of service and administration arrears demanded by solicitors instructed by our Management Company!
By way of background I own the freehold interest of our house in a courtyard setting and a Management Company look after the common areas and recover insurance and service charges from the 12 freeholders and 8 leasehold flats.
I have not paid the service charges for the last two 6 month periods (an oversight) and when I received a final demand from the management company in January I posted a cheque for the full amount due - £175.
Three weeks later I received a letter from solicitors instructed by the management company to inform me that the "Service and administration charge arrears" amounted to "£768.02 plus our client's legal costs for instructing us".
I contacted my bank and the cheque that I had sent had not been cashed so I spoke to the solicitors to explain that I had sent a cheque in response to the final demand sent in January and it must have been lost in the post. I suggested that I would sent them a cheque immediately for the outstanding service charge and also a scan from my cheque book showing the previous entry. I sent a replacement cheque and a scan from my cheque book immediately.
I have now received a further letter from the solicitors acknowledging my letter and cheque in which they also state:
"Whilst we note cheque no, **** may have been payable to ********* this does not provide proof that your cheque was sent and indeed our client did not receive it.
If your cheque was dated 14 January our client wrote to you again on 29 January to advise a payment had not been received and an administration charge had been incurred, if payment was not received within 10 days for the amount required on their letter dated 29 January, a further administration charge would be incurred and legal action would be taken. We were duly instructed on 13 February 2013.
We trust this satisfies your queries and we would ask you to send a further cheque for £342 plus legal costs as soon as possible but in any event within 14 days of the date of this letter"
If your cheque was dated 14 January our client wrote to you again on 29 January to advise a payment had not been received and an administration charge had been incurred, if payment was not received within 10 days for the amount required on their letter dated 29 January, a further administration charge would be incurred and legal action would be taken. We were duly instructed on 13 February 2013.
We trust this satisfies your queries and we would ask you to send a further cheque for £342 plus legal costs as soon as possible but in any event within 14 days of the date of this letter"
I am unsure as to how I should respond as it seems unfair that I should be penalised because a cheque was not received and the proof I have provided is insufficient for the solicitors instructed by the Management Company.
I would appreciate a view as to where I stand and any suggestions as to how I should respond would be very much appreciated.