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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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A large company "managing" ground rent and insurance charging

Customer Question

A large company "managing" ground rent and insurance charging huge amounts for administration of non-collection, even when monies for demand paid on-time, no mention of old outstanding (suggested non receipt) of earlier demands at that point. Won't speak on phone or accept ANY part payment - rejected supposed full payment of demand approx. 6 wks after payment, without notification thereof. Can this be challenged legally, or are you over the barrel they've pit you on?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

Hello,

Are you disputing any element of the ground rent or service charge? Have you consented to them contacting your mortgagor directly and discussing your account? What do you wish to achieve please now.

Customer: replied 3 years ago.

The amounts for services charged aren't disputed -as evidenced by the payment of the demand of which I was aware. The charges made for "recovery" are disputed as excessive, no evidence of delivery of course. No I haven't agreed directly to that contact but suspect that's a standard clause within the documentation.

Expert:  UKSolicitorJA replied 3 years ago.
You may contact your mortgagor and tell them that you do not consent to them discussing your account with the managing agent or anyone without your prior approval pursuant to the Data Protection Act 1998 and you should inform the Managing Agent of the same i.e. that they should not discuss your account with anyone without your consent.

You may dispute the administration/recovery chargesif these are not provided in your lease or you do not agree to pay them, and you may take the matter to the Residential Property Tribunal, see here for information on how to challenge the recovery charges in the Tribunal:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/t541-eng.pdf

Hope this helps