Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Does the letter say on what basis you are liable for your brothers share of the fees? Kind regards AJ
Hi, Thank you. Firstly they have to provide proof you owe the fees - if the documentation is in your brothers name they may struggle to do this. If your brother goes bankrupt and you want to continue using the property it is likely they will insist someone takes responsibility for all the fees. Have the debt agency said they will sue you? Do you want to keep the property in Spain?
Hi, Thank you. I would try writing back to them as follows:
- Say they have provided no evidence of how the debt has occurred;
- Your brother is clearly liable for this not you;
- It is a criminal offence to unlawfully harass someone for a debt they do not owe under S.40 of the Administration of Justice Act 1970;
- Say as you do not consider yourself in arrears you are only prepared to correspond with the community management company directly.
In the mean time you will need to make arrangements to remove your brother from this property - in all likelihood you will want this debt to form part of his estate in bankruptcy.
I would note if the company does sue (which is their prerogative) you will have to defend the proceedings. Kind regards AJ