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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a question regarding payment to a property mangement

Resolved Question:

Hi Pearl, I have a question regarding payment to a property mangement company.can you help me? Regards Sarah
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: My house has a property management company to look after the grounds and gate. I pay for this service every six months. I get invoiced and I pay the invoice. I have been doing this for the last 5 years no problem. I paid the last invoice mid June. All good. I have returned from being away from my property for 3 weeks and found a final request of payment of £140 from my housing property management company dated the day after i left to go away to work. And also I find they have passed the debt on to a property debt collection service who now want £360. I ring my company right away and explain I have been away why have I got this. They explain that the invoice they sent before I went away was issued late as the company is being taken over and covers me for charges up to June and yes I am paid up to date. The charge of £140 is for the period July to December. I asked why I haven’t got an invoice for this and they say they have sent me one on the 17th June. I have not recieved this invoice. I asked if they had sent me any reminder letters - they said no. The final request for payment only has my name, address and the amount I owe. it has no ref to the period or invoice the charges are for ( i only found that out when I rang). I offered to pay the £140 on the phone right there on the phone but they said it had been passed to a debt collection agency and they couldn't take payment. I only went away for 3 weeks!!! do I have to pay the debt collection agency? is it legal what they are doing?
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please?

Customer: replied 5 months ago.
Hi Ash this is what I would like to achieve:
The company has said they have sent one invoice and “one request for payment – overdue charges”. Is it legal to send a debt to a debt collection agency without sending any reminder letters?The final request for payment I received (the only communication I have to this debt as I didn’t receive the invoice they allegedly sent) didn’t have what invoice it related to or have the period of time the invoice covers. Does a company have to legally put this on the letter?If I pay the original debt to the company (I’m very happy to pay it – I just needed the invoice to know I owe it!) can I insist the debt collection agency has to drop the claim?Many thanks
Expert:  Ash replied 5 months ago.

Have they got copies of the reminders which were supposed to be sent?

Customer: replied 5 months ago.
They said they have sent no reminders. They sent 1 invoice (i did not receive) and 1 final request for payment for £142( I did receive dated 1 August). They have not sent anything else. The final request for payment has no invoice number or period of time they are billing on it.the only other thing I have received is debt collection letter from debt agency wanting £361 for a £142 owed dated 18 August. It has no invoice number .so I have come back from leaving my house for 3 weeks to find I being chased by debt collectors on a invoice i didn't know existed.I have no problem paying any service charges they invoice for. I have paid all my invoices and never been in arrears for the whole time I have lived here which is 5 years. If i recieve an invoice I pay it. I do expect the company to treat me fairly and give me appropriate documents and time to settle a bill.Can I legally contest the fact the money I owe to them should not be passed over to the debt collection agency and I should pay them the original amount of £142.The fact no reminders have been sent and the final request has no reference to what it is for - is this enough to be able to say they are wrong and they are acting outside the law?
Expert:  Ash replied 5 months ago.

Does the lease say they can pass it to debt collection and that they can charge costs?

Customer: replied 5 months ago.
the company is a property management company.I am a free holder on my house but pay a six monthly service charge to this management company to cut the grass etc on a communal car park at the back. The payment in question is for future charges 1 July - 31 december 2016. Would this be written in a TP1? I have a copy of this and it says nothing of being able to pass it on to debt collection.
Expert:  Ash replied 5 months ago.

Ok - you must have a contract or agreement?

Customer: replied 5 months ago.
I can't find a contract or agreement in my records. I can't remember signing one 5 years ago when i purchased the house but I may of done and just forgotten. I'm guessing if I don't have a contract - there is nothing I can do?
Expert:  Ash replied 5 months ago.

You must have something? There must be a contract or agreement of some kind
If you don't have a contract then they cant charge you these fees.

If they have a contract it must specify they can charge these fees.

That is what it comes down to, the contract. Therefore you must find it

Ask them for it - they must have one to rely on

Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
Thank you. I'll ask the company for a contract 1st thing tomorrow.
Expert:  Ash replied 5 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Customer: replied 5 months ago.
Just one clarification please before we sign off for good.So when i get hold of the contract and it does state that the company can pass any money owed to debt collectors - there is nothing I can do even though I never received the invoice.If the contract doesn't state the company can pass any money owed to debt collectors then I'm in my rights to just pay the company what I owe and tell the debt collection they can't legally pursue the debt.
Expert:  Ash replied 5 months ago.

Well the debt company could try and issue a claim against you.

But if the contract does not state they can pass the money on or costs then you only need to pay the actual invoice.

Does that clarify?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 5 months ago.
thank for your help, I've fortunately never been a situation where I have been harassed with debt collectors before. It is a bit scary that you can leave your house for 3 weeks and you come back to bills you never knew existed and debt collectors! Next time I'm working away, I'll make sure someone goes in and opens my post! thank you again.

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