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UK-Justice
UK-Justice, Barrister
Category: Property Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Good afternoon My property management company have handed

Customer Question

Good afternoon

My property management company have handed me over to lawyers and I believe that I should have been informed of pending action with a final demand for payment.

I made a partial payment of my property management fees in November and received an email notification in December to say my invoice was ready to view online . When I logged in to make the outstanding payment I was informed I had been handed over.

The lawyers have informed me that there was no agreement in place and that I can not make partial payments. However I paid the first half yearly fees over a three month period and never received any notification to say this was unacceptable.

While I have tried to make payment for my fees I do not feel I should have to pay the lawyer fees.

Please could you advise?
Submitted: 4 years ago.
Category: Property Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE. ]]

How much is outstanding?

Did they ever write and say that amounts were overdue?
Customer: replied 4 years ago.
The amount due was about £450. I
They never told me I could not make partial payments nor did they advise between my November payment and my attempt to make payment in December that I would be handed over
Expert:  UK-Justice replied 4 years ago.
What does it say in your lease about payments?
Customer: replied 4 years ago.
It's my property and to be honest I do not know what agreement there is but I have made partial payments the whole 9 years that I have owned it
Expert:  UK-Justice replied 4 years ago.
Thanks.

And you have not gone any longer this time in terms of partial repayments?
Customer: replied 4 years ago.
I probably have yes. I just begrudge paying their legal fees as they have been terrible at communicating. They billed me for leak damage then said it was leaking into the ceiling of the upstairs flat! Then sent me a letter regarding the leak addressed to the owner of the third floor flat!
They have never sent arrears letters - only invoices.
Expert:  UK-Justice replied 4 years ago.
Ok.

You can write to the Solicitors and say that as you have been making partial repayments for 9 years that if the amount was payable upon demand that the management co have affirmed any breach.

Affirm is where there is a breach they have accepted it.

As you have been making partial repayments for 9 years they appear to have accepted this.

Further if they have never said anything then they consent to this. If they objected to it, then they should have done something about it before waiting 9 years.

As they have not, they have accepted any breach in terms of partial repayments.

You can also write and say it is unreasonable that they now pass it to Solicitors without any formal warning whatsoever whereas in the past they have accepted partial repayments.

So continue paying as normal but say you will not be paying any fees as their clients have affirmed and consented to partial repayments over the last 9 years.

That should resolve it.

I hope this helps.




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Customer: replied 4 years ago.
Thank you I will try this
Expert:  UK-Justice replied 4 years ago.
Welcome
Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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