Alex Watts : Hello Andrew my name is ***** ***** I will help you with this.
Alex Watts : When do the Solicitors say the demand was sent?
Alex Watts : Do the solicitors have any explanation as to why the DD was not collected please?
The solicitor has not given me any dates as to when the demand was sent. I have asked several times for copies of invoices statements and correspondence. So far this has not been forth coming.
No explanation has been given as to why the direct debit was not collected.
It is my assumption that there was an intention to revise the management charge and send a new direct debit mandate in January 2013. If this was the intention then nothing has been recieved. It is conceivable that the paperwork has been sent to the Flat. However our tenant is pretty certain that he has not seen anything of such nature.
When the original direct debit was sent out it was sent to the flat. I was able to retrieve it because it was unoccupied. I phoned the mangement company to let them know the correct correspondence address. I also confirmed this in writing because I was concerned that correspondence might be sent to the flat again in future.
I have a vague recollection of querying with the Management Company in Mar 2013 why the direct Debit had not been collected.And this may have been the answer given. I can't peove this though as I don't have a copy of my telephone bill for this period to check whether a call was made.
Alex Watts : It seems to me that if there is a dispute then they can try and take it to court. They would have to show a judge that not only was the demand served, ie produce the invoice but also explain why the DD stopped.
Alex Watts : A standing order is set up by you and you make automatic payments which can either be until cancelled or when a specific sum has been paid, A direct debit is actually called for by the company and then collected
Alex Watts : If this was direct debit they must have failed to call the sums owed and it therefore their fault.
Alex Watts : If they can not show when the demand was made or a chasing letter then you are not liable for these additional charges.
Alex Watts : They should be disputed and a judge can decide whether they are lying or not.
Alex Watts : Can I clarify anything for you about this today please ?
Thank you Alex,
This very much confirms my own view.
If the management company can not provide copies of invoices/ Statements and chasing letters it is very difficult to see how this can be legally recovered.