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MatthewM1117
MatthewM1117,
Category: Law
Satisfied Customers: 341
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I have been trying to contact my less holder regarding my

Customer Question

I have been trying to contact my less holder regarding my service charge as I failed to receive paperwork for the last year. I has now been a year and they are demanding I pay last years and this years.
JA: Where are you? It matters because laws vary by location.
Customer: Essex uk
JA: What steps have you taken so far?
Customer: They have failed to contact me in the last year. I have tried to contact them serval time thought the year leaving a voice mail every time and even got though to some one in early May who took my details bur they still did nothing until I just got this notice
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: So far I have told them times and days I have tried to contact them, sent them call logs and told them I am willing to pay installments for the term 2021 to 2022 but 2020 to 2021 is over a year ago and they have failed to contact me
Submitted: 23 days ago.
Category: Law
Expert:  MatthewM1117 replied 23 days ago.

Good afternoon, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today.

As you have not received a response to your calls, I would advise that you write in as you have been unable to contact them on numerous occasions (specify the times and dates), in the same letter I would ask for a copy of their complaints procedure as they may also give you an alternative contact going forwards if you need to escalate a matter.

Customer: replied 23 days ago.
I have told them I will not pay for 2020 to 2021 service charge until I have corresponded with yourself. He (Nick McColl) has told me that my calls for 30s to 40s aren't long enough to leave a voice mail so they will collection proceedings.....help
Expert:  MatthewM1117 replied 23 days ago.

Thank you for the clarification, there are only limited situations when a leaseholder can refuse payment of the service charges without breaching the terms of your lease.

These are;

Where the demand does not have attached to it (usually attached to the bill for service charges)

Where the demand does not contain the landlord’s name and address for service.

Can you confirm why you are not paying the service charge?

Customer: replied 23 days ago.
I never received any paperwork and it is why I was trying to contact them. Should I just pay it?
Expert:  MatthewM1117 replied 23 days ago.

I would advise that you do pay this as you are likely to be breaching the lease, and an eventual consequence of this could be forfeiture.

Customer: replied 23 days ago.
I have requested paperwork again regarding the break down of payments with name and address on it. Waiting for. Response now
Expert:  MatthewM1117 replied 23 days ago.

Thank you for the clarification, if you wish to contest the service charge fee then you would need to make an application to a First Tier Tribunal, these are an informal court where landlords and leaseholders usually represent themselves.

Expert:  MatthewM1117 replied 23 days ago.

Hopefully I have answered your question but if anything remains unclear I will be happy to assist you further.

Customer: replied 23 days ago.
They haven't replied yet so I guess it will be tomorrow before they dao
Expert:  MatthewM1117 replied 23 days ago.

Yes that is probable, I wish you all the best and if you require anything further please come back to us.

Customer: replied 23 days ago.
Will do, thank you very much
Expert:  MatthewM1117 replied 23 days ago.
All the best.
Customer: replied 21 days ago.
Nick McColl still hasn't got back to me after I have asked him for paperwork. He won't reply to my emails or take me calls.
Expert:  MatthewM1117 replied 21 days ago.

How did he inform you that collection proceedings were going to be commenced?

Customer: replied 21 days ago.
Good afternoon Mr HardyThank you for the copy of the correspondence logs of your telephone calls.Your service charges relates to 01.06.2020 - 31.05.2021After reviewing the evidence of your call logs to our company I note the followingNearly all calls outbound from your phone supposedly to our number lasted no longer then a minute which is no enough time to connect let alone leave a voicemail as previously suggestedFurthermore the two that did connect lasted 4 and 9 minutes neither of which are voicemailsTherefore following to your written confirmation of refusal to pay I will be processing your account in full for collection today, which will further result in you losing the opportunity to pay next years charges by instalments.
Instalments are a concession made by the directors of the block and Abbeystone
Expert:  MatthewM1117 replied 21 days ago.

Thank you for this, have you responded back to this email/letter?

Customer: replied 21 days ago.
I stated and have proved it takes around 20 seconds to dona voice mail with them.
And have repeatedly asked for the paperwork.
I rang the receptionist they claim they dont have, a Mrs Magie Buttler, a few moments ago and she claims I should have something in the post and an email today/tomorrow.
I have given Nick McColl my number via email and a voice mail i left this morning.
I have been given 14 day as stated in his initial email to me but I am worried that after I have said I'm not going to pay it that he has already gone through the process of collection. Can he do that before the 14 day time period is up?
He has states that they sent me paper in the post last year but I haven't received it and its why I have been trying to contact him.
Expert:  MatthewM1117 replied 21 days ago.

Thank you for the clarification, no Mr McColl is not going to want to go through collection proceedings as this is likely to incur a cost. I would suggest maybe writing to Mr McColl but sending this by recorded delivery so he has to sign for receipt of this then you can ensure he has recieved the same.

Customer: replied 21 days ago.
he finally sent a letter and the break down of costs via email. I have paid the money as I as still putting it to one side every month just in case. I also requested that the letter be sent to my email address in future to avoid this happening again. It wasn't the money that was the issue, it was the demand and the threat of collection that worried me when I had repeated tried to get some paperwork.
Hopefully this is the end of it and I just hope I get this years paperwork now. If not I have this Nick McColls email address so can request it directly.
I did tell him that this could of all been avoided if he had just not called me a liar and sent me the paperwork again instead.
Expert:  MatthewM1117 replied 21 days ago.

I agree, there are certain ways to deal with matters and the way that you have described is certainly not best. Hopefully there will be no further issues but if so do not hesistate to come back to us at Just Answer.

Customer: replied 21 days ago.
Thanks Matthew.
Expert:  MatthewM1117 replied 21 days ago.

Glad to be off assistance, we wish you all the best in the future.