Service Charges.

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Service Charges.

Postby WHU Independent on Tue Feb 05, 2019 12:40 am

Anyone here good for any advice?

I have not paid my service charges for 10+ years when I found out that some Leaseholders have supposedly got reductions in their bills because they appealed against some charges and got reductions. The landlords (an RSL) have said that they had answered my questions, the matter is closed and they were going taking me to court which with the legal fees and interest would almost double on high 5 figure arrears.Unfortunately the leaseholders will not back me up as they have signed a NDA to say that if they do, they will lose all their discounts.

Now I have the money to pay and am happy to pay some but they want all the arrears and state that they do not and never had reduced anyone's arrears. Now I didn't live at this property for a long period of time and have asked them to send me copies of the outstanding bills.They will do that will those that are for the last couple of years but the won't send me bills - with a full breakdown of the charges - for the earlier years - just the amounts owed. They have swerved the LVT (not given me the option) and have gone straight to the court route.

In addition, I have been forced into selling my house because they issued a CPO and made me sell - at a price that is ridiculously low. We had (what I thought) was a legal agreement that all arrears of SC's would be deducted from the final sale of my house upon completion - and the arrears collection was put on hold - lovely.

However, I have made myself a bit of a thorn in their side and have taken up the offer of a lease swap rather than cash, as I want somewhere else to live. We're going through the process of trying to find somewhere to live via a swap and all was good with the world, but now because of some of my "local activism" has upset them, they have said that the so called legal agreement we had re not going to court was not legal but an informal agreement as I have not completed by a certain date, which was over two years ago. So they are setting the solicitors back on me with threats of legal fees, admin charges and interest.

So has anyone any advice on

1) Rights of appeal against charges - is their a time limit? Can I appeal against charges going back to the 2000's and maybe earlier?

2) I believe it is their legal duty to show me how my bills are calculated - i.e. itemise what is spent in cleaning, block repairs, communal land upkeep etc. Can I force them to give me this information.

3) I was reading that if no attempt had been made to collect historic arrears they are not collectable? They never tried to collect any arrears off me at all and only started when the CPO was issued, in what I feel, is an attempt to force me to sell.

4) What techniques, ideas and suggestions do you have that will cause them a lot of wasted time and grief. I.e FOI requests etc.

Thanks in advance for any helpful suggestions.
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Re: Service Charges.

Postby WHU Independent on Tue Feb 05, 2019 12:42 am

Admins - can you please move this to the Snug please as I posted here in error. Thanks
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Re: Service Charges.

Postby sendô on Tue Feb 05, 2019 11:48 am

Mate, given the money you are talking and complexity I'd advise getting yourself a decent solicitor pronto.

I don't know the ins and outs but I'd say as a minimum they should be able to say how much and when each bill was due that they believe wasn't paid. They can't just turn up at court and go "yeah, WHID owes us, errrm, eleventy thousand, from, like, ages ago. He spent it all on vegan beer the rasclaart".

Have you ever paid anything? If so can your bank get copies of statements showing what you have paid?
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Re: Service Charges.

Postby europeanscum on Fri Mar 08, 2019 12:11 am

am in the industry and know when we sell newbuild RP properties the solicitors acting for purchaser are provided a full service charge breakdown which is passed onto their client.

I can't see why they wouldn't provide you with the breakdown in this instance so it is worth a try.
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