Received solicitors letter for management fees

queenm

I got a bill for my mgt fees a couple of months ago, and I e-mailed immediately to query certain aspects of the bill and request a breakdown. I got no reply. I e-mailed again, asking some more questions. I got no reply. I e-mailed a third time and sent a copy of the e-mail by post. I got no reply. I then, this week, got a solicitors letter giving me 14 days to pay my fees and a fee for the solicitor. I emailed them saying I had contacted the mgt company asking questions and only wanted my queries clarified and I was happy to pay what I owed. They at least acknowledged my e-mail.

Can I have some opinions? What do you think?

Paulw

Firstly, you have a legal obligation to pay your fees. So, you should pay them immediately.

Secondly you can then go get clarification on your questions.

Send a registered letter to the directors of your management company, and the management agent, asking for clarification on the points you raise.

If you do not get satisfaction, then you should get a quorum of shareholders together, and call an EGM, where you can either seek clarification or else elect new directors who will provide the necessary information.

How Strange

Unfortunately OP when you get the bill for the charges you have to pay regardless of the queries you have.

I completely understand that if you are paying out your money for a service and you have a query then you want the query answered before you pay. Afterall service charge invoices are usually quite high. However, you still have to pay up despite the queries.

Did the managing agent send you 3 statements and 3 reminder letters? If they did then they are entitled to pass your 'debt' onto a collection agency or a solicitor. If not then they haven't followed the appropriate procedure and the solicitors fee is not valid. A solicitors letter after 2 months would indicate that perhaps they jumped the gun passing on the 'debts' to the solicitor. Even when you pass on debts to a solicitor for collection it can take a couple of weeks for them to process the letters. If they jumped the gun then they are wasting money on legal fees rather than doing it in proper time.

As regards the managing agents not answering queries it's a common complaint. There is no regulation so often times you get MA's who just have no concept of customer service.

What can you do? Maybe send them a registered letter but definitely keep all correspondence and at the AGM stand up and ask the MA why they don't answer queries from the people they are working for - you as an owner.

It's not right or fair sometimes like when you can't get your queries answered but legally you have to pay your charges when you get the invoice.

queenm

I got a letter originally saying "Hello, we're the new mgt company", with an attached "statement" saying what I owed. I e-mailed them immediately asking what this was for as it was literally an amount on a page. I then got a "reminder" with the same "statement" attached. I have in fact never received anything that said Bill or Invoice on it. That is all I ever got before the letter from the solicitor.

Thanks for the replies by the way, good to know someone out there knows how to do things right.

Paulw

I'm a bit confused.

"New management company" ?? You have one management company (which shouldn't change from the time the place is first built until the place ends). And the management company hire a management agent to do the day to day work/administration. Your management company should never change only the agent can change.

You should be able to look up the management company information on the CRO website. You can then contact the company directors, and ask them who the management agent is.

Normally, the management agent will send you letters/invoices, but all fees are payable to the management company.

If you live in "XY Developmenet", then the management company tends to be "XY Developmenet Management Company Ltd" which is a legal company. The management agent tends to be "Z Management Company Ltd" or "Z Property Management Ltd".

Goesague

queenm wrote: »

I got a letter originally saying "Hello, we're the new mgt company", with an attached "statement" saying what I owed. I e-mailed them immediately asking what this was for as it was literally an amount on a page. I then got a "reminder" with the same "statement" attached. I have in fact never received anything that said Bill or Invoice on it. That is all I ever got before the letter from the solicitor.

Thanks for the replies by the way, good to know someone out there knows how to do things right.

Has there been a meeting of the management co? Was there a resolution passed concerning fees? An agent cannot simply send out a bill. A lot of those cases are not defended in court. When they are the management company often loses.

queenm

You're confused? Imagine my suprise to get the letter! Apologies the letter actually said "we have been appointed mgt agents". I've read every definition and I'm still confused between the differences! I've never been able to find the mgt agents or the mgt company on cro. I did find a company of the same name as the mgt agents on solocheck but at a different address so I have to assume they are one and the same. It's all a bit odd.

queenm

Goesague wrote: »

Has there been a meeting of the management co? Was there a resolution passed concerning fees? An agent cannot simply send out a bill. A lot of those cases are not defended in court. When they are the management company often loses.

No meeting that I have ever been invited to and none that any of the other people in the block I've asked are aware of either. Curiouser and curiouser.

Paulw

The CRO is the only correct place to search. Solocheck may be out of date.

Ok, so the management agent sent you a bill for your management fees. Nothing unusual there. New management agent - again, nothing unusual.

You should have a company AGM each year, which should provide you with a copy of the company accounts, and such. This is a legal requirement on the company.

You are also legally entitled to the management company registration details, which will include the company name (legally registered name), company number, and who the directors are.

You should also have details in your Lease Contract, which you signed with your solicitor. This would have the legal management company name in it, as part of the contract.

Anyway, you still have to pay your fees.

queenm

Paulw wrote: »

The CRO is the only correct place to search. Solocheck may be out of date.

Ok, so the management agent sent you a bill for your management fees. Nothing unusual there. New management agent - again, nothing unusual.

You should have a company AGM each year, which should provide you with a copy of the company accounts, and such. This is a legal requirement on the company.

You are also legally entitled to the management company registration details, which will include the company name (legally registered name), company number, and who the directors are.

You should also have details in your Lease Contract, which you signed with your solicitor. This would have the legal management company name in it, as part of the contract.

Anyway, you still have to pay your fees.

And if they don't appear to exist on the CRO website - cause for concern? I own the apartment so I will check the documents I got when I bought. My questions to them all related to what the charges were for, there is no question that services are provided, I only wanted a breakdown of exactly what I was paying for.Thank you for all the help

Goesague

Look at the lease. You pay management charges pursuant to a covenant in the lease. Have the terms of the lease been complied with in relation to calculating and notifying you of the charges? An agent can't simply send bills.

Moonbeam

They sound like the crowd we have that are based in Meath.
The sent us late letters before actually billing us.