Management company threatens to clamp car

duke916

After a few months of being out of work, i fell behind in my annual management fees. Without notice or a final reminder, my car was clamped in October last year at a cost of 265euro per day. It was clamped on a Friday night and I was told it could not be removed until the following Monday until there was someone in the office. Total cost was over 400 euros! My blood was boiling however I came to an agreement with the management company that i would pay 150euro per month to settle the bill. Since i was in arrears with mortgage also, i had come to a similar arrangement with the bank with no problems.

So after contacting the agents again and again about my parking permit since, I had no response. ....until today. The directors want more money out of me per month or i don't get my permit (not that i had it before). Ive stressed on numerous occasions that i simply to do not have any more money and am paying back as much as i can afford. i am retraining and in a junior position so the money is terrible ...that i need my car to get to work, so no car, no work and no money. they seem so easy to ignore me, not look at the bigger (logical) picture and feel fit to do whatever they like. If i was making no effort or ignoring them i would accept this, but if the banks can be negotiated with, then why cant these clowns do the same and take fun in extorting money and holding people over a barrel. What can i do? what are my rights? Surely the money spent on having me clamped is better spent off the fees, but they fail to recognise common sense here.

Michael D Not Higgins

Is there somewhere else you can park the car til you sort out the other issues? Is the extra money per month to make up for the arrears in the annual management fees?

duke916

Michael D Not Higgins wrote: »

Is there somewhere else you can park the car til you sort out the other issues? Is the extra money per month to make up for the arrears in the annual management fees?

I could park on the public street and risk my car getting broken into or damaged maybe...
the money is for arrears, yes. but i am paying as much as i can afford. its a struggle as it is so why cant they just accept it instead of causing added stress? Would i be best contacting a solicitor? i was told that if clamping isnt on the deeds they they're screwed. I bought well before the clamping came in, which was to stop non residents parking cars there but it has turned and used against the residents themselves.

Michael D Not Higgins

I don't know the ins and outs legally, but I'd say if the management company brought in clamping for those without a permit and it was voted and passed then there is nothing wrong with that. You are obliged to pay the annual fees - are you currently paying the full amount? i.e. the amount for this year as opposed to the higher amount to recoup the arrears

No Pants

My understanding of these matters, limited as it is, is that the management company actually owns the parking spaces and allows the use of them. In which case, I'm not sure what a solicitor could do about it.

Park the car elsewhere. There is a slight risk of it being damaged in some way, but that risk exists at present and if you think that the management company will compensate you if it happens, you've a surprise coming.

There's a high risk that you will be clamped if you leave your car where it is.

The clamping cannot "be turned against the residents themselves" as the residents can stop the clamping if they all agree to it.

General areas only; where do you live and where do you work?

duke916

Michael D Not Higgins wrote: »

I don't know the ins and outs legally, but I'd say if the management company brought in clamping for those without a permit and it was voted and passed then there is nothing wrong with that. You are obliged to pay the annual fees - are you currently paying the full amount? i.e. the amount for this year as opposed to the higher amount to recoup the arrears

i understand i am obliged to pay annual fees otherwise i wouldnt have bought the apartment. fact is, like many others on this island, many have fallen short financially in some shape or form and companies like this should negotiate fairly, relating to what people can afford until such finances improve. other institutions can do it, plus it not as if I am ignoring the debt. its as much as I can afford. Simple. But in essence, it takes many months for a bank to repossess a house, even longer depending on the case whereas, these agents are holding people like me who are making the effort to ransom. They could easily turn around next week and say the new amount agreed isnt enough, now we want 'x' amount. Its ridiculous.

No Pants

duke916 wrote: »

They could easily turn around next week and say the new amount agreed isnt enough, now we want 'x' amount. Its ridiculous.

Do you not know what your fees are being spent on?

wrt40

The way I see it is other members of the management company, I.e your neighbours have no obligation to pay extra for your shortcomings. As harsh and cold as that may sound, your financial problems are not their problem.

duke916

No Pants wrote: »

My understanding of these matters, limited as it is, is that the management company actually owns the parking spaces and allows the use of them. In which case, I'm not sure what a solicitor could do about it.

Park the car elsewhere. There is a slight risk of it being damaged in some way, but that risk exists at present and if you think that the management company will compensate you if it happens, you've a surprise coming.

There's a high risk that you will be clamped if you leave your car where it is.

The clamping cannot "be turned against the residents themselves" as the residents can stop the clamping if they all agree to it.

General areas only; where do you live and where do you work?

Not true, the directors are the only ones to can stop the clamping until there is an AGM or if the residents get together and call an EGM asking for it to me removed. Directors can hide and ignore like they've done so before therefore there is no resolution. Agents left to do what they like.

Park the car elsewhere. There is a slight risk of it being damaged in some way, but that risk exists at present and if you think that the management company will compensate you if it happens, you've a surprise coming.

Where did i say i expect compensation??

No Pants

duke916 wrote: »

the residents get together and call an EGM asking for it to me removed.

I see a resolution to this clamping problem. The real issue you have is that your fellow residents appear to be happy enough with the arrangement.

duke916 wrote: »

Where did i say i expect compensation??

You didn't. I was illustrating the fact that the risk to your car is very similar no matter where it is parked. Good job picking up on the least relevant point.

Grandpa Hassan

Effectively your fellow residents have got you clamped for being behind on fees. Residents who pay their fees are just getting upset these days about people not paying their share (you have valid reasons for missing payments, as opposed to all the chancers out there, but it is unlikely any distinction will be drawn).

The problem is that residents now have zero patience. I am a member of my management committee, and we also have voted to clamp in this way. We are not (and I quote) taking "fun in extorting money and holding people over a barrel"....too many people don't pay and it is frustrating

No Pants

Grandpa Hassan wrote: »

Effectively your fellow residents have got you clamped for being behind on fees. Residents who pay their fees are just getting upset these days about people not paying their share (you have valid reasons for missing payments, as opposed to all the chancers out there, but it is unlikely any distinction will be drawn).

The problem is that residents now have zero patience. I am a member of my management committee, and we also have voted to clamp in this way. We are not (and I quote) taking "fun in extorting money and holding people over a barrel"....too many people don't pay and it is frustrating

The OP doesn't seem to know what his fees are even being used for, so I doubt that clearing his arrears are a top priority. Still, he has a couple of alternatives.

Paulw

It happens that people fall behind on their management fees. But, the best thing to do is to engage before you get behind on your debts. Obviously too late now.

Many management companies are getting very strict on debt recovery, since it is the item they tend to have to spend most time on. Usually it's because people won't pay, rather than can't, and they try using the poverty excuse. So, when a genuine case comes along, the management company directors have heard it all before and are sick of excuses. The management company needs everyone to pay their share, or else there are financial gaps.

But, you should put your proposals on paper, and write directly to the directors of your management company, and also copy your management agent on everything. That way, you are talking to those who actually make the decisions. Also, try using a third party to negotiate on your behalf. Maybe talk to MABS?

Until you come to a formal agreement, your options are to park elsewhere or risk being clamped.

No Pants

Paulw wrote: »

Until you come to a formal agreement, your options are to park elsewhere or risk being clamped.

Another option would be to get rid of the car. It would allow him to clear some of the arrears immediately, either on the mortgage or the management fees and would save him money every week/month.

It's hard to plead poverty and manage to run a car.

quadrifoglio verde

No Pants wrote: »

Another option would be to get rid of the car. It would allow him to clear some of the arrears immediately, either on the mortgage or the management fees and would save him money every week/month.

It's hard to plead poverty and manage to run a car.

He says he needs it for work, however I agree. Especially if one of the directors drivers a worser car than the op.

No Pants

quadrifoglio verde wrote: »

He says he needs it for work, however I agree. Especially if one of the directors drivers a worser car than the op.

That's why I asked this.

No Pants wrote: »

General areas only; where do you live and where do you work?

duke916

No Pants wrote: »

I see a resolution to this clamping problem. The real issue you have is that your fellow residents appear to be happy enough with the arrangement.


You didn't. I was illustrating the fact that the risk to your car is very similar no matter where it is parked. Good job picking up on the least relevant point.

Then why post something irrelevant to the subject?

duke916

No Pants wrote: »

Do you not know what your fees are being spent on?

Looking round the the development, one wpuld think that the money would be spent,on general upkeep, maintenance of communal areas, electricity, repairs,etc....im not that stupid to think that a complex runs on fresh air however,,im not thousands in arears here. The amount would br cleared in less than one year with the current arrangement. But my argument is that all of a sudden they've decided to just change their mind and ask for more which as said, i cannot afford. Regardless of what car i drive or whether it is or isnt better than what any of the directors have is laughable. Fact is, i understand money is needed, communication has been made and an agreement was put in place, suddenly to be told otherwise.

marieholmfan

Put a note on the car window saying clamps will be removed and destroyed.
Remove the clamp with an angle grinder and park wherever you want. Sell the clamp for scrap.

No Pants

duke916 wrote: »

Then why post something irrelevant to the subject?

Already answered.

No Pants wrote: »

I was illustrating the fact that the risk to your car is very similar no matter where it is parked.

If you have a difficulty with reading comprehension, say so now and I'll use smaller words and sentences from now on.

duke916

No Pants wrote: »

Already answered.


If you have a difficulty with reading comprehension, say so now and I'll use smaller words and sentences from now on.

Or you could simply comment on another thread, maybe something in a kiddies forum would suit. Im sure you'd be happy using your smaller words and sentences there.

The_Morrigan

marieholmfan wrote: »

Put a note on the car window saying clamps will be removed and destroyed.
Remove the clamp with an angle grinder and park wherever you want. Sell the clamp for scrap.

No No No No
If you want to advocate illegal behaviour please do so on your own blog - you are not to do it here on Boards.ie

No Pants

duke916 wrote: »

Or you could simply comment on another thread, maybe something in a kiddies forum would suit. Im sure you'd be happy using your smaller words and sentences there.

I'm fine, thanks for asking. I've made my points and I don't think any more are going to materialise. You have to pay your management fees or not park there. It's that's simple. Depending on where you work and your plans, declaring the car off the road for the summer months and saving the tax, fuel and maintenance could be an option to dig you out of a hole before the seasons change.

You should really ask the management company to see their accounts. It's your money they're spending. I don't know why they would agree to something and then change their mind. Maybe at the time of the agreement, the number of people not paying was smaller and the temporary loss could be more easily absorbed. Could be there's a large piece of upcoming maintenance due or they're looking to build up a sink fund. I don't know, but they should be able to tell you.

The_Morrigan

No Pants, Duke916 - take your squabbling to PM please, you're derailing the thread.

sparksfly

In our complex we had issues with some people in short term arrears due to job losses etc, but engaged in an agreed payment schedule, this is fine.

We also had some not paying at all with very aggressive attitudes as well..

We ( the management co in agreement with the residents/landlords) put swipe cards on the entrance doors to the blocks, the lifts, the waste bin shed and the entrance gate and we excluded the latter group from getting a card.

It was such fun watching them locked out of these areas.

Those in arrears now have a monthly card which is deactivated once the agreed payment is missed.

Everyone is now paying maintenance fees.

dubrov

It sounds like you are in a tight squeeze financially but you have the option of parking on the street.
I don't see why you should be entitled to use a parking spot if you are not contributing towards it.

Just park elsewhere and suck it up until your financial situation improves.

Dredd_J

It is not illegal to remove the clamp if you dont damage it.
There are people on boards who will do that for you with no damage.
Then you just charge the clampers a daily rate for storing the clamp until they pay the balance and collect it.
So either they stop clamping you or pay for their clamp, or you mind their clamos for them until they pay you.

But ... You should be paying your fees anyway.

No Pants

The threat of clamping is a minor inconvenience and now that they've alerted the OP that they're going to start doing it again, he is able to avoid it. However, there are other things that they can start doing/stop doing. Please see this thread for details.

I'm glad I have a house and I don't have to put up with this kind of nonsense.

Paulw

No Pants wrote: »

I'm glad I have a house and I don't have to put up with this kind of nonsense.

It's only "nonsense" if you don't pay your debts, such as your management fee. Those who pay don't have these hassles. :rolleyes:

Michael D Not Higgins

duke916 wrote: »

i understand i am obliged to pay annual fees otherwise i wouldnt have bought the apartment. fact is, like many others on this island, many have fallen short financially in some shape or form and companies like this should negotiate fairly, relating to what people can afford until such finances improve. other institutions can do it, plus it not as if I am ignoring the debt. its as much as I can afford. Simple. But in essence, it takes many months for a bank to repossess a house, even longer depending on the case whereas, these agents are holding people like me who are making the effort to ransom. They could easily turn around next week and say the new amount agreed isnt enough, now we want 'x' amount. Its ridiculous.

That's all well and good but how much are you actually paying? Are you covering this year's management fees? If not, then the arrears will continue.

Of course the management company want you to pay more. That's the only way you're going to clear the arrears. What would be your alternative? Just let them take whatever they can get?

Naux

OP - Who runs your management company?? Run by residents committee or run by third party property management company?

If it's run by a third party management company then you can be sure that they are charging a hefty fee each year to do so. Why don't you see if you can become involved in the resident committee(I assume that there is one) and give some of your free time(no financial cost to you) to help run the place?? Maybe ye the residents could take over the running of the place altogether and therefore reduce the fees for everyone? No idea of size or scope of your complex but maybe this would be feasible?