Managing agency demanding service charges from 6 years ago

[mochima]

Hi Siva,

Yes I can't believe it either! Not only that they didn't accept it but they said that the statements do not proof that the money came out of my account.. well... unless the bank is showing the transactions made by another person in my bank statement is hard not to believe that the money went out of my account.

In any case, they need to send me the supporting documents for the claim which I know they don't have, otherwise how can they claim I did or did not pay?

I've sent a copy to the lease advisory service so they can confirm whether the service charges are considered as rent or not. With this I will have more of a defence if I can't get by bank's info on the cheques.

[andydd]

Hi Siva,

Yes I can't believe it either! Not only that they didn't accept it but they said that the statements do not proof that the money came out of my account.. well... unless the bank is showing the transactions made by another person in my bank statement is hard not to believe that the money went out of my account.

In any case, they need to send me the supporting documents for the claim which I know they don't have, otherwise how can they claim I did or did not pay?

I've sent a copy to the lease advisory service so they can confirm whether the service charges are considered as rent or not. With this I will have more of a defence if I can't get by bank's info on the cheques.

But maybe a Judge would be satisfied with your eveidence.

[siva]

Yes I can't believe it either! Not only that they didn't accept it but they said that the statements do not proof that the money came out of my account.. well... unless the bank is showing the transactions made by another person in my bank statement is hard not to believe that the money went out of my account.

In any case, they need to send me the supporting documents for the claim which I know they don't have, otherwise how can they claim I did or did not pay?

A reasonable minded Judge should be very skeptical even if they do produce a valid demand from way back. Or a letter from the old agent saying you didn't pay. That is as long as you produce evidence (not necessarily conclusive) that you did pay. He'd be thinking why has it been so long? Now the defendant can't get proof from the bank!

Do you have demands for 2007 or later which fail to mention arrears? Or any statements of account? Or proof of payment for all later years. All this evidence paints a picture (to me) that on the balance of probabilities you paid in 2006.

I've sent a copy to the lease advisory service so they can confirm whether the service charges are considered as rent or not. With this I will have more of a defence if I can't get by bank's info on the cheques.

I think you've misunderstood what they were saying. Service Charges don't have to be reserved as rent to be protected by the statute of limitations. Give them another call to clear this up.

I once got told by the LAS that if service charges are reserved as rent then the LL don't need to get the LVT to determine reasonableness at the LVT before seeking forfeiture. The next time I asked I got told that I'd been given wrong advice the first time. I now generally phone a couple of times to see if I get the same advice each time.

I'm pretty sure there is something significant about service charges that are reserved as rent (that is not relevant here) but can't for the life of me remember what it is.