Hi,
Without going into too much detail, I have a flat that I rent out. (I'm not a big time wealthy landlord, this is my only one!) Twice a year I pay a service charge and the management company have said that although I am welcome to set up a standing order, they advise that I should "wait for the invoice each time before making payment, as it will not always stay the same." I have paid their bills promptly for the past 6 years or so.
The invoices don't arrive EXACTLY every six months so when I didn't get one last Dec, it crossed my mind once or twice but with Christmas, New Year etc. it slipped my mind again. On 24/1/13 I got a letter warning me that it was overdue and that I would be charged £120+VAT if not paid in ten days. I logged onto internet banking and paid immediately. I called their office the next day to confirm and was told they had ALREADY applied the fee as more than 10 days had passed. That's when I noticed their letter was dated 7/1/13.
It took 17 days for that letter to reach me but if you recall there was heavy snow at the time and I assume Royal Mail had a backlog. A further letter dated 21/1/13 turned up on 28/1/13 and said the admin fee had been charged as I had not replied. To date, their original invoice has never turned up.
They say they have incurred a cost (writing a couple of letters?) but as I paid the bill within 24 hours of RECEIVING the overdue reminder, should I be liable to pay that?
The Commonhold And Leasehold Reform Act 2002 says that an admin fee is payable only to the extent that the amount is reasonable. Does the company have to SHOW that their fee is reasonable? I have asked them to provide evidence of 'reasonableness' (if that's a word!) on several occasions, but they have not done so. They won't deal with me on the phone and insist everything has to be in writing but they have not replied to two of my letters. In fact when I chased them for the evidence of reasonableness recently, they say they have not received a letter I sent them. Ironic or what???
They have agreed to reduce the fee by 50%, but that still leaves me owing them £72 and I don't see why I should pay.
They advised me to wait until an invoice arrives
No invoice arrived
A letter (eventually) arrived warning me it was overdue.
I paid within 24 hours
They have chased me again now, so where do I stand with this? I'd be very grateful for any advice.
Thanks