Management companies grrrrr

Joe's fanclub

Hi,

Can anyone help me with this, family member just called, very distressed, in financial difficulty, couldnt pay management company, offered to pay amount every month, missed one, fair enough, cheque now on it's way, here's the clincher, they wrote her a letter, saying they know what car she drives (which is old but nice) and they know she's getting building work done (bathroom renovation BECAUSE OF LEAK) so basically we want the money,

So called MC in question lost the bap, how dare they yada yada, guys response - among others - was well, she can't have it both ways, driving a nice car and in debt,

holy majoly - can this company get away with this?? They threatened her with a solicitor even thought she made offer of payment ?

Any help appreciated cause tbh this guy is an A**HOLE and would LOVE a can of whoop ass to open on him

:mad::mad:

preilly79

tell them:
1. somebody else pays for the car
2. the building work is being covered under insurance
3. to mind their own f'in business

Welease

To be honest, upsetting as it may be i would imagine they are perfectly within their rights to do so. It's difficult to tell from the timeline you have given, but it sounds like the cheque is only in the post AFTER they sent the letter.
It is probably a bit over the top for them to mention the car and renovations, but if she wanted she could always sell the car and stop the renovations which would have freed up the cash to pay them.. A good point made badly.
She has a contract with them, and it looks as though she has not kept up her end of the agreement. If they had not kept up their end of the bargain everyone would tell you to get a solicitor involved, in my opinion it should'nt be any different from the MC's side.. (this is just my opinion though, i am by no means an expert in this area)..

Joe's fanclub

Thanks - that's basically what I told him - car is 4yrs old - work had to be done because bathroom was leaking into neighbours apartment - but he was still so bloody rude - you'd love to have something to take these people down a peg or two :mad:

Joe's fanclub

Welease wrote: »

To be honest, upsetting as it may be i would imagine they are perfectly within their rights to do so. It's difficult to tell from the timeline you have given, but it sounds like the cheque is only in the post AFTER they sent the letter.
It is probably a bit over the top for them to mention the car and renovations, but if she wanted she could always sell the car and stop the renovations which would have freed up the cash to pay them.. A good point made badly.
She has a contract with them, and it looks as though she has not kept up her end of the agreement. If they had not kept up their end of the bargain everyone would tell you to get a solicitor involved, in my opinion it should'nt be any different from the MC's side.. (this is just my opinion though, i am by no means an expert in this area)..

Thanks, listen - she's her own worst enemy, obviously should have paid the bill but you know, she's nearly 60, worried enough as it is, I don't think humiliation is constructive, professional debt collecting is all

dade

tell yer man where to go that if they keep following you around that you will have to inform teh police. it's none of their business what car you drive or what work you get done on your home.

next highlight any issues where teh management agents have failed to carry out their duty and agree to payment when such outstanding duties are carried out. I mean is teh grass cut? jhave teh washed teh windows as regularly as they should? petty yes but F them.

also get teh name of the owner and deal with him/her direct on teh matter highlighting teh unprofessionalism and down right rudeness of yer man

jor el

Tell her to get together with the rest of the residents, and sack the management company. Then set up their own management company.

craichoe

Joe's fanclub wrote: »

Thanks - that's basically what I told him - car is 4yrs old - work had to be done because bathroom was leaking into neighbours apartment - but he was still so bloody rude - you'd love to have something to take these people down a peg or two :mad:

Santa Maria ..... 4 years old is OLD ..... that would be a new car for me

Mines 8 years old and i'm nowhere near done with it !!

Jip

jor el wrote: »

Tell her to get together with the rest of the residents, and sack the management company. Then set up their own management company.

If she hasn't paid her fees she has no voting rights.

jor el

Jip wrote: »

If she hasn't paid her fees she has no voting rights.

Voting doesn't come into it. The residents can put whatever management company they want in place, regardless of whether someone has paid their fees or not. Of course, anyone who still owes money will still have to pay up, but they don't have to continue paying the same company. The management company works for the residents, and the residents get to decide who that company will be.

Welease

True, but I doubt that the other residents would vote to change management companies because she received a solicitors letter for not paying her contractual obligations..

jor el

Welease wrote: »

True, but I doubt that the other residents would vote to change management companies because she received a solicitors letter for not paying her contractual obligations..

Don't know if it was a solicitors letter, the OP just said "they" wrote her a letter. Very doubtful it was a solicitor, as it contained lots of useless and inconsequential information about her car and building work being done. Including this information, in presumable a threatening manner, is very worrying for any resident, and the OP's family member should bring it to the attention of the residents association, and propose a change of management company.

cgarvey

Getting everyone in the building to vote for a new management company doesn't solve the issue that she's not paying her way, as contractually agreed.

Sure, they could have been more polite about it, but maybe they have been for a while with no result, we don't know.

OP, I fail to see how losing "the bap" is going to help your sister!

Mountjoy Mugger

It's not a company beginning with "W" is it?

jor el

cgarvey wrote: »

Getting everyone in the building to vote for a new management company doesn't solve the issue that she's not paying her way, as contractually agreed.

Yes, but the OP's question was can the management company do, and get away with, what they wrote and said, and not how to sort the issue of not paying the bill. As I said, she'll still have to pay what she owes, but she doesn't have to put up with an ignorant management company, if she can get the backing of the other residents.

Sizzler

Joe's fanclub wrote: »

Hi,

Can anyone help me with this, family member just called, very distressed, in financial difficulty, couldnt pay management company, offered to pay amount every month, missed one, fair enough, cheque now on it's way, here's the clincher, they wrote her a letter, saying they know what car she drives (which is old but nice) and they know she's getting building work done (bathroom renovation BECAUSE OF LEAK) so basically we want the money,

Regardless of what the context of the debt is any debtor who offers to pay a creditor an amount on a regular basis is demonstrating to pay and cannot be brought to court for non-payment, its a case of cant afford to pay versus *won't pay*, thats the subtle difference when it comes to civil proceedings.

Worst case scenario the person in question should go to MABS and get them to write to the MC on her behalf.

As for the snooping on her personal circumstances, frankly none of their business and highly unprofessional. Write to her local TD and get him/her on the case too

Paulw

jor el wrote: »

Yes, but the OP's question was can the management company do, and get away with, what they wrote and said, and not how to sort the issue of not paying the bill. As I said, she'll still have to pay what she owes, but she doesn't have to put up with an ignorant management company, if she can get the backing of the other residents.

It's up to the directors of the management company as to what management agent they use. It is generally changed by a vote at an AGM/EGM but can simply be done by the company directors.

While this management agent seems to be a little less tactful than could be expected, non-payment of management fees is an issue that most management agents are directed (by the management company and management company directors) to pursue aggressively.

If the fees are paid, then no one has a problem. If the fees are not paid, then it causes problems for everyone.

And, to change a management agent, you need to hold an AGM/EGM, at which point, only those with fully paid management fees are entitled to attend and vote on issues.

cgarvey

jor el wrote: »

she doesn't have to put up with an ignorant management company, if she can get the backing of the other residents.

Much clearer, ta. However getting that backing would be hard, I'd imagine. Back to my original point .. If I was in an apt. block, I wouldn't be considering the pleas of a non-payer as sole justification for changing the management company (I'd want to base that decision on annual reports, standard of upkeep, efficiency, etc.). Your point still stands, though, in theory at least.