9:15 AM, 5th April 2018, About 5 years ago 8
I recently received a £90 charge for late paying service charge for a leasehold property for which I never received the service charge demand/invoice, but the management company claimed they sent it by email (an email in their sent folder).
I have explained to them that email is not a guaranteed system to deliver notice, and confirmed that I never received such a demand and therefore would be impossible for me to pay without receiving their demand. I also explained that my junk folder doesn’t have it either as my junk folder is not even cleared and consists of all emails before their claimed date when they sent the email to me. However they are not very understanding and insisted that they had evidence they sent it.
What’s my legal positions on this? It seems ridiculous that if en email was not sent successfully, there is no way I could pay without the demand. Shouldn’t they be held responsible to prove that they delivered the notice/demand?
I’m quite concerned as I do own many leasehold properties and many of them send out service charge and ground rent demand/invoice by email, if by any reason email is missing, it’ll be such situation again and again, and they don’t seem wanting to believe their email wasn’t sent to me successfully.
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