How do I get back overpaid Notice Fees to management company?

by Readers Question

8:59 AM, 8th April 2015
About 4 years ago

How do I get back overpaid Notice Fees to management company?

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How do I get back overpaid Notice Fees to management company?

Apartment leases require the notification to the LL’s management company on the occasion of a purchase and other events. On a detailed reading I found there is a provision that where there is a concurrent notification of title and charge, only one such fee shall be payable.

On rechecking the completion statements with two different firms of solicitors, I found that both had paid, and the management company accepted, a payment in respect of each. The solicitors have contacted the management company which has not responded.

Q1 presumably the inadvertent overpayment is not final?

Q2 as the ground rents are coming due on the 1st May (all the same mngt. co) could I notify of an intention to contra the overpaid notice fee against each relevant ground rent payment?

Q3 Failing the above should I simply require the solicitor’s firm to make reimbursement and leave it to them to chase?

Many thanks

Davidrefund



Comments

Neil Patterson

9:07 AM, 8th April 2015
About 4 years ago

Hi David,

I like Q3 as it will leave the best paper trail and stop confusion and time wasting later, which we all know will happen as admin rarely goes smoothly!

Joe Bloggs

12:00 PM, 8th April 2015
About 4 years ago

defo option 3. its your solicitors liability and you may need to make a formal complaint.

money manager

21:14 PM, 8th April 2015
About 4 years ago

Were they reading 118? Just as I was preparing to "go nuclear", hurrah, the mngt. co's legal department FINALLY ground into action and acknowledged the overpayment.

The key learning tip for me was, sadly, don't trust the solicitor to read or understand your property purchase any better than you should.

Joe Bloggs

22:07 PM, 8th April 2015
About 4 years ago

Reply to the comment left by "money manager" at "08/04/2015 - 21:14":

very true. solicitors are often hopeless.

Neil Patterson

7:41 AM, 9th April 2015
About 4 years ago

Reply to the comment left by "money manager" at "08/04/2015 - 21:14":

Your wish is our command 🙂


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