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T O P I C R E V I E W
bugsy
Posted - 28 January 2010 : 14:30:50 Hi there - just wanted to say this is the best site of the web...I was declared BR in Dec 08 and owed approx £1200 in service charges to a management company which I added to my list of creditors on the SoA form. I was discharged in Dec 09. The OR allowed me to retain the property as it was in negative equity. I am in the process of selling it as I cant afford the mortgage. Am I still liable for the service charge incurred before my discharge in Dec 09 or does the management company have no right to request it? Please help me.
3 L A T E S T R E P L I E S (Newest First)
gettingoutofdebt
Posted - 28 January 2010 : 18:13:38 I wouldn't have thought so but you should check any contract you have with them. As far as I am aware the management company will just act as caretakers of the building/surroundings so shouldn't be able to block a sale but it is always best to check any contracts.
The debt of £1200 would have been included in the BR. Any charges after that would normally need to be paid.
bugsy
Posted - 28 January 2010 : 16:10:31 thank you gettingoutofdebt. Thats what I was hoping you would say. Can the management company block the sale if there is a debt on the property? Finally, the debt at Dec 08 was £1200 and by Dec 09 (discharge date) the debt had arisen to £1800. Obviously, I put the Dec 08 of £1200 on my SoA. Which debt is written off, the £1200 or the £1800?
gettingoutofdebt
Posted - 28 January 2010 : 15:00:52 The service charge was included in your BR so it is now written off. If the Management Company are contacting you regarding this amount forward them a copy of your BR certificate and tell them the debt was included in your BR. If they still continue to contact them then refer them to the OR/RTLU.
