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.
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.
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?
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.
Hi there - just wanted to say this is the best
Posted - 28 January 2010 : 14:30:50
