It appears that the Head Of Customer Services, Chris Owens still fails to understand the issues at The Maltings
So here is a bit of law for you Chris?
Managing Agents cannot and should not start any legal action without instructions from their client, only the landlord or RMC is entitled to take action, which must be in their name.
So you see Chris, before taking legal action, you had to have instructions from your client? Where are those instructions?
And since it was proved that your "client" did not have locus over the disputed property, how could you have a lawful contract to manage?
If you change your managing agent, as soon as the contract ends, the outgoing agent has no legal basis to pursue any debts from leaseholders.
So I trust you understand that part, Chris.
However, the RMC or leaseholder can instruct the new agent to pursue arrears, but you will have to hand over all relevant documents proving the debts.
This is why it is important to get the outgoing managing agent to provide you with original (or copies)of all demands that have not been paid,proof that summaries of rights were issued, any correspondence about the debts and conformation of any arrangements agreed with debtors.
Presumably, Chris, that when transferring the accounts you did disclose "all relevant information", which would have included the court judgement?
It is for Firstport/Peverel to pay the disputed amount (£27,000) into The Maltings service charge trust fund.
It is for Peverel/ Firstport to then claim that back from their client if they so wish?
