I will try to be a brief as possible with this query and would really appreciate any advice.
My husband owns an apt and is a member of a property management company. He paid a sum of money in Sept '04 when he purchased.
Early last summer he received an invoice for the next payment , which had increased by 72%.
We were unhappy with the service they were providing and made numerous calls requesting a meeting to resolve some issues.
We received a solicitors letter from them in July '06 stating they were taking legal proceeding to recover the money.
We contacted the solicitors and MC company again requesting a meeting.
Finally in Aug we met with the lady in charge, we told her we would pay the money on 2 conditions
1) we got copies of receipts for the services they were providing
2) Most importantly they held an AGM, at this stage they were a company for 2 years and had no AGM and no audited books of accounts.
We said we had no problem paying them but wanted an AGM first. I contacted the ODCE and he said they were in breach of company law by not holding one.
She agreed to this and agreed to contact the solicitors and stop proceeding and would be in touch in 2 weeks.
2 weeks later we called again and were told they were no longer the MC.
We contacted the new MC in Oct and explained who we were and that we owed money and were waiting on the AGM. Again they said this "was fair enough" and it would be held in a few weeks.
In Dec we called again and were told it would be at end of Dec, still no audit on accounts.
We called again at start of Jan and yesterday, still no idea when it will be held.
Anyway yesterday we received another letter from the solicitors stating that judgement papers had been lodged 5 days ago and we were liable for all costs of the action and they would have them published in the Sunday papers.
All along we have been upfront with the MC, we have done all the chasing, we didnt want a debt hanging over us but feel that we should be entitled to have an AGM held to discuss the situtation.
We dont know whether to just pay the money and let them away or try and fight it. The MC have no money because no one is paying (they tld us this).
As a gesture of good faith we had decided on Sunday to pay half but dont know what to do now.
I would really appreciate any advice, apologies for the length of the post (its still only half the story)
My husband owns an apt and is a member of a property management company. He paid a sum of money in Sept '04 when he purchased.
Early last summer he received an invoice for the next payment , which had increased by 72%.
We were unhappy with the service they were providing and made numerous calls requesting a meeting to resolve some issues.
We received a solicitors letter from them in July '06 stating they were taking legal proceeding to recover the money.
We contacted the solicitors and MC company again requesting a meeting.
Finally in Aug we met with the lady in charge, we told her we would pay the money on 2 conditions
1) we got copies of receipts for the services they were providing
2) Most importantly they held an AGM, at this stage they were a company for 2 years and had no AGM and no audited books of accounts.
We said we had no problem paying them but wanted an AGM first. I contacted the ODCE and he said they were in breach of company law by not holding one.
She agreed to this and agreed to contact the solicitors and stop proceeding and would be in touch in 2 weeks.
2 weeks later we called again and were told they were no longer the MC.
We contacted the new MC in Oct and explained who we were and that we owed money and were waiting on the AGM. Again they said this "was fair enough" and it would be held in a few weeks.
In Dec we called again and were told it would be at end of Dec, still no audit on accounts.
We called again at start of Jan and yesterday, still no idea when it will be held.
Anyway yesterday we received another letter from the solicitors stating that judgement papers had been lodged 5 days ago and we were liable for all costs of the action and they would have them published in the Sunday papers.
All along we have been upfront with the MC, we have done all the chasing, we didnt want a debt hanging over us but feel that we should be entitled to have an AGM held to discuss the situtation.
We dont know whether to just pay the money and let them away or try and fight it. The MC have no money because no one is paying (they tld us this).
As a gesture of good faith we had decided on Sunday to pay half but dont know what to do now.
I would really appreciate any advice, apologies for the length of the post (its still only half the story)