ACT Body corporate sent invoices to wrong address for 6.5 years and now want 5K legal fees to be paid by me

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jeesys

Member
13 April 2020
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0
1
Background:
  • I was living in a rented unit from 2008 Jan till -2010 June. And I moved out of this rental property to a different house in June 2010.
  • I had given a deposit to a developer for the purchase of an investment townhouse in 2009 June as a house and land package. And the address given for the contract was my then rental residence's address.
  • I settled the same property when the construction finished in 2011 January and gave it for rent through a realestate agency.
  • I never received any letter for the body corporate payments until April 2017.
Issue:
The body corporate company was given my old rental address from the initial contract by the seller's solicitor.
The body corporate company was sending their invoices to my old rental address and I wasn't aware of it and it continued for almost 6.5 years.
The body corporate kept on sending legal notices to my old address and each notice was costing me money. In total the legal costs alone have cost around $5000 over a 6 years period time.
Now the body corporate has given the case to a debt collection company and they have managed to find me somehow.

Whats Next:

I have explained to the body corporate company and the debt collection agency my situation. But they are not agreeing to me. They expect full payment of the legal expenses and the actual body corporate fees also. I am ok to pay for the body corporate fees, but not the legal fees.

My points for not to pay the legal expenses are:
I had given the updated correct address details to my seller at the time of the settlement of the townhouse.
Body corporate kept on sending the legal notices to an address to which I had no association with. They made no effort to find me when they knew which was the property address and the agency who was managing it. I can understand them sending the legal notices to the wrong address for a 1 or 2 year period. But can't accept the fact that they kept on doing it for 6.5 years.

Please advice what shall i do now...do i have any legal options.?
 

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
305
95
789
Ballarat, Victoria
Hi Jeesys,
I would just pay the body corporate fees, as it is generally legally impermissable tomorrow claim legal costs unless proceedings have actually been issued.
 

jeesys

Member
13 April 2020
2
0
1
Hi Paul,
Thanks for the kind response.
Does that mean that if i don't pay the legal charges, the body corporate has no way to get it from me if i am refusing to pay for it.

Please advise.
Jose