Re site service charges for 2014 (Atrium invoice Jan 2014) Dear Alan, We are in receipt of your amended compilation invoice issued by Atrium Leisure Ltd. Theoretically to replace the 5 years previous invoices issued by your various companies, for the same services and over the same periods. Unfortunately you have not followed correct accounting procedures with this invoice. We do not propose to give you any additional information except to indicate that you invoice is not valid and is therefore considered void. There are also discrepancies in the figures for the preceding 5 years. You seem to have recalculated items add hock. As you have ignored all previous correspondence from us, on an annual basis, and have made no attempt to discuss or reach agreement on the points of dispute raised on each annual invoice over the 5 years in question then we can only conclude that you are deliberately creating a debt mountain for your own purpose. The problem here is that the debt is a false debt. This also applies to your current invoice issued by Atrium Leisure. If you have submitted past invoices which are in dispute, to your company accounts, without attempting to pursue these invoices or reach agreement on points of dispute, then you may have filed false debts. Similarly if you intend to file the current Atrium invoices as a debt without discussing points of dispute and issuing credit notes for past payments, to all Lodge Owners, then I believe this would also be a false debt. We believe that submitting false or ‘creative’ debt to HMRC would be considered to be a fraudulent activity with the appropriate consequences. We would point out that this supposedly ‘duplicate’ invoice shows an outstanding balance of £8671.47 . The figures for each year appear to have been recalculated ‘retrospectively’. It reflects no payments (credits) made to yourself or your various companies over this period, though this invoice clearly states it does. In our own case we saw no necessity for the invoices to be reissued and accept that your various companies were technically acting as a collecting agent for the freeholder. Our accounts have long ago been audited and all due taxes paid. We have no intention of trying to change or manipulate our own ledgers. We believe that it is against all principles to change the values of invoices issued in 2009, 2010, 2011, 2012 and 2013. If you are insistent on doing this then you need to do it properly and we suggest you employ an accountant for this purpose and take professional advice. There is a massive amount of work to do in order to achieve this. It is not a technicality. Should you wish to submit to us the original 5 invoices with no changes except a change of name for the issuing company, together with the appropriate credit note then we will annotate and attach them to our records for reference purposes. For the record, our annual site fees plus the RPI indexing have been paid in full for the years concerned. Issues of dispute and the reasons for the disputed amounts have been sent to you annually for the periods concerned. You have not responded to any of these points and for that reason, the elapsed time period and the failure on your part to pursue the original invoices, we have taken the view that you accept our reasons and the amounts paid on account as being the final and complete payment for the years in question. The question remains, did you file your company returns showing any outstanding amounts as a genuine debt? for the appropriate years. With reference to the annual site service fee. This was agreed, by covenant, for the respective freehold properties, Since it was agreed you have sold off the lakes, fenced off the golf course, closed the club house and are in the process of fencing off land surrounding the lodges. Our estimate is that the area you currently need to maintain has been reduced by 50% maybe more. We would argue that the site maintenance fees should also be reduced by 50% and we would consider an Independent Tribunal to look at this issue. We will be guided on this matter by the HFLO Management Company Ltd. who are acting agents for the payment of all dues to your management companies. We also note that on previous invoices, Waste collection is specifically referred to as being inclusive to the annual site maintenance fee. We note that you have included it as a separate item on your 2014 invoice. We do not believe this to be a valid charge. Our HFLO Management Co. Ltd have requested that we pay the 2014 site service charge plus the waste disposal (bin) charge (not agreed as valid) plus the Multi-occupancy sewerage charge (voluntary and not agreed). We note that you have not included any charge for metered water and there are no water meter readings. This amount will be passed to the HFLO Management Co. Ltd, acting as our agent, to be released to your companies as they see fit and by agreement with yourself. This response to your invoice has been delayed in the hope that your discussions with the HFLOM Co Ltd. on the 23 Jan 2014 would be positive. However we understand that your 5 Year Atrium invoice was not discussed. We hope you will reconsider this and attempt to reach agreement with the HFLOM Co Ltd. in order that outstanding issues can be resolved Yours sincerely
Posted on: Thu, 30 Jan 2014 16:29:44 +0000
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