- May 31, 2005
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I have a question about the legality of something that the coop management is charging me. I'm going to set the facts straight first in cliffs format:
1) Purchased coop apartment in Queens NYC with gf nov. 2004. Maintenance bill begins.
2) Requested parking spot March 2005, a monthly charge of $80 was added to my monthly maintenance bill. No contract for garage monthly fee was ever signed.
3) Always paid on time for the next 3 years
4) Received a letter saying there has been a mistake on garage spot monthly charge. It should be $125 and will be adjusted on november 2007 bill. $80 was said to be a special rate for owners who has been living here before 1996.
5) I had no problems with that, pays bill on november 2007.
6) this past saturday I received a certified mail saying I owe them $45x32 months = $1440
7) I blew up in flames. Gf wants to burn down their offices.
I called them today trying to tell them how ridiculous this makes them look, I went off on the lady working there and then apologized to her personally but not to the offices because she only works for the office. I told her then to put herself in my shoes and see if she thinks this is reasonable. I told them what past is past, you invoice me for this much, I pay it and that's done. They cannot backbill me whenever they want. I asked her what if they come back to me next year and tell me the fee was actually $300 a month? Or what if I have been here for 10 years and the mistake has been made continuously then am I going to be held accountable for their stupid mistakes? She couldn't answer me and just says "I don't know what else to tell you" After going off on her she says the management could come up with a payment plan of some sort, but cannot take away the $1440 and this charge will begin to appear on my maintenance bill if me and my gf do not resolve it. If I do not pay the $1440 I will be charged a late fee every single month. How this is possibly legal is beyond my comprehension.
I reckon they are collecting this from me because they have my information. SSN, etc. because I own the coop. Outside renters probably does not have to give them this info. I assume they will threaten to collect this or else destroy my credit history (which is perfect)
It's not even the $1440, if it was my mistake I would pay it gladly. It's the principle.
I want to take them to small claims court, not to sue them, but to make myself safe from any collection attempts. Does anyone know if Small Claims Court would take care of a problem like this? Can the plaintiff be the one that is having their money collected? Has there been any precedence where someone being asked for money go to court as a plaintiff to safeguard himself from further charges or collection attempts? I just want a court order or intervention that claims that they are at fault, and that they cannot legally request me any amount of money for this mistake that they have made. I am not looking to sue them for any damages unless they start screwing up my credit history.
Comments? suggestions? thanks!
1) Purchased coop apartment in Queens NYC with gf nov. 2004. Maintenance bill begins.
2) Requested parking spot March 2005, a monthly charge of $80 was added to my monthly maintenance bill. No contract for garage monthly fee was ever signed.
3) Always paid on time for the next 3 years
4) Received a letter saying there has been a mistake on garage spot monthly charge. It should be $125 and will be adjusted on november 2007 bill. $80 was said to be a special rate for owners who has been living here before 1996.
5) I had no problems with that, pays bill on november 2007.
6) this past saturday I received a certified mail saying I owe them $45x32 months = $1440
7) I blew up in flames. Gf wants to burn down their offices.
I called them today trying to tell them how ridiculous this makes them look, I went off on the lady working there and then apologized to her personally but not to the offices because she only works for the office. I told her then to put herself in my shoes and see if she thinks this is reasonable. I told them what past is past, you invoice me for this much, I pay it and that's done. They cannot backbill me whenever they want. I asked her what if they come back to me next year and tell me the fee was actually $300 a month? Or what if I have been here for 10 years and the mistake has been made continuously then am I going to be held accountable for their stupid mistakes? She couldn't answer me and just says "I don't know what else to tell you" After going off on her she says the management could come up with a payment plan of some sort, but cannot take away the $1440 and this charge will begin to appear on my maintenance bill if me and my gf do not resolve it. If I do not pay the $1440 I will be charged a late fee every single month. How this is possibly legal is beyond my comprehension.
I reckon they are collecting this from me because they have my information. SSN, etc. because I own the coop. Outside renters probably does not have to give them this info. I assume they will threaten to collect this or else destroy my credit history (which is perfect)
It's not even the $1440, if it was my mistake I would pay it gladly. It's the principle.
I want to take them to small claims court, not to sue them, but to make myself safe from any collection attempts. Does anyone know if Small Claims Court would take care of a problem like this? Can the plaintiff be the one that is having their money collected? Has there been any precedence where someone being asked for money go to court as a plaintiff to safeguard himself from further charges or collection attempts? I just want a court order or intervention that claims that they are at fault, and that they cannot legally request me any amount of money for this mistake that they have made. I am not looking to sue them for any damages unless they start screwing up my credit history.
Comments? suggestions? thanks!
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