fullsteam
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I got my money back after a colleague in the company decided to pay off the debt. I was lucky because the chap in charge had no intention of settling up and disappeared. Your best bet is to contact the local trading standards and council where the company was originally set up (not where you live). They may have a case against him for fraud. This was the case with the chap who ripped me off. You won't get your money back but you can potentially help to expose the man behind this bogus property management company.
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Thanks for your reply which was very helpful. I have already spoken to the new agent who has tried to reassure me that an s20 was not necessary. He confirmed that the contract is for 1 year less one day. It is a 12 month rolling contract. He charges £1000 per unit (£3000 for the whole property). I don't have the apportionments at hand but I believe they are fairly even as each property is similar in size.
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I own a flat in a building with 2 other leaseholders. A few months ago, our managing agent left and with the support of one other leaseholder, I appointed a new one who has been doing a great job. The third leaseholder refused to participate in the selection process for personal reasons. Three months after the appointment, he's now saying that he will not pay any service charges because I failed to comply with a section 20 notice under the Landlord and Tenant Act. I went back over how I conducted the consultations and noticed that I did indeed fail to comply with stage one of the section 20 by not issuing a letter of intention. Instead, I jumped to stage two where I issued a notice providing 3 agents with quotes as well as inviting the other two come up with their own nominations. As contracts have now been signed and the new agent has firmly established himself, how do resolve this problem?
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Do I sue company on invoice or company who took my money?
fullsteam replied to fullsteam's topic in General Consumer Issues
Both companies are run by the same person but I was hoping that I had a legal right to sue the one which was not a limited company. -
Do I sue company on invoice or company who took my money?
fullsteam replied to fullsteam's topic in General Consumer Issues
Yes, the chap I had the contract with did sub contract out work which was completed very poorly. But I'm still not sure if I invoice the company on the invoice or the company to whom I paid the money. Both companies belong to the same person but only the one to whom I paid the money was limited. -
I had some work carried out in my property but it was completed to a very poor standard. I've asked for my money back but the tradesman has now terminated all contact with me. As I was gathering up files for my solicitor, I noticed my bank statement showed that I had paid a limited company with a different name to that on the invoice. In fact, the one on the invoice was not even limited. I'd like to know which company can I legally sue for compensation.
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I know for a fact that this company definitely pulled the plug on their advertising with the major rental portals at the same time they took the money from the tenant. Even with this evidence of wrongful trading, how can the directors of this company be brought to account if their defunct company has no assets? I'll have a look at the insolvency act.
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I'm not holding my breath for a letter from an IP. Although I know that their business account is still active and Companies House have agreed to keep their business active on record, a full six months have passed since the company stopped real trading and in the last few weeks, the company has removed its website, cut its telephone lines and closed down its emails accounts. They never answer their mobile. It's quite clear they want no contact. After doing some more research, I've discovered that the agency snatched my tenant's deposit at the same time they had already taken action to wind down their business. I did some enquiries with Prime Location, Right Move and other advertising outlets who told me the company had stopped paying their subscriptions at the beginning of the year. Does this suggest that the the company were 'trading' at a time they were insolvent. Is this in itself unlawful? I wish I could find a way to sue the individual or even a way to penetrate the so called veil of incorporation.
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I'm going to call the IPA tomorrow to find out if one of their members has been appointed. I don't know if it's a legal requirement for a company to employ one so I guess if not, there won't be one. But I need to find out. I will contact the DBIS tomorrow and see what they advise. I think even if I don't get the money back, the least I can do is report this con artist to the relevant authorities to reduce the chances of him doing something like this again.
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The money owing is the deposit which the agent collected directly from the tenant but failed to give to the Deposit Protection Scheme. I've since paid the DPS the money so my tenant's money is safe, but of course I want the money back from the agent. Surely the company/director has acted unlawfully here?
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