andydd
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Everything posted by andydd
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Surely deny? You have a Railcard...there is a similar case of the transport focus website I recall..where the inspectors even refused the user to plug in her phone coz "it was the train companies electricity"
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Ground Rent is only payable if correctly demanded as per here > https://www.bradysolicitors.com/resources/downloads/ground-rent-demand-notice/ Extra admin fees are only payable IF the lease allows (most do not) AND if served with a valid demand as per here > https://www.lease-advice.org/advice-guide/summaries-rights-obligations-administration-charges-england/ even then they must be reasonable in amount I doubt your FH has complied with all the above, as suggested you only owe the GR but only if you were sent demand..Im not sure wether an email to you is acceptabe..,most Fh would send a paper copy to your property.
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You mention they didnt include the service charges - rights form as per here > https://www.lease-advice.org/advice-guide/summaries-rights-obligations-service-charges-england/ if so..then nothing is payable, also be aware if they try it on and ask for admin charges this requires a seperate and different form....assuming the lease allows such charges..most dont
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Best advice..dont be embarrassed..dont say or sign anything.
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MCOL is a doodle....far easier than paper..its a pity you can only start/do defence on there before it reverts to paper.
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Solicitors dont 'get' CCJs.......there has to be a court case where they have to prove you owe it and then you dont pay it before it goes anywhere near a CCJ, without ref numbers etc they wont win. Are the letters from CCJ or Mortimer Clarke ?
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Opodo doubled the flight prices overnight!
andydd replied to paulfoel's topic in Holiday & Airline companies
Surely Opodo take the money then they have to pay the airline..or do they block book airline seats first ? -
Yes..in Leasehold..the lease is assigned from one party to the next..so freeholders, leaseholders and managing agents may change but the debts are assigned to the next person..its even possible to buy a flat and find that you are responsible for previous owners debts (this is normally checked my your conveyancer). Yes any admin fee over 6 years old that you havnt paid towards or acknowledged you owe would now be statuted barred. In letter point out that you didnt receive correct summary of rights for service charges and/or summary of rights for admin charges so amount wasnt payable in first place. You paid the maintenance & insurance of £270 odd. The S146 costs is not valid as at the time they couldnt start breach/forfeit proceedings coz amount was under £350, in any event you paid the actual service charge..they cant add on admin fees to try and bring amount to over £350, see https://www.legislation.gov.uk/ukpga/2002/15/section/167 See (3) that says that admin/default charges cant be added on...so in reality the £350 must consist of pure service charges. Also that was years ago...if they were genuinelly going to pursue s146 forfeiture they should of gone to court/ftt to prove breach....it looks like theyve done nothoing.
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You need to know on what basis the above fees are being charged. Do you have a copy of the demand (re-dact personal info). Late payment fee. You would of had to be genuinely late paying something, and that amount would have to be owing and demanded correctly (S166 for GR, Summary of rights for service charge, etc). The lease would have to allow such fees, many if not most, do not. The demand itself would have to be demanded as an admin charge and come with admin charge - summary of rights The amount would have to be reasonable. Legal Fees Most leases allow S146/Forfeiture fees which can in some circumstances be used by the Fh to recover costs even if no legal action, the wording is normally "incidental to", BUT its a complex area of law and a FH would have to show you were in breach of the lease, owe over £350 (this cant be default admin/legal costs) and more importantly that he was genuinely pursing you for breach/forfeiture.
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I mean all the legislation does it allow different deadlines to request or receive the summary........its a bit irrelevant, whats more important is asking for and receiving (or not), in your case it looks like that arnt going to comply with anything anyway.
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Hi. The facts it would be a normal civil claim makes it easier, its easy to start a claim on MCOL online, should be about £25-£35 to start. You need to send a Letter Before Action first to see if you can sort out the issues.. there is an example template here > https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/Problems-with-goods---letter-before-court-action/ The official court version of the Pre Action Protocol is here > https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf although it assumes its business suing individual so its not 100% relevant but best to try and roughly follow it. You need to point out the money you are owed and ask them to explain how they incurred the alleged losses. Normally the Company will pay the Recruitment Agency (lets say £250 a day) and then they pay you (lets say £200 a day), so it could be the C hasnt paid RA but thats their problem..your contract is with RA. Im just about to have a look through some of my contracts to see if they say anything about witholding money..its never happened to me *touch wood* Andy
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How were you paid ?. Via your own Ltd Company or via an Umbrella Company ? i would of thought if its the former then this would be a civil dispute which you could just file a court claim, if the latter then it may involve the Employment Tribunal. Do you know if you were in or outside of IR35 ? Do you hold any liabilty insurance ? (I do IT contract roles and am required to hold liability insurance, obviously in case I cock up and blow up a server or something, not sure if it covers the "losses" alleged in your case) Andy
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My reading is the bit "the six month period mentioned in subsection (3) does not begin until any later date on which the statement of account (conforming exactly or substantially with those requirements) is supplied to him." says "IS SUPPLIED TO HIM" so I think it implies that the S21 summary is actually provided but the dates are just moved around. In any event its a bit irrelevant, you can send a S22 request if you want, they may well ignore it anyway..its unlikley they will say "we dont have to comply with s22 coz we havnt complied with S21" ! There are other procedures to try and get hold of documents, mostly in the pre-action/court process, disclosure, etc although many of these dont technically apply if its a claim on the small track
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You can escalate rail issues to Transport Focus - https://www.transportfocus.org.uk/ And from next month there is going to be a new rail ombudsman with more powers - https://www.raildeliverygroup.com/media-centre/press-releases/2018/469774228-2018-07-18.html
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If they have been sending demands to the wrong address then it depends if/how they had this information...if you clearly told them of correct address then the actual amounts would be owing but NOT any additional fees etc As its freehold then the usual leasehold/service charge protections dont apply, its purely contractual. You need to find the contract agreement that requires you to pay, does it mention additional charges etc ? I see there is similar post here > https://www.consumeractiongroup.co.uk/forum/showthread.php?467522-PDC-Notice-Received-under-Section-121(3)-LOP-1925.-Advice-please and here - https://www.consumeractiongroup.co.uk/forum/showthread.php?199765-Property-Debt-Collection-Limited What does the £500 sum consist of ?, how much is the actual maintenance charge ? I dont know much about Section 121..but on leasehold properties whilst its possible to threaten forfeiture its a long process with many safeguards built in.
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EErrr...Thats hard to get my head around. S154 is just an add-on making changes to the previous S22. - https://www.legislation.gov.uk/ukpga/2002/15/section/154 What you are asking is..can someone send a request to see docs under S22 if the FH hasnt complied with S21 ? I didnt think you could ..Paragraph (4) just moves the date around..I dont think it gives you a right to do S22 if they havnt done S21. Bear in mind not complying with s21 is a criminal offence..unfortunately your local Authority is supposed to do something about it but in practice, few do. The Lease Advice Site has template letter - https://www.lease-advice.org/template-document/leaseholders-request-written-summary-relevant-costs-incurred-section-21-landlord-tenant-act-1985/ And general info here - https://www.lease-advice.org/faq/what-should-a-summary-of-the-service-charge-account-under-section-21-of-the-landlord-and-tenant-act-1985-contain/
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Having looked at the hotel on Booking.com it does look so-so and the reviews are rather average too..there does appear to be a 'pool' even if it is only a meter wide....if I were you id put it down to experience..Ive stayed in hotels in Vegas area recently and some are good, bad and ugly but none Id complain about but deff some I wouldnt visit again ! Even if you could start legal action in the UK it would be a risk and not convinced youd get much back, maybe the offer thay have made so far is best youd get ? Andy
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I visited a hotel in the USA that had messed up my booking and I found Booking.com quite helpful, I phoned them, they phoned the hotel (who I heard being a bit argumentative), Booking.com then phoned me back and I said Id managed to find another hotel, Booking.com refunded me the difference.
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HHmm.. Having ready it there is a paragraph that is somewhat incorrect, Ive dropped the powers that be an email, wonder if it can be corrected ?
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https://beta.companieshouse.gov.uk/company/06958866/officers
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Found this > https://decisions.lease-advice.org//app/uploads/decisions/act85/7001-8000/7470.pdf Regalty (acting as a management agent here but not as the actual Freeholder) admit that demands sent out by them were invalid.
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Seems like they are playing silly buggers, who is your actual Freeholder ? So are they saying they are changing from one management company to another ? have you got a copy of the lease you could scan ? Could also do with seeing all the letters received to try and get my head around it all. Am I correct in saying..you havnt told us the name of the actual Freeholder yet ? The management company was Plumlife then Regalty Estates and will soon be Realty Property Management ? Andy
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So final outcome is all good. Compensation received. Plus I think its given Caboot a boot up the backsides..as Ive just received 2 letters from them, one is about this debt where they state they cant provide the agreement and therefore wont be taking any further action as they acknowledge they'd lose in court AND another letter about another debt with them which I reminded them is stat barred..they said this one is now closed completely. So 2 debts now gone (one technically still there but nothing they can do) and some compensation
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Hi. For any pure service charge cost..the stat barred limit is 12 years but for any resulting admin cost its 6 years as is ground rent. Im not sure about the 18 Feb 16 cost..whilst nearly all leases do allow costs to be claimed even if its not gone to court, most leases have wording like.."in contemplation of s146 or forfeiture costs"..BUT for them to "contemplate" you must of genuinely owed an amount of over £350 or if less for more than 3 years........this £350 amount is normally comprised of service charge costs..IF it includes admin charges then normally they dont count..i.e a landlord cant claim you owe £250 service charges....and then bump it up to £350 by added on £100 admin charges for late payment..the amount is still £250 and therefore the forfeit/s146 doesnt apply. Also even if s146 did apply..they have to show they were actually really contemplating it....and not just saying it to add on costs..there is lots of contradictory case law about this and its a right bloody mess !
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Brethertons charging £180 per letter!
andydd replied to HCEOs's topic in Residential and Commercial lettings/Freehold issues
So..extra admin charges for late payment are payable if... 1. Youve been sent a valid S166 ground rent demand..(there maybe an issue here of to whom/where they sent it) 2. You didnt pay it and the lease allows extra admin/legal costs..some do, some dont..have a good read. 3. The admin charge was demanded with correct summary of rights > https://www.lease-advice.org/advice-guide/summaries-rights-obligations-administration-charges-england/ 4. You can ask a FTT (previously LVT) if the amounts are reasonable..I think we'd all agree they are not. Your offer of £90 seems reasonable..theyd have a hard time persuading a court/FTT if they still perused legal action that the actual legitimate costs were more. *Id actually argue that employing a debt collector was not reasonable..after all they have no more powers than you or I..therefore it cant be a reasonable costs as it achieves nothing.
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