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About Starstuff26

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  1. I wonder if I can ask for some help with a round floor flat....some months later I am finding that the surveyor has neglected to pick up that the basement is a fire trap because there is no means of window escape should there be a fire. Should a surveyor have flagged this up because it does not meet building regulations safety standards. The walls have been plastered and painted with wrong materials which is now causing damage to the walls and skirting as the paint is not breathable. Also I was advised that a DPC is required, however now told not to put one in as will make situation worse. Also the sound proofing is diabolical and my ceiling is showing signs of cracks and nails popping because flat owner upstairs has wooden floor stairs not covered with carpet. I cant afford to go to a solicitor at the moment so all help and guidance appreciated. Thank you
  2. Hi All, Thank you for all your help to date.... I have bought the flat from hell and I am now desperate to get out. There are only three flats and it has been a nightmare from week one where one of the directors is highly controlling and untrustworthy...very good at being charming to your face however good at being manipulative behind your back... There have been a number of not good management decisions made such as 1. Unregulated property manager appointed who took a BIG secret commission for the insurance policy.....I found out about this some months later and shared this with the directors and they did nothing about the situation such as sacking agent which they should have done. In fact they are going out of their way to defend him which is irregular. 2.Insurance broker bribed the property manager for the business and this inflated the policy. Again they think this is ok? 3. Now received a false defamatory letter from director making false claims that I have been abusive...which has really spooked me as I hardly know these people and I have never been rude to them. 4. Directors have been carless and made uninformed decisions and are hiding under corporate veil. 5. On the unregulated property management web site other people have commented on this company director stating similar issues to mine so I have tried to contact some of them to get some support. I want to sue the rogue property manager personally for fraud however I am not sure if I can as I took the complaint to FOS and the directors blocked it on the basis that all parties need to agree and as you can guess they did not. My gut instinct is I am being financially abused and they are all in it to together and no I am not being paranoid as I have some proof. I think I could bring an unfair prejudice claim against the company however how can I sue the deceitful property manager in the court? All help much appreciated as I am trying to prepare a pre-action letter however I am not sure if I can sue if all the parties do not agree to taking action? Hope that makes sense?
  3. I have received a response from Financial Ombudsman service who state this need to be determined by a court of law
  4. I have just received an update from FOS on the above situation...they stated the matter needs to be addressed by a court of law.
  5. Thanks for your help and the link is very useful....I am now contemplating making an application to the FTT bsed on unreasonable charges. Fraud means the secret commission monies were not disclosed to the principal - Me.....this always needs to be disclosed to any party. ..the contract was based on a bribe. ...this is fraud... ..the contracts were based on a bribe and dishonesty which means the contracts are based on unfair terms.. .Also the property manager was also the company secretary.. .he was in a position of trust and had a duty of care as well as the duty to avoid conflict of interests. He took advantage of his position.
  6. Hi Ethel, Maybe I can clarify the situation a bit more... ..the unregulated rogue property manager( I did not know this at the time) went out to the market to find a buildings insurance for flats. He obtained the insurance policy and asked me to pay the broker directly. So I did... as time went on and especially when the managing agent refused to let me have sight of the original policy documents.. .I started to look in to things further.and I was told by the FSA that there is a duty to disclose any commissions when asked to do so.... .after some time the broker stated that yes two commissions were applied. One to the broker and one to the managing agent. I was not aware of this, it was not disclosed to me when entering in to the contract. I then started to investigate the property manager and his qualifications did not exist, he was not registered with any redress scheme, I was told by FOS that to sell insurance or set up a policy and handle the administration of a claim you would need to be FCA registered. He is not I made a complaint about him to the FCA and RICS and Trading Standards. He is a Director of over 30 different companies at Companies House. He has misrepresented himself and taken the commission without anyone agreeing to this.. ..on challenging him he even admitted the monies had gone elsewhere. ...another bank account and yes there is no paperwork because the way these [problem]s can go I have learnt is that they directly invoice you as the broker did and then they pay the managing agent another way so you are not aware that this has happened. I now don't think the managing agent has a right to any monies - commission or his managing agent fee due to breach of trust and fraud. He also charged items to the policy which I am not obligated to pay for...again found this out after the fact. Also he is according to the broker. ..well known to them so he would not have gone to the open market to have got the best deal for me ...he would have gone to the market to get the highest commission for himself.... .the policy was not obtained at arms length and the commission I can see has influenced his decision making. The broker was wrong to secure business in this way. ..that is what a bribe is.. ..and it was not disclosed when entering in to the contract. So the contract has been based on unfair terms, the contract is based on fraud and not enforceable...
  7. Yes the broker confirmed the proof and I have it in writing Thanks steam powered. I want the recovery of the monies and rescission of all contracts as the contracts have been based on fraud. Contract with property manager and broker.
  8. Yes because I challenged him and he firstly said the monies would be for claims handling however when I checked him out because he did not stack up, I found he was misrepresenting himself as RICs, not registered with any complaints redress scheme, not registered with FCA which you need to be I went back to the broker and stated that under FSA rules if an insurance company is asked to disclose what commissions have been taken then they need to declare this so they told me. I have this in writing so I took this to FOS however how to get redress against a Director as they are hiding behind corporate veil. I even went to the Police and Trading standards they said its is a civil matter so how do I take a limited company to court? I think it is a criminal matter.
  9. Thanks.... I have explored all avenues... .FOS have accepted a complaint and done nothing yet! I complained to the Ombudsman -the property manager is unregulated and misrepresented himself as RICS and also not a RICS member... .the Director took a secret commission bribe and hid this and put it through a secret bank account where there was no paperwork. Also he obtained an insurance policy and included stuff which I am not obligated to pay for and because it was based on fraud the contact has been based on unfair terms and is not enforceable as such..... I have complained about broker as well to FOS and OFT.. .I would need to sue the Director and hold him personally liable but need to pierce the corporate veil...
  10. Hi Ethel Street, I contacted the Financial Ombudsman and they have only just started to investigate the matter so it will take months with no certainty of outcome...as can be law unto themselves! I have challenged everything now as I have realised that I have been charged stuff I am not obligated to pay and discovered that the two Directors running the show are not paying their monies for some stuff so they are in breach of their leases. Now one Director is making false allegation about me and its getting nasty
  11. Hi All, I wonder if you could help me with some legal guidance or sign post me to the best place to get help with a company secretary of an unregulated property manager who took a secret insurance bribe which I flagged up with the Directors of the property and are doing nothing about it.... I contacted the FCA as this company secretary should not be negotiating insurance deals as not FCS approved, the more I look in to his alleged qualifications, he does not stack up. The Directors have also charged for other stuff I am not legally obligated to pay for yet try to insist I pay and now it has become a dispute where they have made false unfounded allegations about me which are not true just before I have demanded a meeting to be held to challenge them....its harassment however now what can I do as they are clearly trying to put me in a bad light because I am challenging them? Could go to FTT and wonder if I have enough to get a manager appointed...does anyone have experience of going this route? Thank you for your help.
  12. Thanks for your response SuperVillian...I have submitted a complaint to the FCO and FCA and they are now investigating the Broker....I am going for Bribery Act, Fraud Act and Misrepresentation Act....I have also asked for rescission of contracts and damages.
  13. DOH! Thank you Andy...... So it would seem I can sue a Director or Company secretary on the grounds of fraud.....I have contacted the police who stated they do not have the resources so I am now going to file a letter of complaint to the IPCC as this is a fraud case with an insurance broker. Doe anyone have experience of any case law or experience of taking any insurance brokers to court? Thanks for your help.
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