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  1. Hi everyone, following on from extremely similar cases, i requested documentation for service charges of a flat i own. Accordingly to regulations (Landlord and Tenant Act 1985 Section 21, as amended by the Commonhold and Leasehold Reform Act 2002 Section 152) they should have provided evidence within 21 days. 25 days later they sent me some receipts making up 25% of the charges. I asked them if that was all they had for that financial year and they confirmed this. So I had these checked and found usual irregularities like wrong calculations for shares and of course all the missing receipts and invoices for many of the services allegedly offered. For example, lift maintenance is £1000, divided by 10 flats they make it £15. Clearly wrong to me and you, but of course their calculators seem to consider maths an opinion. They don't dispute that these calculations are wrong, but they simply avoid addressing the problem. I asked for a refund of all undocumented charges and overcharged, same as I did with other financial years which they refunded. As soon as they received this request they sent another 3 receipts totalling £20 approx; this was well after the statutory 21 days. I rejected these receipt and told them that I was not in a position to accept any further documents because they had already confirmed that they didn't have anymore and the 21 days had passed long time ago. So they're now playing the ignore game and, as the 14 days I gave them are up tomorrow, I am drafting a lba. If you are still reading I thank you, I know it's a bit long but I wanted you to have a good picture. I have a feeling that this time I will end up taking them to court, so I don't want to make any mistake. My question is: Accordingly to the pre action protocol I should suggest an alternative dispute resolution service, however I don't want to give them an opportunity to get the Ombudsman involved, knowing that they are useless. Can I avoid mentioning ADR in my lba? If I do, could they claim that I haven't complied to the letter of the pre action protocol? Or by ticking yes to mediation on mcol I should be ok? Thanks for your help.
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