Jump to content


  • Tweets

  • Posts

    • a) Debit transfer into his personal account  b) i - yes     ii - yes   iii - initially quoted £25,000 - £30,000 for the whole job.  This escalated to nearly £44,000.  Would ask for money in stages for materials and labour. c) Runs a Ltd company with his wife d) Assets include van, own digger, dumper and cement mixer but kept in unknown location    Solicitor advised not to throw good money after bad as he could just shut down company.  
    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
  • Recommended Topics

  • Our picks

  • Recommended Topics

Leaseholder advice – service charge demand


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4782 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am hoping someone can advise me in respect of the service charge demand for 2009 and statement of account that I have received in respect of my flat.

 

I have received a very short letter from the managing agents on behalf of the management company.

 

The letter contains the following information:

 

· The address of the managing agent (but only a PO Box address)

 

· The name of the management company but no postal address at all

 

· A reference to the AGM of the management company in respect of a demand for payment of £997.27 in service charges for 2009 (a summary budget for 2009 was circulated at the AGM but a copy was not provided with the service charge demand for the benefit of the majority of residents that did not attend the AGM)

 

· Bank account details for payment

 

My questions are as follows:

 

· Should the service charge demand for 2009 have been accompanied by a summary of the proposed budget for 2009?

 

· Should the service charge demand have included the full postal address of the management company? My understanding is that ss.47-48 Landlord and Tenant Act 1985 require this. Is this correct?

 

· Should the service charge demand have included a summary of leaseholder rights and obligations? I understand that s.153 Commonhold and Leasehold Reform Act 2002 requires this from October 2007. Is this correct?

 

· If the above-mentioned legislation does apply, is it also correct that a failure on the part of the management company or its managing agent to comply entitles a leaseholder to withhold service charge payments until there is compliance with the statutory requirements?

 

Given that the 2008 service charge demand was equally vague, it should be fairly obvious why I am asking these questions but also why I need to be sure of my legal position.

 

In addition to the letter, a brief summary statement of account was also enclosed.

 

I have a long standing dispute over alleged service charge arrears and the summary statement provided to me continues to include a sum that I do not owe.

 

I have asked the managing agents on numerous occasions to provide a detailed statement of account showing individual service charge payments that I have made since as far as I am concerned not all of my payments have been accounted for.

 

The managing agents have not supplied this information but continue to instruct a debt collection company.

 

Could someone please confirm whether it is appropriate to submit a subject access request under s.7 Data Protection Act 1998 to the managing agent? Would this require the management company or its managing agent to provide evidence of each and every transaction on my service charge account?

 

I hope someone can help …. many thanks.

 

Richard

Link to post
Share on other sites

Richard, sorry the only question i can answer is you can send a SAR to the managment company and they have to respond within the allocated time

 

Manc1

 

Many thanks .... I will subit a SAR and await the response (or possibly lack of one) with interest.

 

I can feel a compalint to the ICO coming on already ....

 

Richard

Link to post
Share on other sites

  • 2 weeks later...
I am hoping someone can advise me in respect of the service charge demand for 2009 and statement of account that I have received in respect of my flat.

 

I have received a very short letter from the managing agents on behalf of the management company.

 

The letter contains the following information:

 

· The address of the managing agent (but only a PO Box address)

 

· The name of the management company but no postal address at all

 

· A reference to the AGM of the management company in respect of a demand for payment of £997.27 in service charges for 2009 (a summary budget for 2009 was circulated at the AGM but a copy was not provided with the service charge demand for the benefit of the majority of residents that did not attend the AGM)

 

· Bank account details for payment

 

My questions are as follows:

 

· Should the service charge demand for 2009 have been accompanied by a summary of the proposed budget for 2009?

I dont think so.

 

· Should the service charge demand have included the full postal address of the management company? My understanding is that ss.47-48 Landlord and Tenant Act 1985 require this. Is this correct

I think this is the case, you appear to be looking in the right place (the 1985 act and 2002 Comnmonhold act contain most of the current law)

 

· Should the service charge demand have included a summary of leaseholder rights and obligations? I understand that s.153 Commonhold and Leasehold Reform Act 2002 requires this from October 2007. Is this correct

Yes...You can legally withhold payment untill they comply with this

 

· If the above-mentioned legislation does apply, is it also correct that a failure on the part of the management company or its managing agent to comply entitles a leaseholder to withhold service charge payments until there is compliance with the statutory requirements?

You got it !

 

Given that the 2008 service charge demand was equally vague, it should be fairly obvious why I am asking these questions but also why I need to be sure of my legal position.

 

In addition to the letter, a brief summary statement of account was also enclosed.

 

I have a long standing dispute over alleged service charge arrears and the summary statement provided to me continues to include a sum that I do not owe.

 

I have asked the managing agents on numerous occasions to provide a detailed statement of account showing individual service charge payments that I have made since as far as I am concerned not all of my payments have been accounted for.

 

The managing agents have not supplied this information but continue to instruct a debt collection company.

This is odd !. NOTHING is legally owing UNTILL a LVT court has ruled it so, inform the debt collection company of this and warn them that any further contact with you will be deemed harrasment ..if they are actually acting legally on your Man companies behalf they would have to apply to a county court who would refer it to the LVT who would then make a decision on what service charges are legally owing, if you havnt received a summary of rights this will be zero !..

 

Could someone please confirm whether it is appropriate to submit a subject access request under s.7 Data Protection Act 1998 to the managing agent? Would this require the management company or its managing agent to provide evidence of each and every transaction on my service charge account?

I dont know about this, but im interested as Im trying to get more info from my landlord/man.co.

 

I hope someone can help …. many thanks.

 

Richard

 

Theres a brilliant thread in here going into service charges in great detail, lemme know if u cant find it.

 

Also check out landlordzone forum or lease advisory service sites.

 

Andy

Link to post
Share on other sites

Andydd , Would be helpful if you can find the thread relating to service charges, i am having probs with my managment company ,they have added large fees onto our account.

 

Manc1

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/113080-service-charges-dispute-suggestions.html

 

Here ya go.

 

Its called Service charge Disputes - Suggestions by Ed999, I found it a few posts away from you. It should be a sticky (admin guys ?)

 

Also be aware that the 'no summary' argument is good, although they have to do now or in the future is suddenly send you one and then everything is owing (well unless there are then further agurements as to why not).

 

Ive just written a strong letter to my landlord mainly disputing the insurance costs but other things as well, ill copy n post it up as you may find some usefull.

 

 

Dear Sir

Thank you for your letter dated 6th April and the enclosed insurance documents.

I am most disappointed that you have chosen to completely ignore my requests to insure the property with a more competitive insurance provider. As you have insured with the same provider using the same agent it is my assumption that you did no market testing and failed to obtain any alternative quotes at all.

I am also shocked to see that the insured value of the property has risen sharply to £xxx,000 and the rebuild costs to £xxx,000, both of these prices seem excessive given the current market conditions and I would like to know how these are calculated.

As I’m sure you are aware property prices have fallen over the last few years and there is also no evidence that rebuild costs have increased significantly, after seeking advice I have been informed that the rebuild costs would be in the region as previously stated, approximately £xxx,000.

Even when using the above figures as a guide I was able to obtain numerous like-for-like landlord building insurance quotes for the above property at costs of at least 50% - 70% less than the quoted £1250.60, it is well known that it is common practice for some sort of commission to be paid from the insurance agent to landlords, please let me know if this is NOT the case.

I have made no claims at all during the 14 years I have been at the property so this should also help in obtaining a lower premium.

Your quote our Insurance Advisers have been able to negotiate with Norwich Union to renew on the same terms’ implies that you are somehow doing me a favor despite the fact that the Insurance cost has now risen to an excessive and unreasonable amount.

As for the alleged outstanding service charges for the period 1st June 2007 – 31st may 2008, this contains many items that are simply not payable under the terms of the lease including but not limited to Accountants Fees, Interest and Account Admin Fees. The amounts charged for management and Building Insurance I also believe to be excessive.

Bearing in mind that there is no clause within the lease providing for payment in advance or on account, the service charge for the period 1st June 2008 – 31st May 2009 will be due after the costs within it are incurred and I receive the Final Income & Expenditure Account detailing these. I notice that your recent letter seems to agree with this position as you quote that the insurance premium will be invoiced to me at the end of the accounting period, which appears to contradict your statement that my lease ‘clearly does not state that the contribution should be after the costs have been incurred’ from your letter dated 8th September 2008.

Perhaps a start to a way forward would be for you to supply me with a detailed breakdown of the costs included within the two service charge periods, specifically including:-

· WHEN the cost(s) was incurred.

· A DATED RECEIPT showing the above billed to you from the company concerned.

· THE SECTION of the lease specifically showing that the above cost(s) can be recovered from me.

Also

· PROOF that you obtained alternative Building Insurance quotes.

· The supposed FULL DEED OF VARIATION showing the change in Ground Rent from £30 to £75 per annum.

· How any ADMINISTRATION FEES have been calculated and the extra work/costs that went into them to justify their amount.

 

 

 

 

 

Andy

Edited by andydd
Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...