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    • Hi Guys,   Following in from my 17 page thread, that dates back over ten years, I am starting a new thread, at the suggestion of the site team. My issue relates the a) service charges relating to the Leasehold flat I bought back in 2006 b) a Managing Agent who is of questionable abilities as a manager of our block of flats. The Managing Agent has claimed £6k in fees to which (I think, as does the new Landlord) he was not entitled. I am wanting to get it back, and/or the fees on my account calculating properly which would leave me with a credit balance.  I am recently in receipt of a 4th claim relating to this dispute, with two of the previous three going 'no where'. The other one they won in default on 2011, but I successfully had that set-aside.They have not given me the money back though. It all started due to poor management of the block, and it transpired upon scrutiny that the management arrangements appear to be unenforceable prior to 2014. It's very complicated. This information is required simply posted, and not as a PDF, so here goes:   1.       BlurredFX Service Charge Saga 2.       Sept 2006 a.       In 2006 BFX buys a leasehold flat. His solicitor advises him that Ground Rent is payable to Landlord-one and Service Charges are payable, but to be wary of the service charges, as he is unable to confirm how they are being administrated. b.       BFX is sent a bill for service charges from PQR Managing Agent. BFX enquires as the legitimacy of the service charges, but is unable to get a satisfactory answer. The service charge requests are not complicit with the required legislation – such as the name of the Landlord. They are served in the name of ABC Management Company Ltd c/o PQR Managing Agents. c.       ABC Management Company has two Directors, both residents of the block in which BFX resides and to which this dispute relates. d.       Landlord-one is absent, except for Ground Rent requests. 3.       2006-2009 a.       Despite written and verbal requests, BFX refuses to pay any service charges until ABC Management Company are properly authorised by Landlord-one – because without such, he has no recourse or way to complain. b.       Demands are not complicit with the legislation. c.       The property was not properly maintained. For example, the lease obligations for an internal redecoration every five years had no been met. The obligations to maintain the exterior of the had not been met, and the timber double glazing was starting to rot quite badly. 4.       2008/2009/2010 a.       TUV Managing Agent Ltd buys out PQR Managing Agent (a sole trader, I believe). They seem to operate interchangeably for a few years, using different headed paper along the way. They seem to be interchangeable. It is the same personnel. 5.       June 2009 a.       TUV Managing Agent LTD, on behalf of ABC Management Company Ltd, file a court claim against BFX. [CLAIM2009] b.       BFX asks them to fully particularise their claim, including asking for details of who authorised them to manage the building and various other pertinent questions. 6.       10th August 2009 a.       BFX sends CPR18 – request for information to TUV Managinig Agent c/o ABC Management Company 7.       2009 a.       Hearing is scheduled for Jan 2010 [CLAIM2009] 8.       February 2010 a.       There is a hearing. b.       Ref: [CLAIM2009] c.       From the Court: IT IS ORDERED THAT the claim be stayed to enable the Parties to endeavour to reach a settlement if no application is made to restore by Tuesday 6th April 2010, the claim be struck out 9.       24th March 2010 a.       TUV Managing Agent sends BFX an agreement to sign, agreeing to pay. BFX does not sign the document. 10.   2010 – 30th or 31st March 2010 a.       BFX attends a meeting with a Director of ABC Management Company and Director of TUV Managing Agent. b.       BFX outlines his position, and suggests a verbal agreement to pay from 2006-2010 once the management of the block is properly administrated – my preference being the ‘RTM route’. c.       The other people at the meeting do not appear to understand. 11.   1st April 2010 a.       TUV Managing Agent on behalf of ABC Management Company write to the Court, asking that the claim be restored, claiming BFX has remained silent. b.       Notice of allocation from the Court, dated 15th April, for a hearing in July. 12.   July 2010 a.       On the day, a lady at the Court informs BFX that TUV Managing Agent has been on the phone, and said that BFX has paid the money and to cancel the hearing. b.       BFX had not paid any money at all. c.       Nothing more is heard of [CLAIM2009] 13.   6th October 2010 a.       ABC Management Co c/o TUV Managing Agent send a letter, after the Freehold Reversion of BFX’s block comes up for sale. TUV Managing Agent outline three options – do nothing, RTM, or buy the freehold. b.       BFX opines that it is not good advice, but is ignored. 14.   December 2010 a.       BFX’s health starts to visibly deteriorate. 15.   Late April 2011 a.       BFX is blue-lighted into the regional hospital, as witnessed by Director of ABC Management Company. 16.   Early May 2011 a.       TUV Managing Agent, on behalf of ABC Management Company, commence a new claim against BFX – literally within a week or so of BFX going into Hospital! b.       This is [CLAIM2011] 17.   August 2011 a.       TUV Managing Agent and ABC Management Company are awarded Judgement in Default. b.       BFX remains critically ill in Hospital. 18.   September 2011 a.       Letter from BFX’s Mortgage Company-One to BFX b.       “We have been advised by TUV Managing Agent that your Ground Rent and Service Charges of £6k-ish has not been paid.” Iy goes on to say pay them. 19.   September 2011 a.       In reference to [CLAIM2011] a letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “As the managing agents of BFX’s Block, I write to advise you that your client, BFX, is in severe arrears and therefore is in breach of his lease. c.       “A County Court Judgement was served on August 2011 in the sum of £6k-ish. A Copy of the Judgement is enclosed for your reference. d.       “I therefore request that this payment is now made in full by your client within 21 days, failure to do so will result in further action being taken and a Section 146Notice [sic] being served on Mr Piggin” 20.   October 2011 a.       Letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “Further to your letter of 25th October 2011, please find below the details of the bank account to make payment of the outstanding service charge and ground rent for the above property” [BFX’s property] c.       Mortgage Company-one makes a payment to ABC Management Co c/o TUV Managing Agent, for the claim amount. 21.   January 2012 a.       Landlord-one sells his freehold to Landlord-two. BFX receives a letter from Landlord-one’s solicitor. It states: b.       “…we write to advise that the benefit of the receipt of the ground rent payable under such Lease has now been transferred to Landlord-two to whom all future payments of ground rent including all arrears and the amount due from 2st January 2012 shall be payable to and whose receipt shall be a full and absolute discharge under such Lease” 22.   February 2012 a.       Landlord-one sells his freehold to Landlord-two. b.       Landlord-two writes to BFX stating that he owes Ground Rent since 2006. c.       That letter from Landlord-two to BFX also states d.       “While we have no wish to disrupt and current workable management arrangements we do have concerns in that respect as the building is not being managed strictly in accordance with the Lease provisions and although we would have no great objection to ABC Management Company Ltd continuing with the management of the structural and communal areas of the building we would be happier if the present informal arrangement, which could in theory be discontinued at any time by any party, could be formalised either by a Deed of Variation being entered into in connection with each individual leaseholder or by a complete Deed of Variation being entere into by all parties. We hope you will support a Deed of Variation and would request your written views in that respect. e.       “We were in direct communication with PQR Managing Agent prior to completion of our purchase and enclose for your information copy letter written to that firm on 11th January 2012. PQR Managing Agent have confirmed they have never received any ground rent payments and they are raising our ‘insurance concerns’ with X Insurer.” f.        The letter referred to above also asks PQR Managing Agent to make certain material disclosures to X Insurer. g.       In his letter to TUV/PQR Managing Agent, dated 11th of Jan, Landlord-two also states, h.       “As management is current [sic] carried out by you on behalf of ABC Management Company Limited, who are not named in the Lease and therefore maintenance obligations are unenforceable against or by that company, you may wish to give consideration to:” It then proposes a) a deed of variation, or b) Landlord-two becomes a client of TUV Property Management, and long term management is done that way. i.         The letter from Landlord-two continues: j.         “Finally, while we appreciate that you are not authorised to collect ground rent and indeed we assume you have not therefore been collecting ground rent, can you please confirm for the avoidance of doubt that you have never collected any ground rent payments from any leaseholder in connection with this building or, if you have collected any ground rent payments, can you please let us have details of such payments.” 23.   October 2012 a.       BFX makes an application for the Judgement to be set-aside, an account of his being hospitalised almost constantly since April 2011. b.       A hearing is scheduled. 24.   January 2013 a.       There is a hearing, the Judgement against BFX is set-aside. TUV Managing Agent and ABC Management Company do not attend. BFX has until February to file his Defence and Counterclaim, which he does. 25.   March 2013 a.       AQ’s submitted, and hearing scheduled. b.       TUV Managing Agent, on behalf of ABC Management Company is ordered to pay the hearing fee. 26.   18th April 2013 a.       Court orders unless TUV Managing Agent, on behalf of ABC Management Company pays the fees, the claim shall be struck out. b.       Letter from the Court: BFX’s counterclaim remains listed for May 2013. There is a hearing, and TUV Managing Agent, on behalf of ABC Management Company fail to attend. 27.   May 2013 a.       After a hearing, where TUV Managing Agent and ABC Management Company fail to attend, the Court orders: “The claim be adjourned generally with the liberty to restore on the application of either party.” 28.   2nd half of 2013 and 2014 a.       Various letter from TUV Property Management, and meetings of residents. It is decided by Leaseholders in BFX’s block that we should exercise our ‘right-to-manage’. 29.   17th February 2014 a.       Letter from a solicitor dealing with the RTM progress, it says Landlord-two now has 28 days to file a response. 30.   4th June 2014 a.       BFX Receives a letter from TUV Property Management it states: b.       “Please find enclosed a new standing order form for BFX’s block. c.       “We have opened a new current account for BFX’s block due to the Right to Manage coming into effect in 1st July 2014 d.       “The new standing order is to commence on 1st July 2014…” e.       It continues with pleasantries about cancelling old SO etc. 31.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.3k, the description on the invoice being ‘Account Adjustment: Transfer from previous Management Company’ 32.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.6k, the description on the invoice being ‘Account Adjustment: For period 4th July 2014 – 30th September 2014’ 33.   28th July 20014 (1) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.5k, having added £12. It states ‘Account Adjustment: Title Register’. b.       IT ALSO SHOWS BFX’s FIRST PAYMENT of 1 month’s service charges to ABC RTM Company Ltd as ‘Payment Received’ 34.   28th July 20014 (2) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.8k, having added £360 court fees. It states ‘Account Adjustment: Court Fees’ 35.   28th July 20014 (3) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £4k, having added £120 in court fees 36.   11th August 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX adding another £85. Description: ‘HM Court fee as fee is £205 not £120 – difference’ 37.   August 2014 a.       Following another emergency admission to Hospital for BFX, ABC RTM Company Limited immediately file a claim [CLAIM2014] for alleged arrears from 2011-2014. Approximately £4k. 38.   November 2014 a.       From the Court: Claim [CLAIM2014] stayed until February 2015, by which time the Defendant is to serve his Defence and in default shall file and serve further medical evidence supporting his inability to do the same. 39.   September 2015 a.       Claim stayed until end of October 2015 40.   November 2015 a.       Claim stayed until Jan 2016 41.   8th January 2016 a.       BFX makes an application for summary judgement [of CLAIM2014] that the claim be struck out, as it is a relitigation of [CLAIM2011] 42.   Feb 2016 a.       Transferred to local Court. 43.   31st March 2016 a.       There was a hearing of my application (I think) b.       From the Court, re [CLAIM2014] c.       IT IS ORDERED THAT d.       The hearing of today’s date be adjourned e.       The Claimant to file and serve a fully Particulars (detailed) Particulars of claim [sic] to set out the basis to the claim, entitlement of the Claimant to recover sums from the Defendant, detailing sums recovered and any outstanding payment plus other details which the Claimand may advise to address by 22 april 2016 f.        The Defendant to file and serve a detailed defence addressing the Particulars of Claim in paragraph 2 above by 12 may 2016 g.       If the Defendant wishes the application of today’s date to be relisted (upon consideration of the fully particularised Particulars of Claim), the Defendant should write to the court, at the same time as filing a defence, with a copy of this order, asking for the Court to relist the application for hearing with an estimated length of 1 hour 30 minutes (30 minutes of it being reading time). In the event that the application is relisted, both parties to file and serve detailed statements addressing the subject matter of the application 7 clear days before the hearing. 44.   17th May 2016 a.       From the court: b.       “IT IS ORDERED THAT The Defendants application be relisted in accordance with the order made on the 31st March 2016 on Monday 27th June at 15:30pm with an elh of 30 minutes,not to be heard by telephone” [sic]” 45.   June 2016 a.       I think there was a hearing, possibly. I am looking for the paperwork. I attended the hearing directly from a different regional Hospital to the usual one, where I was being treated for a brain infection. We got our heads bashed together by a clearly infuriated Judge, Judge advised ABC RTM c/o TUV Managing Agents to get a solicitor, tells BFX to be clearer in what he says. Nothing further was heard. Until… 46.   7th April 2017 a.       BFX has an invoice for 1066.00 from TUV Managing Agent c/o ABC RTM Company Ltd 47.   August 2017 a.       BFX mortgage sold from ‘Mortgage Company-one’ to ‘Mortgage Company-two’ 48.   13th September 2017 a.       BFX received an invoice for £5,000 for his share for new windows to BFX’s block. It seemed complicit with s20 LTA 1985 etc. BFX pays £5k. b.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not split as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. c.       N.B. BFX’s flat is in a conservation area, and the price reflects expensive windows, as specified by local planners. There were other attempts to put in cheap, nasty windows, but BFX was able to stop this by making informal representations to the local Borough Council – who in turn contacted TUV Managing Agents, who in turn eventually put in a proper planning application for proper windows, which was approved. d.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. 49.   12th October 2017 a.       BFX receives invoice for service charges (or statement of account): £4,800 approx. No payments are made by BFX 50.   25h September 2018 a.       BFX receives an invoice (or statement of account) for a total of £492. b.       It appears they have decided not to collect this amount 51.   March 2020 a.       Claim2020 from ABC RTM Company Limited c/o Company Director (not TUV Property Management) for £890 plus £70 Court fee. BFX has not been paying his fees because the management of the block is terrible.
    • Yes I know.  We would like the story posted up plainly on a post in a new thread with no attachment simply a step-by-step account of what happened and what led to the litigation. I think we can understand why this thread has gone on for 18 pages
    • I think he's hoping the attached pdf would be a satisfactory starting point for a new thread?
    • Please start a new thread so that you can post up a nice brief bullet pointed chronology of what happened which led to the litigation.
    • Hope it all goes well for her CB, let us know how she gets on.
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missy

Missy - v - 1st Credit

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Spot on MC, although it pains me to type it :(

 

:evil: At stupid judge for moving the goalposts!

 

But, I'm learning thanks to you guys 'n' gurlz and that's gotta be worth a big smiley :-)


The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi

 

Just an update on this situation. 1st Crud tried again to pass this on to a different DCA. I seemed to have put the brakes on that again by using letters found in the library.

 

As previously mentioned !st are still reporting this to CRA and I have a big black D every month since March 2009. Can I clarify that if I am prepared to sit this out then I only have untill Mar 2015 where the alleged debt becomes statute barred.

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SB comes in to play in most debt situations if you haven't acknowledged the alleged debt in writing, or paid anything off the alleged debt for six years... CAG does not advocate debt avoidance but we can, where possible, give you the information to help and/or seek help from appropriate organisations such as national debtline or CAB. If the debt collection agency, in this case 1st credit, breach your rights under the OFT guidlines, CPUTR 2008 or UCPD 2005/29/EC please report them to Trading Standards and the OFT via consumer direct because they are/were under OFT sanctions for unfair debt collection processes including issuing Statutory Demands and using the insolvency services as a method of debt collection that the OFT are very concerned with.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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Another update on this long running saga. Every once in awhile !st try all different permutations of threats. The latest one is to now threaten me with bankruptcy proceedings. I would like to now make a formal complaint against them and maybe even ask for a 3rd party to resolve this. Who would be the body that I complain to?

 

Thanks

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Another update on this long running saga. Every once in awhile !st try all different permutations of threats. The latest one is to now threaten me with bankruptcy proceedings. I would like to now make a formal complaint against them and maybe even ask for a 3rd party to resolve this. Who would be the body that I complain to?

 

Thanks

 

Formal complaint to 1st Credit followed by a complaint to the Financial Ombudsman service, if you're unhappy with 1st Credit's final response to your complaint. It will cost 1st Credit a case management fee of £500 (I think) if you do refer to FOS.

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As far as I'm aware the above response is correct although, of late, I have not kept up with OFT guidelines as I have been involved with multiple groups/organisations etc. mostly regarding the Welfare changes that IDSIOT is hell bent on bringing in to the very real and severe detriment to the very poorest and most vulnerable people in our society...


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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the fos will not decide as to whether your agreement is enforceable or not only a court can do that. They will however decide as to whether 1st C have treated you fairly or not following an unsatisfactory respose to your formal complaint


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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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the fos will not decide as to whether your agreement is enforceable or not only a court can do that. They will however decide as to whether 1st C have treated you fairly or not following an unsatisfactory respose to your formal complaint

 

Allegedly, 1st credit do not like Trading Standards, the OFT (had them under a list of sanctions for ages, not sure if they still have), FOS and they're scared s***less by the new version coming in with more teeth in April 2014 :)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Allegedly, 1st credit do not like Trading Standards, the OFT (had them under a list of sanctions for ages, not sure if they still have), FOS and they're scared s***less by the new version coming in with more teeth in April 2014 :)
so best way forward then to link your complaint to the OFT debt collection guidelines and consequently CPUTR2008 breaches, and then complain to the FOS and TS:lol:

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Ask 1st credit about the UCPD 2005/29/EC and the CPUTR 2008 and see how loud they scream... Mention this to the them as well - http://www.consumeractiongroup.co.uk/forum/showthread.php?147392-CCA-DCAs-and-the-Unfair-Commercial-Practices-Directive and ask them if they feel ok ;)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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well if 1st C as assignees dont think they are "the creditor" for the purposes s78 in this instance Jones v Link Financial may help to disillusion them:-)


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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well if 1st C as assignees dont think they are "the creditor" for the purposes s78 in this instance Jones v Link Financial may help to disillusion them:-)

 

BB v 1st Credit, on many occasions, should have disillusioned them, but they appear to have yet to grasp the fact that they are debt purchasers in many cases and are very often very wrong in that the alleged debtor is not their victim at all and have been proven so, scared off but then reappear when they feel like it :roll:


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Thank you to all who have offered advice. I have written again to !st and told them I am minded to make a complaint.

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Hi Missy,

 

I've been reading all the thread and have noticed that you'd been advised by a few to send for a SAR but all you've been chatting about is the CCA

 

You've never answered this from others, so now I'm asking? A simple yes or no .......... I've done one recently and its picking up anomalies.

 

Also you were asked about PPI and reclaimable charges, have I missed your answer? My SAR has shown up some.

 

NM

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I have agreed a partial settlement with !st with the agreement that they or anyone else does not chase for the rest of the disputed debt. This was in Feb and I just checked my credit file and the record is marked as PS (partial settlement) but it still says the account is in default. This is not what I expected. Will this account stay open with the CRA and be reported on every month as in default?

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A default will stay on your credit file for 6 years from the date of default. I have one with m&s on my file, they accepted a full and final of about 30% from me, marked it as partial settlement but the default is still showing, although m&s obviously don't update it anymore, my default is due to drop off this summer...

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Hi and thanks for replying.

 

I understand 6 year rule it's just that in the month I made the final settlement. They insist on calling it a partial settlement. this is what it looks like:

 

February 2014

PS

Partial settlement. The payment status has been reported as in default.

 

I an assuming in March there will be no other reporting and the defaults will start to drop off. The first was in April 2009 and so that will drop out in April 2015.

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The actual default won't fall off until 6 years after so will continue to show on your credit file but it won't be updated by the DCA. Mine shows it was last updated just after I made the partial settlement.

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