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    • Hello, Some might remember me I put up a post about buying a seat leon,   Anyway it has caused me hell!!   So I had a new dual mass flywheel and clutch fitted by   Formula one auto center    A couple of days later my clutch is slipping and making noises and smells, so I took it back to the garage and they have offered repair it free of charge under Warranty,   I have told them I had trouble getting the car into them for the whole day the first time they fixed it and I need my car,   I have asked them to provide a courtesy car but they refuse to provide it.   Under consumer rights act 2015    Page 23   paragraph 2   (A) do so within a reasonable time and without significant inconvenience to the consumer and,    (B) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials and postage)   They must cover the cost of this?   Thanks again    
    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx
    • OK, I will do now.   I did look to black out certain things, but I was not sure what I should and should not redact and there was nothing on there that was personal enough for me to be concerned with being made public. So I am happy for all to view, but if you are kind enough to redact what is needed as per the forum rules, that would be amazing.     I was planning on collecting up other court cases they have lost, to refer to as part of my evidence, I'm not sure if this is worth doing or could just confuse matters?   But there seem to be many where the judge has ruled against them because of confusing and not clearly displayed signage, trespass, as well as their charge being £100, which is more than the Bevis case said was reasonable.    A quick search found this article as one example KBT cornwall lose case article.pdf   Lastly, I will go to the site to get updated images, but from google earth, you can see from the pictures the entrance states it is for the hotel parking, which I follwed instructions and gave my details to the hotel. Where I think my car was parked (it was that long ago I'm not exactly sure) there are signs on the opposite wall, but it was 12.30am, pitch black and they could not be seen.           Claimants_WS.pdf
    • yes but have the landowner paid this years contract fee. no evidence they have in the ws. pop it back up now if you wish. the forum is quiet i'll redact it for you so we have the info.   dx  
    • Thank you all so much for taking the time to comment and help, I really do appreciate it.   Just to elaborate a bit more on the background, just because my lack of knowledge of the process might mean I've actually done things along the way that I did not know what they were and so hadn't mention it.    When they decided to go to court, I was offered mediation, which I took. I offered to pay the reduced rate, just to make it go away, but insisted it was not an admission of guilt, it was a goodwill gesture to save us all the effort of court. They refused and wanted £250.    A court date was set, but in Leeds, then a couple weeks later I received another letter saying it had been moved to London.   I was not aware I had any say in which court it would be held at, but I now understand i have good reason to request it is moved to a local one to me, which is also local to the offending place, I will call the court tomorrow and explain that. But so far I have only been told what is happening, I've not been given the choice for anything.   They seem to be going down the route of a contract breach, not trespass which is interesting. There is a document in the evidence which has the agreement between themselves which I assumed meant they can pursue me.    I am going to visit the site again shortly, at midnight the time of the offence and take pictures to build a case file of the route I took to enter the car park, how it is in the hotel grounds and no signs can be seen.    Am I right in saying, the fact they do not actually have any pictures of my car in the location they say it was in, just because all of the pictures they have were at 12/30am and it was pitch black, I am going to say my car was parked correctly in the hotel side, not on their land and it is then up to them to prove otherwise, which they are not able to do, because the burden of proof lies with the claimant I think?
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Simarc demanding 6yrs backdated ground rent - HELP!

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hi guys/gals.

 

Need some advice really...

 

I have a property I bought in 2006 - Ground rent was paid by the builder, barratts for the first year.

 

Since then It was my duty to pay the ground rent, this never happened due to it being taken over by simarc,

and them demanding that I pay the first years ground rent

 

- this dispute went on for many many years

- up until August 2011 when they admitted that the payment was made by barratts

(supposedly now it wasn't paid but they decided that they would let it go as they wouldn't get the money from barretts).

 

I have today offered to pay the outstanding balance of ground rent over a 12 month period as this is what I can afford,

the issue is that the ground rent owed (2007, 2008, 2009, 2010, 2011 and 2010) comes to £1080 in total. (yeah an extortionate amount but thats another issue).

 

What they have done is added on Interest in the region of £164.74,

plus arrears file prep at £110,

arrears letter £15,

obtaining office copy entries in relation to arrears £25

plus vat on top £30

 

so a grand total of 1432.87 (which I can't afford at the moment)

 

They are wanting to add this to my mortgage, but not something I really want to do,

I have offered to pay £1100 over a 12 month period but they will not budge and keep saying contact your mortgage lender.

 

Not sure where I stand legally, I've contacted the Leasehold Valuations Tribunal, not sure they can help but I do hope they can.

 

Any guidance at all would be great.

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PENALTY charges here can be reclaimed

they are unlawful

 

letters,

arrears prep file.

office copies.

 

dx


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I haven't paid them as of yet, how can I go about making them understand that they CAN NOT charge me for those items, what is the best course for me to take to get that figure down, and also how can I get them to agree to let me pay over a 12 month period?

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i cant see why not

 

there is no legal presedence

and it was not YOR mistake

 

i think we need help

 

i'll ask

 

dx


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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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hi guys/gals.

 

Need some advice really...

 

I have a property I bought in 2006 - Ground rent was paid by the builder, barratts for the first year.

 

Since then It was my duty to pay the ground rent, this never happened due to it being taken over by simarc,

and them demanding that I pay the first years ground rent

 

- this dispute went on for many many years

- up until August 2011 when they admitted that the payment was made by barratts

(supposedly now it wasn't paid but they decided that they would let it go as they wouldn't get the money from barretts).

 

I have today offered to pay the outstanding balance of ground rent over a 12 month period as this is what I can afford,

the issue is that the ground rent owed (2007, 2008, 2009, 2010, 2011 and 2010) comes to £1080 in total. (yeah an extortionate amount but thats another issue).

 

What they have done is added on Interest in the region of £164.74,

plus arrears file prep at £110,

arrears letter £15,

obtaining office copy entries in relation to arrears £25

plus vat on top £30

 

so a grand total of 1432.87 (which I can't afford at the moment)

 

They are wanting to add this to my mortgage, but not something I really want to do,

I have offered to pay £1100 over a 12 month period but they will not budge and keep saying contact your mortgage lender.

 

Not sure where I stand legally, I've contacted the Leasehold Valuations Tribunal, not sure they can help but I do hope they can.

 

Any guidance at all would be great.

 

Why did you not pay for the years after the first year ?

 

Were you sent a demand each year ?. If you were sent no demand then you had the legal right not to pay, the demand sent must comply with s166 of Commonholf & Leasehold Reform Act 2002..

 

 

166 Requirement to notify long leaseholders that rent is due.

 

 

 

(1)A tenant under a long lease of a dwelling is not liable to make a payment of rent under the lease unless the landlord has given him a notice relating to the payment; and the date on which he is liable to make the payment is that specified in the notice. .

(2)The notice must specify— .

(a)the amount of the payment, .

(b)the date on which the tenant is liable to make it, and .

©if different from that date, the date on which he would have been liable to make it in accordance with the lease, .

and shall contain any such further information as may be prescribed.

(3)The date on which the tenant is liable to make the payment must not be— .

(a)either less than 30 days or more than 60 days after the day on which the notice is given, or .

(b)before that on which he would have been liable to make it in accordance with the lease. .

(4)If the date on which the tenant is liable to make the payment is after that on which he would have been liable to make it in accordance with the lease, any provisions of the lease relating to non-payment or late payment of rent have effect accordingly. .

(5)The notice— .

(a)must be in the prescribed form, and .

(b)may be sent by post. .

(6)If the notice is sent by post, it must be addressed to a tenant at the dwelling unless he has notified the landlord in writing of a different address in England and Wales at which he wishes to be given notices under this section (in which case it must be addressed to him there). .

(7)In this section “rent” does not include— .

(a)a service charge (within the meaning of section 18(1) of the 1985 Act), or .

(b)an administration charge (within the meaning of Part 1 of Schedule 11 to this Act). .

(8)In this section “long lease of a dwelling” does not include— .

(a)a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (business tenancies) applies, .

(b)a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 (c. 5) in relation to which that Act applies, or .

©a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 (c. 8). .

(9)In this section— .

“dwelling” has the same meaning as in the 1985 Act,

“landlord” and “tenant” have the same meanings as in Chapter 1 of this Part,

“long lease” has the meaning given by sections 76 and 77 of this Act, and

“prescribed” means prescribed by regulations made by the appropriate national authority.

 

 

If you received no demand or the demand doesnt comply with the above then you can legally withold payment BUT it is possible for Simarc to later send a single valid demand asking for 6 years worth BUT all you would owe is the ground rent, no added on admin charges or interest.

 

So lets look at the admin charges, for any admin charges to be recoverable there must be a provision in the lease, so go find yours and have a good read through, also for interest to be claimable again the lease must make provision for this, no mention of admin charges or interest and it isnt payable.

 

AND to be payable the admin charges/interest demands must be accompanied by a "Administration Charges - Summary of Rights" , see here > http://www.legislation.gov.uk/uksi/2007/1258/pdfs/uksi_20071258_en.pdf , many freeholders forget this !

 

Now as for the LVT, they DONT have juridstiction over ground rent BUT they do have juridstiction over admin/interest as a result of failing to pay gropund rent, an LVt can conclude whether the admin/interest is payable and if it is, is it a reasonable amount (in my case an LVT concluded charges of £75 and the £130 were too high and reduced them to £25.

 

So you must find your lease and read through and try and understand it !, also look to see if ground rent demands were received by you and complied with S166 and did the demand(s) for extra charges come with the 'admin charges - summary' AND was it the right format & size (font 10) !?

 

Andy

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