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    • Thank you so much. I hope this communication will help you advise me.   I have owned the garage since Nov 2016.    I instructed my solicitor to communicate with the management company. She raised issues regarding the costs, and requested an explanation as to costs. When they failed to respond and were threatening court action I sent a cheque in 2017. The lady (Emma from the pre-action dispute team at SLC) who I spoke to told me she had recieved the cheque and would provide an explanation. Between 2017-2020 I continued to get bills which I forwarded to my solicitors yet I did not get an expanation. Until 02/06/2020 this year when I recieved the following copied below. The issue I had with the explanation is that it talks about the need for maintenance of the garage and no maintenance has ever taken place.  Since that time the bills have escalated from £534 to £2400! (I have also copied the offer from my solicitors which highlights changes in reserve funds etc. Since this date they have acknowledge a small vat error yet still insist on these extra-ordinary charges and fees.)   Is there any possibility as this is in the small claims that they could escalate the bills still further?   Leter of explanation I recieved in June 2020 Our Client has a broker that gets multiple quotes from different sources and as long as they provide the correct legal liabilities and cover, they will of course go for the cheapest option as long as these requirements are met. They of course need liability insurance not just for their contractors but for the people that live on the scheme also. They also need to ensure that the level of cover is correct in case they need to reinstate the building like new in case of catastrophe.   Again the difference in cost could be due to certain liabilities they have to have for the garage if they were to ever having to use contractors to fix it, the superior Freeholder of the estate may also want certain covers in place which again would explain the difference. They of course will look into our policies on an annual basis to try and keep the costs down.   Our Client’s charges do vary from year to year due to the reactive nature of the maintenance done to the scheme, as the managing agent working on behalf of the superior freeholder, it is their responsibility to keep the scheme in a good state of repair, meaning that they have to proactively fix and maintain any issue found on site, which is paid through the service charge. The amount of work, as I’m sure you can understand varies annually, however more often or not as the building/buildings/estate gets older, more maintenance will need to be done to keep the estate in good quality so the costs of maintaining an estate and insuring it, also increases.   Our Client wishes to assure your Client that it is in their best interests to have the interest of the leaseholders at heart, and they welcome a mutual understanding when it comes to the scheme. They will continue to work towards keeping the scheme at the highest level of repair.   Our Client’s current statement of account is attached. Both our Client’s Administration fees, and our fees have been waived, however the balance of £534.53 needs to be paid in full.   Please could you ensure this sum is settled by your Client, as a matter of urgency.     Reply from my solicitors: Whilst you have provided us with copies of your client’s accounts for this property, you have not provided us with a basis for your costs as requested on several occasions. You mention that the allocation of your client’s costs includes the maintenance of the estate and the garage, yet our client is invoiced separately for the service charge to the property and the estate. Can you please explain this? You have also failed to address our following points in your response and would appreciate your cooperation in providing these: 1. your client’s insurance premiums; 2. in respect of the Accounts preparation fee and Audit fee which has been allocated to our client, we consider that the level of work required to take into account the six itemised factors (as stated above) to be completely disproportionate to the costs allocation. Can you please explain why such costs have been allocated to our client’s garage and detail the level of work required by your accountants. With respect to the reserve fund, we note that this is referred to under the sixth Schedule of the Lease however the determination by your client must be reasonable. In accordance with your arrears schedule on 19th July 2017 we refer you to a letter of around the same date (please refer to separate attachment “First Port Letter Re Reserve Fund (July 2017)”) whereby your client stated “We have reduced the annual collection for schedule 2 from £250 to £90 as we feel with the current reserve fund levels this is a more appropriate level. We have therefore credited your account by £53.33.” As we have mentioned previously, there does not appear to have been any maintenance or management actually carried out in respect of our client’s garage which would warrant a departure from the £90 in reserve fund contribution from July 2017 to present. It seems clear that not only should the historic figures be adjusted to reflect this but also that the accounts for future years should be prepared on a similar ongoing basis. Your client’s costs should therefore be adjusted in respect of each of the years in question and for ease of reference we have set out the calculation below: · July 2017 to June 2018, the reserve fund has been charged at £250.00 when it should have been £90.00. Therefore the reduction in your costs for this year should have been £160.00. · July 2018 to December 2018, the reserve fund has been charged at £125.00 when it should have been £45.00. Therefore the reduction in your costs for this year should have been £80.00. · January 2019 to December 2019, the reserve fund has been charged at £265.00 (a 6% increase), when it should have been £90.00 (plus a 6% increase of £5.40). Therefore the reduction in your costs for this year should have been £169.60. This totals £409.60 however taking into account that your client credited our client £53.33 on 19th July 2017, our client has been overcharged by £356.27. We also note that there is a VAT discrepancy in the sum of £36.00 from the arrears schedule sent with your correspondence on 22nd January and 9th March and the arears schedule sent with your email dated 31st March, yet there hasn’t been any adjustment in costs. We are therefore working from your original arrears schedule, that being £1,179.71, minus the £356.27 that your client is attempting to overcharge our client, thus bringing the amount due to £823.44. In the circumstances, it is unreasonable to expect our client to cover the legal costs in this matter. Your client has not been forthcoming with the information or explanations requested on several occasions. We are of the opinion that had your client been forthcoming your legal costs would not have amounted to £336.50. As a gesture of goodwill, our client is prepared to offer a reasonable contribution towards your client’s costs in the sum of £150.00. In the absence of your client’s insurance premiums, an explanation as to the costs for the Accounts preparation fee and Audit fee, and an explanation as to how the management fee has been calculated without any management of the garage actually taking place, we are mindful that these allocated costs are likely to be inconsistent with what would be deemed reasonable in the circumstances.        
    • Yes exactly, nothing after mediation - previously it was with Northampton Bulk centre
    • Well this is where the confusion sets in.......did they get that order in 2018 ?    Did they file the documents with the court ? If they didn't there is no amended new date on the order that they should comply with the order.   So you have an old Order with a new date...which in respect tells you nothing.   Reading between the lines looks like Portsmouth County Court is in meltdown hence all the errors. You stated you submitted a DQ but it was never processed to the N57 Notice of Allocation...so mediation then nothing.  
    • i think andydd was our expert on these things. i believe you have to carefully look at the tenancy agreement or whatever and see if it states admin fees are allowed. some do some don't  
    • Is there a website that lists speed limits at any particular day, I am looking for clockwise M25 junction 5 
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

K and Co unauthorised automatic insurance renewal


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Hi there folks, just wondering if you could help me a little.

 

I have had a account with k & co (previously great universal) for over 10 years now.

 

After having my laptop repaired i asked to extend the guarantee which works out just as much for a year as it was for the previous 4 years (but that's another matter)

 

Anyway, whilst in email conversation with a customer service rep, he mentioned that all insurances automatically renew when the policy ends.

 

I was totally unaware of this and could well still be paying insurance for items i no longer have!!!

 

Ive read the small print on the back of insurance policy's i was sent and it only states that guarantee will automatically renew if it has been extended yet the customer service rep states all insurances do it.

 

Im obviously digging deeper into this this and have demanded that they tell me exactly what insurances are still running and what is on the auto re-newel.

 

If it turns out that im still paying for items upto 10years on and wasn't made aware of the automatic renewal system, do you think there is any way of re-claiming the money back? Im livid as nowhere in the documents or insurance policy does it state the renewal happens with all insured items!

 

Thanks in advance, Amy.

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