Housing assoc service charges. How to dispute?

[king12345]

I have a bit of experience with success of getting a large refund 50% of service charges.

 

You have to write to them at their head office a recorded delivery letter followed by a copy via email, just to nail them to the cross.

In this you will ask to see all documentation related to the service charges as per Landlord and Tenants act.

To make it clear you have to ask to see all evidence of expenditures for example receipts, invoices, etc.

 

You have 6 months time limit to ask this from the moment you receive the actual cost service charges which is usually around April.

They have a month to comply or 6 months from the bill, whatever comes later.

They will inevitably have non documented charges and you will inevitably ask for these back.

 

Once they give you the documentation, make your calculations and give them 30 days to refund.

If they don't, you send them a lba giving further 30 days and threatening court action.

 

At day 31 if they haven't paid you take them to court and you'll win hands down.

Most likely they'll pay you after the lba or at worst, once they receive the court letter.

 

2 things:

1. Don't ever talk to them on the phone unless you know how to make them say what you want and record the call.

 

2. Do not approach the Ombudsman as they will suggest. It's a waste of time.

 

In another case the Ombudsman agreed they had deliberately lied to me on several occasions causing loss of enjoyment of my property but they didn't sanction them, not even a slap on the wrist.

 

Use the court system and you'll get your money back.

 

Come back here for more advice.

[king12345]

Of course they will.

Engage in the ping-pong letter game and they will dig their own grave.

Contract that doesn't break down individual costs?

Nonsense, they must provide you with the percentage related to your property.

I guess they charge the whole lot to every single building using the same receipt.

Spreadsheet for electricity is not good enough, you want to see the actual bill.

[king12345]

Servicing and repair are 2 separate things.

All continuous improvement/repair/maintenance contractors must produce an invoice at one point, otherwise how do they account for it with HMRC?

Ask them this question.

Also you could send an email to the contractors and ask if it's true that they don't produce invoices.

It worked with me and I received an unequivocal response saying that all work is invoiced.

Once the management company gives you the runaround in a couple of emails, ask to see the contract and the percentage related to your building.

They already said they have this, so they must produce it in order to comply with your request.

[king12345]

Stu007, this is all well and good, but the matter is not whether they're cleaning or cutting the hedge, it's that the management company is overcharging and I bet they can't provide evidence of expenditures.

If they provide evidence of expenditures, then the op could look at complaining about work not being carried out.

That won't grant any compensation, but just the management company getting on contractors case.

Bottom line is that if they can't provide evidence of expenditures they must refund the charges.

[king12345]

When it's a matter of money I tempt to take a more robust and effective approach.

I communicate my concerns to them, gather evidence, then ask for money back in a recorded delivery letter followed by a copy via email.

If they don't comply I send a lba which usually does the trick.

If you submit a complaint about refund they will fob you off and then suggest you take it to the Ombudsman knowing that they will be a winner.

If you skip the Ombudsman and take them to court, they'll have reasons to say that they tried to avoid court by suggesting the Ombudsman.

If instead you don't give them a chance to involve their friend, the Ombudsman, at best they'll be going to mediation which is not biased.

I say this based on experience, whereby the Ombudsman had to conced that the management company had deliberately misled me in order to gain, but no sanction was issued.

In other words the Ombudsman said "we know they've tried to con you and lied in several communication, but we're not going to do anything about it rather than accept it"

[king12345]

Not really, courts are aware of the useless Ombudsman and regulation schemes.

Just think of all sofas cases we get here on cag.

Also by going to the Ombudsman and being denied a refund, gives the HA some ammunition to use in court.

Leave the Ombudsman out is my advice and if you don't start a formal complaint the HA would not even mention it.

Money matters are better dealt in a more direct way in my experience.

All companies have learnt how to find lame excuses to dismiss a complaint.

In my case the said that the 3 managers who deliberately lied to me had done nothing wrong, but the fault was of the company, an abstract entity.

The Ombudsman accepted this, fortunately this was not about money.

In another case, involving a refund I followed the pre action protocol and they paid up, no complaint, no opportunity for them to refer the matter to their friend (the Ombudsman).