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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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HijoD

Eon uses my medical records to provide me a smart meter.

style="text-align:center;"> Please note that this topic has not had any new posts for the last 387 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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My energy supplier is Eon Energy. They have been very aggressive to try to provide me a smart meter. They come and visit me and want to talk to me but they never make an appointment. They call me all the time. I am most upset that they also decided to get in touch with my psychiatrist. I have no idea how they even know the name of this person and the contact details. Needless to say that I am horrified.

 

I have sent Eon Energy a SAR request but no reply at all. I have contacted them by sending them letters and complaining about their behaviour but no reply. I have chatted with them online and I got the transcripts. All Eon Energy wants to do is to talk to me. But I don't like talking.

 

I feel that my privacy has been violated. I don't think Eon Energy needs to contact any medical professional and get my medical records so that they could provide me a smart meter. I don't think I even need a smart meter.

 

How would I handle this matter? Information Commissioner's Office? Energy Ombudsman? Or something else?

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This sounds pretty extraordinary. Can you tell us more about the SAR.

 

When did you send it, and what exactly did it say? Are you able to post copy up here in PDF format

 

Also, do you know for certain that they have already contacted your psychiatrist? Tell us more about that.


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I'm not too sure why the OP starts a thread asking for help and then doesn't come back and engage with this thread to get some of the help that's on offer.


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I sent a SAR in September 2018 and I never got any reply. It was sent recorded and to the right address. I simply wonder why anyone did not take any notice. I cannot be the only person who sends a SAR to Eon Energy.

 

Yes, I know for certain that my psychiatrist was contacted by Eon Energy because my psychiatrist told me that she has been contacted by Eon Energy. She also confirmed it in writing.

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Thank you (BankFodder) to remind me that I don't engage with you or anyone one. I do my very best. I hope you do yours.

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Have you made a complaint to the information Commissioner? I suggest you do so. Do it initially on the telephone and then confirm in writing. It will take them ages to supply you with a reference number and particularly then to allocate the complaint to an investigator – but you may as well get it going.

 

Secondly, have you confirmation that the SAR was delivered? You sent it recorded delivery. Do you have a delivery receipt or some other evidence?

 

Also, what was the nature of the enquiry of your psychiatrist? How did they make contact – was it on the telephone or in writing?

 

Have you any idea at all how they might have discovered that you had been visiting a psychiatrist and also the identity of that person?


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I used the ICO's website and their SAR sample. I sent my SAR request to Eon Energy registered mail with the tracking option. I mentioned earlier on that it was sent recorded. I have a proof of their signature and that it was delivered. I used the wrong word recorded earlier on. I have a receipt to prove it and I have printed out the signature of the person who signed it on behalf of Eon Energy.

 

My psychiatrist told me that Eon Energy called her to ask about me. My name was mentioned. She was very upset since she cannot say anything to anyone. Not even to a police officer.

 

I have no idea at all how Eon Energy knew about my psychiatrist. I certainly did not give them the details. It is very disturbing.

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Of course if you give your psychiatrist permission, then she can give you all the evidence and statements that you want. I understand that you already have something from her in writing.

 

Does identify the date, time, person who called or the questions they asked?

 

The next thing is – what would you like to do about it

 

You haven't told us if you have made a complaint to the ICO?


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I asked her to provide me evidence that Eon Energy contacted her in writing. She simply confirmed that she got a phone call from Eon Energy and the name of the person who called her in writing.

 

I have not made a complaint to ICO yet. I am here on this forum to ask help.

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Then please start off by making a complaint to the ICO – as advised above. I have no doubt that they will find in your favour although it will take some time. However, their decision – which will be issued provisionally and tentatively – will be of help to you.

 

Secondly, what would you like to do about it? Anyway you will make any headway here is to begin a legal action for breach of the data protection act. If you have the letter from your psychiatrist then I would say that your chances of success are extremely high and also I think you could claim a reasonable compensation

 

I hope you won't mind me remarking that if you are seeing a psychiatrist, then it suggests to me that you have some kind of stress or emotional et cetera problems. I think that this means that you have a certain vulnerability and this would be very helpful in assessing the amount of damages that you might claim for.

 

Is your psychiatrist prepared to give any written opinion as to the effect that this enquiry by eon may have had on you now or in the future?


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Incidentally, there is an eon customer service rep who visits this forum and sometimes tries to give help. Given the seriousness of your complaint, then I try to come into this thread possibly with a view to diverting you away to the customer services department.

 

I suggest that you resist that offer – if it happens – or if you do decide to accept their advice, that you keep us very closely informed. You need to understand – in case you don't already – that eon's interest are not in alignment with yours


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My psychiatrist noticed how upset I was when she told me that she got a phone call from Eon Energy and the name of the person who contacted her. I have not discussed about any written opinion with her. She simply confirmed in writing that she got a phone call from Eon Energy and the name of the person, date and time of the call.

 

I wrote to Eon Energy and complained (registered letter with tracking option) but they did not respond.

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Okay, complaint to the ICO as I have suggested above. Contact your psychiatrist and ask if she will provide a confidential written statement about your condition and about how this enquiry has affected you.

 

Finally, you need to consider my question as to what are you prepared to do about it? If your psychiatrist's report is sufficiently helpful than I would have thought that you could be looking for between £1000 and £2000 in compensation. Unless there is some really good explanation as to how they knew that you are visiting a psychiatrist and where they got the information from and the authority to call your psychiatrist, then I consider that this is an extremely serious intrusion and breach of data protection rules.

 

I think you need to decide if you feel that you are strong enough to go through the process of bringing a legal action. I don't think it would be very difficult. If everything you say pans out, then the substantive breach of data protection rules is pretty well proven and it then becomes merely a dispute over the amount of damages.

 

Of course we will help you.


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Thank you for your help. Much appreciated and valued.

 

I start with ICO. And I will mention this matter again when I see my psychiatrist next time.

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When is "next time". It is more than a few days away then I think that you should make special arrangements to make it happen more quickly.

 

If you want to move forward on this then you need to move as rapidly as possible.

 

You still haven't said if you think you are prepared to take legal action – but if you are then you will need to move very decisively and aggressively. You will find that our style is not to hang around. I'm afraid that this is the only way to dominate large well resourced companies.


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I don't know yet if I take legal action or not.

 

I contact ICO tomorrow. Today is almost over and their office is closed now.

 

I see my psychiatrist next week.

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Hello HijoD and sorry for the late reply. I've not been around CAG for several weeks.

I agree with BankFodder. This is a very serious claim and I'd encourage you to follow the advice given.

It's very odd we've not responded to your complaint and I'd suggest escalating this to the next level and then to the Energy Ombudsman if you're not satisfied with the explanation. There's more about how to do this on our website.

Ask the Complaint Manager about the SAR too.

We take our responsibilities in looking after our customer's details very seriously. Must admit, I've not come across any situation like you describe before where we've independently contacted a medical professional or any third party without a customer's express consent. If this has happened, it needs dealing with at the highest level. Hence, my recommendation to follow the complaints procedure right through to the Energy Ombudsman if necessary. This is in addition to raising a complaint with the ICO and any other action you feel is appropriate.

As much supporting evidence as possible will help.

Sorry again for the late reply HijoD and please go along with BankFodder's advice and follow this through quickly.

Malc

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