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A2Dominion - Housing Association property flooding - damning ombudsman report

https://a2dominion.co.uk/

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Hi

 

The main question that I need you to clarify from that response and it is important to this is did they have an Incorrect Email Address for you as they claim from that response? (this is the main reason they will not treat it as a Stage 2 Complaint if what they claim is correct which they would be right in stating)

 

If you reported this via there online portal then you would need to sign into there website to do so as I do with my own Housing Association and can update my online personal detail. Was your email address correct? (find it strange as when you done this you got an email response when you reported issues)

 

Just need to be clear before I respond further to that response from them.

 

Did you notice the admission they made in that response about the flooding ' I do appreciate that there was a blockage in your drain which exacerbated the issue within your property'.

 

 

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Hi Stu,

 

I can only assume they did have an incorrect email address for me, however, I cannot see how or when I could have given them an incorrect email address. 

 

Not only did I send my complaint letters(relating to this issue) in to them via email (from my correct email) as well as post including one email prior to their original response which I did not also send by post (which they clearly received as it was referenced in their first response), but I have also corresponded with my housing officer and the finance department from this email. When I first moved in the finance department lied to Universal credit that I was behind on my rent to get them to pay directly to A2Dominion.

 

So they were fully aware of my correct email address as they received complaint emails from it and I can't see where they got the incorrect email address from. Further to this, I can't accept that she tried to call me, as I did not receive any voicemails and she could have contacted my Housing officer or sent the response by post if it bounced.

 

I haven't used an online portal and don't have access too this, so I am very confident in saying that I have not given an incorrect email address to them (they had a random letter between my first and last name on my email address).

 

Yes Stu, I did notice that admission and to be honest, I don't know how they could deny it.

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Hi

 

Just to be clear from your last post you can clearly state your Email Address was correct and they were fully aware of it from all your emails and correspondence to the Housing Association even previous to this issue and your email address has not changed at all?

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7 minutes ago, stu007 said:

Hi

 

Just to be clear so from your last post you can clearly state your Email Address was correct and they were fully aware of it from all your emails and correspondence to the Housing Association even previous to this issue and your email address has not changed at all?

Hi Stu,

 

I have only ever used my current email address with them (using my full name) and no other email addresses. Same email to send in the complaints, same email to my housing officer, same email to the finance department. I have never used a different one.

 

Just by process of overthinking, I wonder now (but would be shocked) if I wrote it incorrectly somewhere when i first joined up, but find this hard to believe, especially as it was a random letter between my first and last name.

Edited by WanTToMoveOn
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Thank for that just need to be clear.

 

Just for info they may have stated they have closed the complaint but does not stop you challenging that response which as I expected they did not fully answer what was asked but only answered what they wanted.

 

Out of interest this person that responded do they have a title i.e. Housing Officer, Complaints Manager etc.

 

Leave this with me and I will get back to you on a response to them.

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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  • 2 weeks later...

Hi

 

As promised here is a response I have put together for you please fully amend as required

 

Dear XXXXXXXXXX

 

Complaint Reference: XXXXXXXXXXXXX

 

Further to your correspondence on XX/XX/2021 I find your response unacceptable for the following reasons:

 

You felt there was a data breach due to maladministration as we had the incorrect email address for you. As previously advised, the email was not sent to another individual but was undelivered due to having the incorrect email address. I   have requested a copy of the undeliverable message from our IT team. Once this has been received, I   will forward it to you. This has not been reported to our data protection officer as there was no breach. I  did also try to contact you by telephone to get the correct email address after it was returned to us, but there was no answer

 

I disagree with the above for the following reasons:

 

a) The Housing Association that sent it to the incorrect email address 
b) The Housing Association were fully aware of my email address as you have been responding to myself at my email address even when I initially reported this and had a response from your online portal.
c) This was a potential Data Protection Breach irrespective that it was undelivered and should therefore be reported to your data protection officer.
d) You were responding to my emails at the correct email address and the as previously stated when I initially report this and got a response from your online portal to my email address, you incorrectly sent the response to an email address due to typo errors in that email address by the individual that sent. 
e) If the individual that sent that email to the incorrect email address due to typo errors was yourself then you have a Conflict of Interest in dealing with this matter as it involves yourself and someone else should be responding to that matter therefore I require clarification if it was indeed yourself that sent the email to the incorrect email address.

 

You feel that this should be a stage 2 as your response was out of time due to having the incorrect email address. You received the response one week after it had been originally sent, once you provided the correct email address. This would not meet the criteria for escalating to stage 2. I  had already offered compensation of £25 for the delay in responding to your complaint. My colleague that reviewed this for stage 2 has advised that an additional £25 could also be offered to compensate for the delay caused by not having the correct email address.  Please note any compensation awarded would be offset against outstanding arrears in the first instance should there be any on your account.

 

I disagree with the above for the following reasons:

 

a) Your initial response was sent to an incorrect email address due to typo error irrespective that it was received one week later it was still out with the agreed stage 1 Time Limits therefore should be dealt with as a Stage 2 Complaint 

 

Contents insurance is the responsibility of the resident to arrange. You are aware when you take on your tenancy that your personal belongings are your responsibility to repair and maintain, not A2Dominions. As such, any insurance to cover these items would have to be arranged by the tenant. There is no requirement for us to advise of this. Your tenancy agreement gives a comprehensive overview of what is A2Dominion responsibility. Should you have any queries about these. you can refer to the document

 

I disagree with the above for the following reasons:

 

a) As I was not aware of this by your staff when I took out this tenancy but you point out I was made aware therefore I would like to be provided with evidence from my housing file that I was informed of this when signing this tenancy agreement. If you cannot provide this then you cannot state that I was made aware at the time of taking up this tenancy.
b) You point out their is no requirement for you to advise of this which I find astounding for any Housing Association to state this as they should be making any new tenant fully aware that Contents Insurance is required and the reason.

 

I  have been informed that the flood affected many members of the community that day. There were so many people affected that a local support group was also set up. This shows that the issue was widespread, not just limited to affecting your property and also proves that the issue stemmed from a wider mains issue. I do appreciate that there was a blockage in your drain which exacerbated the issue within your property, but as advised in my stage 1 response, this was attended within our urgent call out timeframe of 24 hrs. This was then passed back to Pyramid Plus as they were unable to dear the blockage, and follow on works were arranged. We are unable to attend to issues until we know about them, and we attended as soon as this was reported to us.

 

I disagree with the above for the following reasons:

 

a) In a previous response you blamed the mains water companies issue therefore not the Housings issue now you have changed it to a wider mains issue yet as I preciously asked to be provided with evidence again you have failed to provide that evidence.
b) The blockage which you have previously been in denial about and suddenly admitted and openly blamed the main previously you have know admitted. As this blockage I within your property boundaries and is inside internal in my property the Housing is responsible for that issue and the further damage caused.


In reference to your request for the previous reports by other residents, we would be unable to provide that information to you. We cannot discuss any reports by other residents under any circumstances

 

I disagree with the above for the following reason:

 

a) My request for how may tenants have complained about this you previously stated 'your system does not allow you to find this information' and now it is 'we cannot discuss reports made by other residents under any circumstances' I find this completely unacceptable as I did not ask this I only ask how many tenants had complaint about this issue whether it be one or ten as an example how difficult can it be as this does not breach any data protection laws and if you still insist on this approach then you can provide my with with full and I do mean full clarification as to your reason with which article and section of the data protection act you are using for your failure to comply with a reasonable request and your failure still to explain FOI.
 

 

  • Like 1

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Hi

 

I suspect and only an assumption from the individual that responded to you and the way in which that response was written I suspect that is actually the individual that sent said email to the incorrect email address and didn't like that you challenged this and their initial respnonse.

 

That response has not answered some of the things that were asked but then they drop themselves in it by there admission of your blocked drain exasperated why admit that in a response.

 

What they are trying to do is wear you down with they are right and you are wrong without still providing that evidence that you have asked for.

 

Just remember with them claiming the incorrect email address that you reported this via there online portal and had a response from them so how they can claim that is wrong as they obviously had your email address to respond to it even if it was an automated email response from them they still had your email address.

 

I hope you are keeping well and look after yourself and keep us updated with this.

 

You know where we are if you need any further help

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HI Stu,

 

I have certainly felt that she was not happy being challenged. 

As for trying to wear me down, I can see how effective a tactic this is, as without your help I would have given up in despair already.

 

Just to clarify though, I have never logged into or used an online portal. I sent in these complaint letters by post and by email. In my first complaint letter, I did not include the questions you initially told me to ask. I did this after via email only and pushing for a response (I also CC'd in my housing officer and the area manager). she responded to this content in her first reply, so there is no doubt she had my correct email.

 

I have had automated responses confirming they received these emails (apart from the first letter which I can't see on my email) as you alluded to in the letter.

 

Thank's again Stu and I will be back as soon as I receive a response.

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Hi just a quickie

 

Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?

 

If they haven't

 

Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure

 

 

Dear Sir/Madam

 

Complaint Reference: XXXXXXXXXXXXXXXXXXX

 

Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:

 

Copy of your Compensation Policy (not the leaflet)
Copy of your Complaints Policy (not the leaflet)
Copy of your Customer service Charter/Policy (not the leaflet)
Copy of your Public Liability Insurance (not the leaflet)
Copy of Repairs an Maintenance Policy (not the leaflet)

 

I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.

 

If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.

 

 

Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.

 

You are more than welcome to the help it's what we are here for, you just look after yourself and take care 

 

 

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HI Stu,

 

Thanks for this, and my apologies, I should have mentioned what attachments and documents were sent to me. 

 

In the last letter (post 25) she responded with a few attachments (the chase up request for which I added to the second letter) called:

 

Compensation Policy

Complaint Policy

Responsive Repairs Policy

 

In her first letter she gave a link for the customer standards charter (which seems to be their customer service charter)

 

I also recently received email documents in relation to the SAR requested.

 

So it seems the one policy they have not supplied is the:

 

Copy of your Public Liability Insurance (not the leaflet).

 

Should i chase this up with the above letter?

 

Sorry again for not mentioning what was sent to me

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Hi

 

Yup you chase up the Public Liability Insurance

 

Dear Sir/Madam

 

Complaint Reference:

 

In my letter dated XX/XX/2021 you have provided the other documents I requested but I also requested a copy of your Public Liability Insurance in that letter which as of the Date of this letter you have failed to provide nor given a reason for doing so therefore I take this as your failure to comply with a reasonable request for said document.

 

I now require full clarification as to why you have failed to provide a copy of your Public Liability Insurance.

 

 

short and sweet as usual amend to suit.

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Hi Stu,

 

I recently contacted the water company to see if a FLIP device was offered to the property (for free) following the last sewage flooding in 2007. The emailed me today stating that they have no record of previous flooding (even though it occurred to the property in 2007) and so no FLIP device would have been offered. So I assume this means that neither the tenant nor the landlord at the time reported this to the water company. Not sure if this helps me.

 

Having checked our records, I am unable to find an earlier record of sewer flooding impacting the property, so your home would not have been flagged for the installation of a FLIP device previously. However, as part of our customer protection review, we are reviewing the flooding records we hold and will be announcing more about the programme shortly. However, this is not a promise of installation as a FLIP device isn’t always a viable solution. As mentioned, we will be better placed to comment in Spring 2022 when the details of the independent review are known, but will continue to make progress and review those customers most at risk.

Edited by WanTToMoveOn
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Hi

 

Thanks for that update.

 

Now whatever you do DO NOT let the Housing Association know about that keep that to yourself as it will not help your case and I think you can probably know from their the water companies response.

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  • 4 weeks later...

Hi

 

Then you send another Complaint letter:

 

Dear Sir/Madam

 

Complaint Reference

 

Formal Complaint

 

I to date have had no formal acknowledgment of my complaint letters dated 01/12/21 and 10/12/21 which considering this is a Formal Complaint is not only Poor Customer Service but put into question your Complaints Procedure.

 

I require acknowledgement of these letters and clarification why you have failed to acknowledge these letters.

 

 

If you can attach copies of the letters to the above with your proof of posting

 

I hope you manage to have as good a Christmas & New Year as you could due to this situation. Be Safe

 

 

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thank you Stu,

 

New year and Christmas was fine thank you, i also hope it has been fine for you also.

 

I will send this off tomorrow, but I get the feeling that when she said she closed the complaint, she meant it.

 

sending copes is fine, as I have the word documents. I sent them both by email (received automated acknowledgments) and also sent by post, with proof of posting

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  • 3 weeks later...

Hi

 

Then you do as in post#43 and add the 17th January 2022.

 

In the very last part you add:

 

Due to your complete failure to acknowledge receipt of these letter I now take this as a Breach of your Customer Care Policy and your Complaints Policy and require this matter escalated to a Stage 2 Complaint.

 

Again make sure to get proof of Posting

 

Also have a wee look at this link which is the Housing Ombudsman:

(note you need to complete the Housing Associations own Complaints Procedure before taking your Complaint to the Ombudsman) just have a good read to see how it works on their website

 

WWW.HOUSING-OMBUDSMAN.ORG.UK

Improving residents' lives and landlords' services through housing complaints

 

 

At present your Housing Association are not doing themselves any favours by ignoring your letters 

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Hi

 

No Problem do keep us update on how this is proceeding and you look after yourself and be safe

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Hi Stu,

 

Just updating. Naturally they haven't replied to the last letter (I an not expecting them to)...but more sickening is that I contacted the contractor (Pyramidplus) about renovation works on the flooded property and they have basically said that A2Dominion are stalling the works. In Mid October (when I received the first response to my original formal complaint) I was called by the housing officer and told it would take 4 months (after I was tricked initially into this decant by being told 4 weeks) ...it's been 7 months now.

 

So basically they are saying it will take a lot longer as works have not been agreed upon and tbh  I cant take it, I have been decanted far away and isolated.

 

The stress of it all....is it time to find a no win no fee solicitor? because clearly A2Dominions only incentive is to stall renovation and grind me into submission...and although either way they wont, it is taking it's toll 

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Hi

 

leave this one with me and I will get back to you

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

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