Only a few hundred pounds, but it is the principal of the matter.
The crux of the matter does not seem to be the dispute they made a error, or we have incurred costs, the problem is they say we have no basis to issue a claim, something we need to state prior to issuing a claim, and on the claim form. We believe we have incurred a loss due to there negligence, they claim this is not a "basis" to claim in the county court. They say there is not "duty of care" so negligence is not a factor, and as we have no contract "costs have not been agreed and cannot be claimed"
The letter was false as they had not taken over the lease or Freehold, and had no reason to contact us, and even when the error was explained by our management company they still never apologised or contacted us to highlight the error. Furthermore they claim to our management company that they there client advised them, but they wont supply details of who they are.
They have also suggested to our management company the cost of the error should be passed to the residents, despite we are 100% innocent in this mater.
Our management company suggested the basis for a claim was negligence and they responded with "A claim in negligence requires a legal duty of care to be established. There is no such duty in this case and such claim is therefore bound to fail."
There is a duty - they have a duty to make sure the letters they send out are accurate and factually correct.
Does this help?