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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a landlord. recently the roof blew off of the block of

Resolved Question:

I am a landlord. recently the roof blew off of the block of flats where my rented flat is. My management agent received a complaint from my tenant that there was water in the cupboard and he asked the building's management company to investigate as the roof leak had previously came into that cupboard. Two months later I got an invoice from a plumber for changing a valve on my Megaflow, which is located in the cupboard. This was the first I knew there was any kind of problem and when I requested details of what was replaced and who authorised it I just got insulting emails, from the building's management company, telling me to just pay up or they would gain access into the property and remove the parts they claim to have fitted; cutting off the water to my tenants.

As a quantity surveyor it was very obvious to me that the amount being charged did not equate to the works they claimed had been carried out. Even if the works did require doing I was given no opportunity to get it priced competitively, I got no quote, no guarantee, they won't even tell me exactly what work they are claiming to have carried out. Eventually after many emails and point blank refusal by the management company to even tell me which valves had been replaced the situation died down, the management company even confirmed I had no outstanding charges on my account.

Today I received two bills, different to previous and now for a lot more (over £500, direct from the plumbing company. I have never had any direct contact with this company, have never requested nor authorised them to carry out any works in my property and certainly have never given out my contact details to them.

The main issue here is that, apart from being pursued for an un-agreed sum of monies for works I never authorised, I have had my personal detail given to another company without my authorisation (this is my mothers address and she is now afraid that bailiffs are going to call to the door); I believe this to be in contravention of the Data Protection Act and would be grateful of any advice you can give me in order I may get this situation sorted out.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply. !
Alex Watts : What is it you want to achieve please?
Customer:

Hello Alex, firstly I would like people to stop sending me speculative bills for works I never requested, wanted or authorised. I have never contacted this plumbing company and certainly had no contract with them; they had no right to carry out any works in my property without my knowledge.

Customer:

I employ a letting agent to deal with any works required, the contract I have with him is that he contacts me and gets agreement before any works are carried out. I would expect a receipt for any parts purchased and a guarantee on the works carried out. As it is this works was authorised by the building management company, which they are not authorised to do. The first I knew was when I received a bill for about £350 in the post. The bill they sent me is excessive for the works they have claimed they done (changing a valve), when I questioned it they refused to give me any additional information, instead choosing to bully me into paying.

Customer:

The second issue is that I have no relationship or contract with this plumbing company yet I have now received two bills from them for the same work mentioned above. Whilst the bill for the works themselves is now under £300 they have added an extra bill for a call out charge!! Both bills added together are now in excess of £500. These bills have come directly to my mothers home address, which is the contact address that the management company have for me; I have never authorised them to give out any of my contact details.

Customer:

I feel the building management company have dealt with this whole situation very unprofessionally and I feel it is the last straw that they have given my personal contact details out. I would like to see that they are held to answer for what they have done.

Alex Watts : If you did not authorise the works then you do not need to pay
Alex Watts : There is no contract that means they can't bill you.
Alex Watts : THey can send bills but you don't have to pay,
Alex Watts : The work was never agreed or authorised.
Alex Watts : If it went to court a judge will want to see a contract and proof of authorisation. They can't provide that
Alex Watts : You should write and ask them to stop or issue proceedings.
Alex Watts : IF the cost is below £10,000 and they do issue proceedings it would a small claim.
Alex Watts : If you never or agreed to the work then you don't need to pay
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


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Customer:

Thanks Alex, your answer so far has been very reassuring, but what I really need to know is what redress do I have against the property management company that gave out my personal details without my permission (Data Protection Act), as per my original query?

Alex Watts :

You can complain to the Information Commissioner: www.ico.gov.uk

Alex Watts :

They will investigate and prosecute where necessary any breaches of the DPA

Alex Watts :

This is the body to go to

Alex Watts :

You can issue a claim yourself, but that would cost.

Alex Watts :

But the ICO can do it for free, if appropriate.

Alex Watts :

Does that clarify?

Customer:

Thank you Alex!

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