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Ash
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dispute re communal charges

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Attachment: 2014-11-19_091056_19.11.14__justanswer.com.docx

In Cyprus, even though your name may be on the Land Registry, no one legally owns a property until they have purchased the Title Deeds which usually are available 3-5 years after completion. I do not own any Title Deeds because I cannot afford to purchase them. In Cyprus, the apartments in the block are owned by mostly English people who have all bought their Title Deeds. I am only one of two who haven't. A bank account was set up in one of the owner's names for the Communal Charges to be paid into, and once I got full time employment, and tenants in the apartment, their rent money went straight into the Communal Charges account to pay all that was owed and current contributions. In 2012, one couple who rented the apartment didn't put the correct reference number on the credit into the account and the people in charge of the account have failed to acknowledge that payment as having been paid by that couple, despite the fact that I forwarded that couple's email confirming their payment on to the account holder. The same thing happened again in 2013 when the next couple paid their rent into the Communal Charges account, and again the account holder did not acknowledge that payment, again despite the fact I have forwarded their email to them. Both emails from the respective couples were clearly dated and matched the dates of the credits on the bank account transaction history, which is available for all the people who have an apartment in the block to see. Unfortunately, the transaction history only allows you to see the previous 2 years and not any further back, so the first couple's payment is now off the radar. I have repeatedly requested this be looked into by the account holder and they have repeatedly ignored my email requests. Although they are still the account holder, they have passed the reins to another property holder to manage the account, he issued a statement to everyone and it showed that the contributions by my apartment is 700euros less than it actually is, which is the 2 x 350euros paid by the first and second couple respectively. I have contacted the new manager of the account and he said he would look into it, and was waiting for the original account holder to send him all the bank statements. Now when I email the new account manager, he ignores my emails. Yesterday I called his mobile but he ended the call before answering it. I then called his home number (he lives in the UK) and his wife answered the phone. When I asked to speak to her husband, she told me he was "just going out". After a lengthy conversation with her about this dispute, she said she nothing about it as her husband doesn't tell her anything about it. I asked her if her husband has a new mobile phone number, she asked why, I told her because I'd tried to call him twice and it just went to 'call ended', she said maybe he does, she didn't know! I do not know what to do about the communal charges discrepancy. Please advise.

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
Thank you for contacting JustAnswer.co.uk.
It was brought to our attention that you asked a legal question about Cyprus, where we do not have active professionals. As much as we would like to assist you, we have to be honest and say that the best we can do is maybe to provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.
At this time, we'd like to give you the option of leaving your question open. Keep in mind that you're never obliged to accept an answer that you're not satisfied with, and you can try it out before you accept. Or, we can close your question page for you, if you prefer.
Please let me know how you’d like to proceed,
Nicola
Customer: replied 2 years ago.

I did not ask a question about legalities in Cyprus. I wrote what I did about Cyprus as the background of my question. The account holder of the bank account for the communal charges, and the person who has taken over the handling of the account all live in England, even though the account is held in Cyprus.

I have copied and pasted below extract of my original text:

A bank account was set up in one of the owner's names for the Communal Charges to be paid into, and once I got full time employment, and tenants in the apartment, their rent money went straight into the Communal Charges account to pay all that was owed and current contributions. In 2012, one couple who rented the apartment didn't put the correct reference number on the credit into the account and the people in charge of the account have failed to acknowledge that payment as having been paid by that couple, despite the fact that I forwarded that couple's email confirming their payment on to the account holder. The same thing happened again in 2013 when the next couple paid their rent into the Communal Charges account, and again the account holder did not acknowledge that payment, again despite the fact I have forwarded their email to them. Both emails from the respective couples were clearly dated and matched the dates of the credits on the bank account transaction history, which is available for all the people who have an apartment in the block to see. Unfortunately, the transaction history only allows you to see the previous 2 years and not any further back, so the first couple's payment is now off the radar. I have repeatedly requested this be looked into by the account holder and they have repeatedly ignored my email requests. Although they are still the account holder, they have passed the reins to another property holder to manage the account, he issued a statement to everyone and it showed that the contributions by my apartment is 700euros less than it actually is, which is the 2 x 350euros paid by the first and second couple respectively. I have contacted the new manager of the account and he said he would look into it, and was waiting for the original account holder to send him all the bank statements. Now when I email the new account manager, he ignores my emails. Yesterday I called his mobile but he ended the call before answering it. I then called his home number (he lives in the UK) and his wife answered the phone. When I asked to speak to her husband, she told me he was "just going out". After a lengthy conversation with her about this dispute, she said she nothing about it as her husband doesn't tell her anything about it. I asked her if her husband has a new mobile phone number, she asked why, I told her because I'd tried to call him twice and it just went to 'call ended', she said maybe he does, she didn't know! I do not know what to do about the communal charges discrepancy. Please advise.

The account handler told me previously "Don't worry, we are not going to run off with your money!" But that is exactly how it appears they are doing, they are ignoring my emails and phone calls, they are ignoring the emails I forwarded to them from the 2 respective tenants confirming they had paid the €350 each into the communal charges bank account showing the date they sent the emails, and the date of which corresponded with the 2 respective €350 credits in the account transaction history.

How can I get them to stop ignoring me and get these credits acknowledged as having been paid by the 2 respective tenants?

Customer: replied 2 years ago.
Relist: Inaccurate answer.
I DID NOT ask a question about legalities in Cyprus. I wrote what I did about Cyprus as the background of my question. The account holder of the bank account for the communal charges, and the person who has taken over the handling of the account all live in England, even though the account is held in Cyprus. PLEASE READ MY REPLY TO EXPERT 20 November 2014 08:54 (GMT/GMT) and reply to my question.
I do not know what to do about the communal charges discrepancy. How can I get them to stop ignoring me and get these credits acknowledged as having been paid by the 2 respective tenants?
This dispute has been ongoing now for nearly or just over a year, I feel as if they have stolen that money from me even though it was not me who actually paid it into the communal charges account but my 2 respective tenants. If you read ALL that I have written you will/should understand what I am asking. I can assure you though I am NOT asking about any international law whatsoever.
Expert:  Nicola-mod replied 2 years ago.
Hello,
I am not an Expert - I am a moderator who is trying to put your question into the correct category. I will change this to Law for you.
Thank you,
Nicola
Customer: replied 2 years ago.
Relist: Inaccurate answer.
I am not sure anyone is reading my problem to which I really would like an answer, especially as I have paid £80 which is well over my financial budget.
I want to know what I can do to get the account holder and the person who is now managing the account holder's account, to look at the transaction history, look at the emails I have sent him from the 2 tenants each confirming their respective €350 credits, and confirming that the two €350 were paid by them.
The account holder has not acknowledged the two credits at all, they haven't even shown then as being credited from any other apartment, so the 2 credits are just sitting there in the account unclaimed so-to-speak.
The account holder and now the person managing the account holder's account is not taking my calls, he ends the calls without even answering them, and he is not replying to my emails.
A few months ago he wrote saying "Don't worry, we are not going to run off with your money!" But that is how it is appearing to be, that they are doing just that and I feel totally helpless.
I feel they are doing this because they think I am a benefit cheat, which I am not. But they are too cowardly to tell me exactly WHY they are treating me so despicably, and yes, I have asked them why they are being as they are towards me. But as I have said, they are ignoring me.
I am desperate to have this sorted once and for all, those two 'unclaimed' €350 were paid in by the last 2 tenants who lived in the apartment that was once my home.
What do I need to do to get this sorted? What can I do to get this sorted? They are ignoring my emails and telephone calls so they would only ignore any letter I send to their home address too, (and they all live in England).
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will try and help you with this.
For now please let me know under the contract, which country jurisdiction does it say that disputes are resolved in?
Customer: replied 2 years ago.

The account holder of the communal charges account lives in England, so does the now account handler. Both the account holder and the account handler are refusing to reply to my emails or take my calls.

They are also refusing to confirm and acknowledge that 2 x €350 payments have been made by the 2 different couples renting the apartment in 2012 and 2013 respectively and thereby have shown on their spreadsheet of what payments have been made by which apartment, that the apartment in my name has paid 2 x €350 less than it actually has.

I need to know what can I do to pressure them into looking into this and sorting this out as it has been ongoing for too long and it's making me very ill, especially as they are now refusing to take my calls or answer my emails.

And I believe they are treating me so despicably because they believe I am a benefit cheat, which I am NOT.

Expert:  Ash replied 2 years ago.
Indeed. Were payments made to. UK account?
The queation I asked previously was in your agreement with the company which country does it say disputes are to be resolved or the contract is governed by?
Customer: replied 2 years ago.

The communal charges account is in a Cypriot account in Cyprus. The account holder is English and lives in England, as does the now account handler.

The 2 x €350 payments were paid from the 2 respective tenants while they lived in the apartment in Cyprus and paid the payments into the Cypriot bank account.

I don't understand what 'agreement' you refer to. Or what 'company'.

The apartment complex is owned by the individuals, all of whom (except one) are English and live in England. They all (except two - of which I am one) have purchased their Title Deeds and therefore legally own their properties.

But that does not take away the fact that the two tenants each paid their €350 into the bank account and the account holder and now account handler is refusing to acknowledge those payments as having come from those 2 respective tenants. And it does not take away the fact that the account holder and the now account handler is refusing to reply to my emails and refusing to take my calls.

Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
You have the evicence of payment and that is enough for you to secure a win.
Can I clarify anything for you about this today please?
Alex
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