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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good evening, My wife and I have an ongoing dispute with a

Customer Question

Good evening,
My wife and I have an ongoing dispute with a management company appointed by the bank as fixed charge receivers following the bankruptcy of the original contractor developers who up to the time of their failure acted as property managers. We own 1 of 23 apartments (ours was brought for investment and is tenanted) in the development.
The management company who are located at some distance from the property, 120 miles, has consistently failed to adequately manage the property and check that contractors appointed by them, and allegedly working to their specified requirements have carried out work to a satisfactory standard and in compliance with their own specifications. Furthermore they have arranged for work that was unnecessary then expected leaseholders to pay for this. Additionally they have escalated their own charges ignoring challenges and complaints. I have advised that we are not prepared to pay management charges for work patently not carried out correctly.
We have been in correspondence with them for around 24 months, replies are scant and answers to questions largely ignored. At one point we paid some 60% of the sum they claimed at the time, in full and final settlement, I explained this to them very clearly in the accompanying letter, the cheque was cashed and my action was not formally challenged nor questioned. Since this time we have paid further sums and continued to seek answers and justifications for their charges, but not paid the full sums claimed. I have been advised that my concerns will be addressed and they have written and confirmed that they are aware of the general disquiet and accept that work has not been properly carried out.
Today, instead of any requested and promised explanations we have received a demand for payment from a company of solicitors, apparently specialising in tenant law. This letter simply states the sum that is claimed that we owe, which I continue to dispute, and I suspect this company is not aware of our personal background. I also suspect it has been forwarded to all defaulters and I think there are many, as a standard letter / demand.
I would welcome some thoughts on this!
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know if there is a dispute provision within the agreement you have?

JACUSTOMER-z4mutcx6- : Hello Alex,
JACUSTOMER-z4mutcx6- : Hello Alex
JACUSTOMER-z4mutcx6- : Hello Alex, In the Service charges Summmary of Tenants rights and obligations it states that I have the right it ask a leasehold valuation tribunal to determine whether we are liable to pay service charges for services, repairs maintenance etc,and that I can make such a request before or after we have paid a service charge. I have not availed my self of this service, I have dealt solely and directly with the appointed management company, who interestingly are a branch of the the appointed joint receivers company
Alex Watts :

What is the value of the disputed sum please?

JACUSTOMER-z4mutcx6- : Currently £1,427.27 plus as of today the solicitors fees of £250 + Vat bringing it to £1,727.27
Alex Watts :

Ok, why have you not used the Tribunal yet?

JACUSTOMER-z4mutcx6- : As I was in direct contact with the managing agents who kept assuring me that they would come back to me I did not consider this to be necessary or appropriate
Alex Watts :

Ok. Have you set out why you dispute it?

Alex Watts :

Are you there?

Alex Watts :

Have they responded to the letter setting out the dispute?

JACUSTOMER-z4mutcx6- :

Alex for whatever reason I have been locked out on my iPad reply but the answer is that I have clearly set out the reasons for the dispute and they have not yet responded

Alex Watts :

Strange you were locked out, I dont know why as I only have access to questions, nothing else.

Alex Watts :

If you have set out the dispute and not had a response then the next step if the Tribunal

Alex Watts :

The process is quite simply.

Alex Watts :

You raise a dispute.

Alex Watts :

It goes to a Tribunal, you say why its not valid and fair, they say why its valid and fair.

Alex Watts :

The Tribunal will have surveyors etc and then come up with a decision

Alex Watts :

Its a free process for you

Alex Watts :

For more information on that please see:

Alex Watts :

https://www.gov.uk/leasehold-property/overview

Alex Watts :

But you should do that as the next step

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-z4mutcx6- :

alex, this nis very strangwe but agasi n

JACUSTOMER-z4mutcx6- :

Alex, this nis vey

Alex Watts :

Sorry?

JACUSTOMER-z4mutcx6- :

Alex, this is very strange as again I have been locked out of our chat on my iPad so I've reverted to my surface computer. I don't have the time to now go to tribunal, as I advised I have had this letter from LR that requires me to settle by Monday or face court proceedings etc. I'm perfectly happy to go to court but the reason for my enquiry was primarily to know where I stand on the full and final settlement, do you have an answer on this? By profession I am a surveyor so i

Alex Watts :

They accepted payment in full and final settlement, is that right?

Alex Watts :

You put this in writing?

JACUSTOMER-z4mutcx6- :

It seems we are fated on this chat, again I have been cut off, sorry! Yes that is correct and I have put this in writing

Expert:  Ash replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Ash replied 2 years ago.
I have changed format, let is try this.
If a payment is made in full and final settlement and someone cashes it then they can NOT as a matter of law come after more for the same debt.
They have accepted and settled the debt so they can't come back and claim more.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks Alex,

This confirms my understanding, I will call my solicitor tomorrow and get him to draft a full response and attempt to resolve the matter.

For your advice I'm working with a property management company to oust these people, I cannot tell you just how useless and self serving they are!

Thank you for your help apologies for the difficulties if they were from my end!

Expert:  Ash replied 2 years ago.
Yes I can imagine they are useless!
Sadly I can only see questions I have no access to tech support.
Alex

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