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Category: Law
Satisfied Customers: 33530
Experience:  Barrister at Self Employed Barrister
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Want to resolve a beach of contract which has occurred with

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Want to resolve a beach of contract which has occurred with the Managing Agent for the Mutual Housing Association with which I am a fellow leaseholder. The Managing agent has failed to adhere to their contract of engagement and imposed a status of "unreasonable persistent complainer" which is not mentioned in thier published "Complaints Procedure".And appears to be an unfair term. By their silence on at least 2 occasions they have refused arbitration on this matter; although this arbitration process is included in their contract of engagement and the Rules of the Housing association.
Advice please.
Thanks R P fenner
what is the actual nature of the dispute
Customer: replied 2 years ago.
The service provided by the managing agent is usually and predominately inadequate and incomplate; requiring multiple requests to resolve. Because of the quantity of email requests I have been awarded the status of " unreasonable persistent complainer" with an accompanying lack of resolution of complaints in line with their published complaints process. As an example I had a need to change the door lock because of failure and it took over 5 emails to various managers and directors to get the answer " no rule has been broken". So I cannot now contact any of the directors and I am unable to get complaints resolved. Trust this helps
As frustrating as it may seem have you considered escalating the matter by instructing solicitors to write to them and set out the basis of your complaints to them?
Customer: replied 2 years ago.
Being an independent retired person who likes to resolve matters of any sort myself; I am somewhat reluctant, but this could be considered.
Customer: replied 2 years ago.
I have issued a notice of proceedinds with a request for arbitration and a reminder as to the possibility of arbitration but with "silence" as a reply
I fully appreciate this (hence me comment about this being 'frustrating') but in light of the way that they are treating you this seems to serve three purposes - 1. it shows that they need to take you seriously; 2. you should get progress sooner rather than later and 3. if it works then they may prove more amenable to taking you seriously. One of the things which I would suggest with the solicitor is that he proposes a mediation (which you could attend with them) to work out a proper resolution to resolve matters going forward. happy to discuss - please rate positive.
ivorylounge and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you