Refusal of a SAR

[ahflibra]

Hi

A agency acting for my landlord for collection of ground rent sent my details to a solicitor for unpaid ground rent which I refute because they have never billed me ( it's £1.94 per year in total )

I sent a SAR to both the solicitors and agency and the solicitors sent my £10 back and have refuse to give me the information of the correspondence between them and the agency about me and my property saying its protected by the courts ( I know why they have said that )not heard back from the agency yet

so can somebody help me in wording a letter correctly so I can get access to the exchange of E-mails between them concerning me and my property

Thanks

[nemesis45]

Re: Refusal of a SAR

Hi

A agency acting for my landlord for collection of ground rent sent my details to a solicitor for unpaid ground rent which I refute because they have never billed me ( it's £1.94 per year in total )

I sent a SAR to both the solicitors and agency and the solicitors sent my £10 back and have refuse to give me the information of the correspondence between them and the agency about me and my property saying its protected by the courts ( I know why they have said that )not heard back from the agency yet

so can somebody help me in wording a letter correctly so I can get access to the exchange of E-mails between them concerning me and my property

Thanks

Good morning,

I think the SAR has been declined as correspondence is between the solicitor (s) and the agency is not considered to be Personal Data, and or clearly identifies other parties.

If the solicitor is not employed by you then the e-mails are covered by client confidentiality .

I don't believe that there is a letter that will enhance the possibility of acquiring the e-mails and I'm
inclined to the opinion that seeking disclosure via the courts would prove costly and in all probability
will fail.

nem

[ahflibra]

Re: Refusal of a SAR

Can a demand letter For money be sent to a named person and the occupier ?

The agency was billing a different name to me and when I pointed it out the solicitors and the agency have made up a fake letter of demand

[nemesis45]

Re: Refusal of a SAR

Can a demand letter For money be sent to a named person and the occupier ?

The agency was billing a different name to me and when I pointed it out the solicitors and the agency have made up a fake letter of demand

Just e-mailed your query to my granddaughter she's the administrator for large group estate agency, her answer is.

If there is doubt about the identity of the occupier of a property and there is a " last known " occupier correspondence is sent to the "name" and to The Occupier. Standard procedure.

Why do you consider that the demand is " fake"?

nem

[ahflibra]

Re: Refusal of a SAR

When I spoke to the agency asking why they have not billed me they said we have and its come to light they were billing the wrong person and also not the correct times stated in the lease

but my name is the same has on my birth certificate , but the solicitors put in a demand to my mortgage provider for £627.70 for a £26.87 debt from 14 years age but told my mortgage perovder that the landlord is seeking a 146 forfeiture and court cost will be between £3 & 4 thousand in the correct name so knew the agency were billing incorrectly

The agency now know my correct name and know the solicitors approached my mortgage provider in the correct name

I kept asking the solicitor for info on the debt but they would not provide but sent me a letter dated the next day after I made the agency aware of the mistake

[nemesis45]

Re: Refusal of a SAR

When I spoke to the agency asking why they have not billed me they said we have and its come to light they were billing the wrong person and also not the correct times stated in the lease

but my name is the same has on my birth certificate , but the solicitors put in a demand to my mortgage provider for £627.70 for a £26.87 debt from 14 years age but told my mortgage perovder that the landlord is seeking a 146 forfeiture and court cost will be between £3 & 4 thousand in the correct name so knew the agency were billing incorrectly

The agency now know my correct name and know the solicitors approached my mortgage provider in the correct name

I kept asking the solicitor for info on the debt but they would not provide but sent me a letter dated the next day after I made the agency aware of the mistake

A 14 year old debt would be statute barred if not acknowledged in writing and no payments having been made.
One often wonders in cases like this if the landlord is actually aware of what is going on and here I would be very suspicious about this,
covering up their costly mistakes which have caused monetary loss to the LL.

Have you been in contact with the LL about this?

A formal complaint to the LL who is after all responsible for the actions of his authorised agent. I wonder if the agents instructed the LL without referring to the LL.

nem

[ahflibra]

Re: Refusal of a SAR

They are aware I know they have not followed due process and made a big mistake , I have everything logged

will be be sending a complaint to my LL already contacted them by phone before it came to light they had not got my name correct and not billing me the times stated in the lease

will wait until i receive my SAR back from agent first

the agent also sent me a letter dated 4th August in my correct name and occupier for June rent of 97p its dated the day after I told them my new name and dated the same the solicitors letter finally came with alleged debt demand

the agency worker who I spoke to on the 3rd August said she was going to contact the solicitors so that's why I think they have colluded together the solicitors have advised them on how to bill me and made a fake demand for the debt

[nemesis45]

Re: Refusal of a SAR

They are aware I know they have not followed due process and made a big mistake , I have everything logged

will be be sending a complaint to my LL already contacted them by phone before it came to light they had not got my name correct and not billing me the times stated in the lease

will wait until i receive my SAR back from agent first

the agent also sent me a letter dated 4th August in my correct name and occupier for June rent of 97p its dated the day after I told them my new name and dated the same the solicitors letter finally came with alleged debt demand

the agency worker who I spoke to on the 3rd August said she was going to contact the solicitors so that's why I think they have colluded together the solicitors have advised them on how to bill me and made a fake demand for the debt

OK Good luck!!

nem

[Crazy council]

Re: Refusal of a SAR

Are you still a resident ?

this is horrendous action by both the agent and solicitor.

Agents mistake, they should be paying, also,

1. did you pay a deposit, if so, did they pay you back the interest they earnt on it ( ask them that ) , because that would be more than that ( deposits prior the DPS )


( just my opinion ) also, am not sure that all correspondence between agent and sols would not be part of the DPA block, i think, normal administrative communications between a solicitor, agent in relation to a tenant are not classed as privileged, unless it involves a claim or action.

I fought this for communication between a council and there solisitors, were the sols were acting as an advisory/adminastrative role.

just for info, you mark final letter,s demand and any actions, to the occupier as well as any named tenant, its a cover so its been served on everyone in the property ( as in notice dates ect ). We always did this to stop other, none named occupiers from slowing down the processes by saying they haven't been notified. .

[ahflibra]

Re: Refusal of a SAR

I agree with you CC because I have made several calls to Solicitors and written a letter but they ignored everything until Agent contacted them and said about my name being different

so if I may will be asking you on how to word a letter to them at a later date

but my personal information is also protected why did they look up my mortgage provider in my name if I am not the person the agent sent a demand to , they should have all that logged onto there system

I have been been a resident in my property for 29 years and the agent acting for my LL never informed me in 2001 of my new LL and they were acting on there behalf in collection of ground rent

[nemesis45]

Re: Refusal of a SAR

Interest is not paid to a tenant on any deposits paid.

nem

[Crazy council]

Re: Refusal of a SAR

Interest is not paid to a tenant on any deposits paid.

nem

It is for deposits prior to the DPS scheeme ( 2007 ) , you had to include it in the contract if you wished to keep the interest.

http://www.arla.co.uk/info-guides/pr...-disputes.aspx

[nemesis45]

Re: Refusal of a SAR

Without having time to read the link was there not case law re stakeholders and deposits?

nem

- - - Updated - - -

Without having time to read the link was there not case law re stakeholders and deposits?

nem

[Kati]

Re: Refusal of a SAR

It is for deposits prior to the DPS scheeme ( 2007 ) , you had to include it in the contract if you wished to keep the interest.

http://www.arla.co.uk/info-guides/pr...-disputes.aspx

Without having time to read the link was there not case law re stakeholders and deposits?

nem

from CC's link -

Any tenancy agreement should include a clause that specifies how the deposit is to be held, who by and who is entitled to any interest which may be earned on it. (Where a deposit is held by a third party as stakeholder, case law has determined that that party is entitled to retain any interest accrued). The agreement should include details of how the deposit will be dealt with at the end of tenancy, including the circumstances or criteria or procedure for its refund.

The deposit remains the tenants' money at all times during the tenancy and should not be used to subsidise either the landlord's or the agent's outgoings or expenditure other than by specific mutual agreement (with the tenant) or by express provision of a clause in the tenancy agreement.

A deposit held by an agent "as agent for the landlord" has, ultimately, to be refunded or apportioned on the landlord's instructions or by the agent under his authority as a contracted Agent on behalf of, a Principal (the landlord client). Every reasonable endeavour should be made by the agent to ensure that this process is fair and equitable and supported by appropriate documentation so that a landlord (or his agent) does not take unlawful advantage.

A deposit held by an agent "as stakeholder between the parties" is being held in a quasi-trustee position on behalf of both parties. Whenever possible the agreement of both parties should be obtained (in writing) as to how the deposit is to be disbursed. In the event of a dispute the agent as stakeholder is entitled to retain the deposit (or the disputed part of it) until the dispute is settled. Every reasonable endeavour should be made to ensure that this process is seen to be fair and equitable and supported by appropriate documentation. Ideally, the relevant deposit clause of the tenancy agreement should include a provision or options for an unresolved dispute to be referred to a Dispute Resolution Scheme, such as or Expert Adjudication or Arbitration. Ultimately however, whilst potentially risky*(see below), if after exhaustive attempts to resolve the dispute equitably it is considered by the stakeholder that one party is taking a wholly unreasonable position and it would thus be unfair to the other party to retain the deposit, an agent could advise both parties and distribute the deposit as the agent as stakeholder considers appropriate, taking account of, and supported by, appropriate evidence. (*Important. This could lead to legal action directly against the agent by a dissatisfied party who can prove that the agent, as "trustee", has acted

[ahflibra]

Re: Refusal of a SAR

My LL and the Agent have the same address in London