Compensation entitlement, due to 6 years of service charges fraudulently taken

[Scrumpy11]

Hi all,

My landlord backed down after I issued a letter before County Court claim against them for service charges of which we are being charges yet are not receiving, or fall outside of my tenancy agreement.

The landlord has gone back 6 years, refunding £3000 of charges. My question is, what would be a reasonable amount for me to accept?

regards

Stevieb

[atticus]

How much were you claiming? If your claim was £5, £3,000 looks a good deal. If £50,000, less so.

[Scrumpy11]

How much were you claiming? If your claim was £5, £3,000 looks a good deal. If £50,000, less so.

Hi, I claimed for £3000 plus compensation to be decided by the courts. However, my Housing Association, ("HA") decided we did not need to go to court. The £3000 was for the services I had paid for, yet have not received or fell outside of my tenancy agreement. The HA have stated thsat they need to look in to and calculate compensation, this was without any prompt from myself. I just dont know what would be reasonable as this has happened over many years, although I can only go back 6 years,.

Kind regards

Stevieb

[R0b]

You should be entitled to any sums on a restitutionary basis up to 6 years as anytime after the breach occurred. That limitation period can be displaced if you are able to argue successfully that you were not able to discover or could not discover the overpayment with reasonable due diligence in which case the sums being claimed could go as far back as when the payments were made.

Not sure how you can claim anything else other than the sums you paid because compensation for distress or inconvenience of having to pay something that you were not contractually obliged to do so, is not a recognised remedy except for personal injury and some other exceptional reasons that doesn't appear to apply to your case.

Any other compensation would likely be gesture of goodwill, and you are entitled to push for that but it would be at the landlord's discretion.

[Scrumpy11]

You should be entitled to any sums on a restitutionary basis up to 6 years as anytime after the breach occurred. That limitation period can be displaced if you are able to argue successfully that you were not able to discover or could not discover the overpayment with reasonable due diligence in which case the sums being claimed could go as far back as when the payments were made.

Not sure how you can claim anything else other than the sums you paid because compensation for distress or inconvenience of having to pay something that you were not contractually obliged to do so, is not a recognised remedy except for personal injury and some other exceptional reasons that doesn't appear to apply to your case.

Any other compensation would likely be gesture of goodwill, and you are entitled to push for that but it would be at the landlord's discretion.

Thank you Rob,

I guess it would be to late for me to go back further than the six years as I have already entered my grievance, which has been accepted by both parties. To be honest, I think the six years is more than adequate as moving forward, things should be put right.


I really appreciate your advice/ guidance.

Thank you again

Stevieb

[R0b]

It depends on whether that 'acceptance' of a grievance would amount to a settlement agreement. You suggested in an earlier post that the HA is looking to calculate the compensation so it sounds like a final settlement of the matter hasn't been reached. It is up to you to decide if you think it is worth poking the bear and trying to skim some extra money as it can be a double edged sword and may mean the HA can become difficult and even choose to offer you less than the £3,000 or they might even tell you where to go and call your bluff at going to court over this.

Sounds like you are happy with the £3,000 compensation and if you are, might be best to draw a line under it and not try to be a little greedy just because there may be an argument for more to be paid.

By all means, if you want to claim a little extra then I think you should set out the reasons why you think it should be increased in a polite way (not simply say, "I should be entitled to more compensation because it is something I wasn't able to reasonably discover ..." and that's it) but only you are able to gauge how their reaction might be based on current discussions with the HA.

[Scrumpy11]

Sounds like you are happy with the £3,000 compensation and if you are, might be best to draw a line under it and not try to be a little greedy just because there may be an argument for more to be paid.

By all means, if you want to claim a little extra then I think you should set out the reasons why you think it should be increased in a polite way (not simply say, "I should be entitled to more compensation because it is something I wasn't able to reasonably discover ..." and that's it) but only you are able to gauge how their reaction might be based on current discussions with the HA.

Hi Rob,

Sorry on late reply, had to have a little nap as I'm on nights this week.


Thank you for all your advice. I am happy with the £3000, this will clear a loan I recently had. I will see with what compensation my HA offer, I guess any extra is a bonus.

Really appreciate your assistance on present and past queries'.


Kind regards

Stevieb

[dslippy]

There is no possible way anyone here can say what would be adequate since we do not know the details, or even basis, of any claim.

In many situations the figure is not accurately calculable, and the best solution is one allowing both sides to walk away relatively content. Getting on with life can be more important.
#You seem to have the right approach.

[Pacific]

If the 3000 includes the entire overcharges amount then that's sufficient I would think as that's what you lost initially. Any extras to claim for could be other losses incurred due to the overcharges like overdraft fees or solicitors fees etc, I've also heard of people claiming hourly costs of the time and work it took them to bring the claim to court, but I can't see getting anything for distress and such unless as Rob said they voluntarily give something as a goodwill gesture. I hope you get what they owe, good luck.

[Scrumpy11]

Morning all. Thank you for all your advice. Since I accepted my Housing Associations offer, (which they added to my rent account, instead of my bank account), they have had a cyber attack. All computer systems; phone lines ect. are down. They have been down for the last couple of weeks, with no idea when things will be up and running. Tenants have no idea of what data has been affected as the HA is being very vague to say the least.

I guess its a waiting game.

Thanks again

Kind regards

Stevieb

[Scrumpy11]

Dear Legal advisors.

After the way my landlord had handled various complaints, the way I've been treated, I accepted part of my landlords offer. I accepted part offer made in Exhibit marked "b'. However, I contested the fact my landlord had only gone back six years of my 27 year tenancy.

Exhibit marked 'a' was my myblandords initial refusal of my complaint. Exhibit 'b' was my landlords offer at stage one resolution. Exhibit marked 'c' is my landlords refusal to go back 27 years.

My landlord stated in their stage one settlement that they would remove service charges from the past, yet someone would contact me moving forward. I have had no contact, yet my landlord continue to charge for the same services which have been removed.

I guess the questions I have:

In exhibit marked 'c', my landlord stated their is no legal reqson to accept my request to go back more than six years. In exhibit marked 'b', my land lord admited that they failed to contact me, failed to consult me, failed to adhear to my tenancy agreement.

Would this give me a bases to go back more than six years?

Do I have a case? due to my landlord admiting liability in exhibit marked 'b'

I appreciate any assistance.

Kind regards

Stevieb

[Scrumpy11]

Please note, my email to landlord, I accepted offer as an interim payment, I clearly stated what I was looking for as full resolution:

Dear Ms...

Thank you for your stage one conclusion of my complaint regarding service charges. I have accepted as an interim payment the refund of £2973.83 and the compensation amount of £2550 compensation.

However, I wish to escalate my complaint to a stage two, reason being that [landlord] have only gone back 6 years out of my 26 years and 9 months as a tenant.

A tenant has previously taken [landlord] to court, where is was deemed that the ‘Service Charges’ which were taken illegally, should be refunded for the duration of his tenancy, (the limitations act does not apply.)


Should this be escalated to Court then I will be relying on Mr R case , as it set precedent.


Thank you for your assistance so far regarding this matter.



Kind regards