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Asked to Pay Twice for a Water Leak which I Believe Was not Repaired Properly

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  • Asked to Pay Twice for a Water Leak which I Believe Was not Repaired Properly

    Hello,

    I'm a state pensioner aged 67, and the leaseholder of my property, which is a mid-terraced house on top of a row of shops. The previous owners bought the whole block from the local authority about 35 years ago; all leaseholders own their own share of the freehold through a limited company established at the time of the outright purchase of the block. So every owner is both the leaseholder and the freeholder of their own property. (These details may or may not be relevant.)

    Three years ago my managing agents told me to repair my patio because of a water leak to the shop premises below.

    I had visits from local contractors and I wanted to accept one of their bids.

    I was then told that if I got the work done by the managing agent's own people then I would be allowed to pay this off at £250 a month.

    So I agreed, as I could not afford to pay for the alternative. The agent's own people charged £4,500 (whereas I was on the point of accepting a local contractor’s bid of about £1,800). But I could not afford to pay this all at once, so I was forced to use the agents’ own people at over twice the cost, to make use of their £250/month offer of payment terms.

    I took on some freelance part-time work, and the full amount was duly paid off in the agreed 18 months.

    Then, in the same week that I paid this off, the managing agents contacted me again and told me that there was another leak, and that I had to pay again to get it repaired. They insisted that this was a “new leak” (although how they determined this is a mystery – it was simply a proclamation they made announcing it was “new”).

    But this time they recommended a completely different method for repairing the leak.

    So why should I believe that the first "repair" actually worked? Especially if the diagnosis is so different this time. Logic suggests that the original diagnosis was incorrect because it failed.

    To add insult to injury (presumably in an attempt to justify their “new leak” assertion) the agents insisted that this "new" leak came about through my negligence because I failed to maintain my patio, which is nonsense.

    They said they found evidence of weeds growing. But weeds only grow where water is able to ingress, which suggests that the first repair failed to repair the leak as water was continuing to ingress.

    The agents also made the absurd suggestion that my “window box” also has something to do with the leak! Yet this is not attached to the structure or fabric of the patio in any way. Rainfall into it cannot possibly go into the area below; it is entirely self-contained. So they are presumably saying this so that it makes their accusation of poor maintenance more believable.

    I wish to contest this. Why should I pay something twice if they failed to repair it the first time? Especially since I was made to.pay about twice as much as I was originally bid by local contractors!

    But where do I stand as far as the law is concerned?

    I would welcome any advice from members of this forum.

    Many thanks.

  • #2
    You need to lodge a formal complaint in writing, make sure you get Proof of Postage.

    In the complaint make the points you've made here.

    Ask for details of the relevant ADR scheme.

    How dd you pay for the 'original leak'?

    Comment


    • #3
      Thank you for your response.

      What is an ADR scheme?

      I asked the managing agents for a copy of the contract with the original contractors who failed to correct the leak, and I was told very brusquely that the contract was the description sent to their own internal department. So it seems that they didn't even put this out to tender; more profit to themselves.

      For the original failed repair I was charged £4,500. As stated above, by agreement with the other freeholders in the building, I paid £250 a month for 18 months from funds which were already present in the freeholders' collective account, which we had all contributed to over several years.

      Thanks.

      Comment


      • #4
        Originally posted by polarbear323 View Post
        Thank you for your response.

        What is an ADR scheme?

        I asked the managing agents for a copy of the contract with the original contractors who failed to correct the leak, and I was told very brusquely that the contract was the description sent to their own internal department. So it seems that they didn't even put this out to tender; more profit to themselves.

        For the original failed repair I was charged £4,500. As stated above, by agreement with the other freeholders in the building, I paid £250 a month for 18 months from funds which were already present in the freeholders' collective account, which we had all contributed to over several years.

        Thanks.
        ADR Scheme, Alternative Dispute Resolution.

        Once you've lodged your complaint, they should tell you what options are available to you regarding your complaint.

        Was the £250 paid by credit card?

        Comment


        • #5
          Hello again. Sorry for the period of absence. Payment would either have been by debit card or PayPal. More likely by debit card.

          Comment


          • #6
            Originally posted by polarbear323 View Post
            Hello again. Sorry for the period of absence. Payment would either have been by debit card or PayPal. More likely by debit card.
            You could try a chargeback if it was debit card, but time limits apply.

            Comment


            • #7
              What I really want is advice on being charged £4,500 for a "repair" which didn't even work. The managing agents accused me of not maintaining the patio sufficiently, thereby causing it to corrode because of the growth of weeds. On the contrary, I check it out every week and have two different preparations that are nitrate-based and are very useful to prevent the weeds from establishing themselves at all.

              Their assertions that I am responsible for the leak which their own "repair" did nothing to restore, of course, supports their own narrative that everything is my fault, and not the fault of their own operatives: the job was not put out for tender as it should have been. Instead, it was done by inside people, therefore with none of the checks and balances that occur when a job of this sort is put out to tender.

              The managing agents' "repair" did not repair anything. Instead, they charged me a lot of money for a second-rate job which was itself wrongly diagnosed, and which had a whole raft of other measures included in the second diagnosis which were not included in the first.

              How can they get away with making me pay nearly £5,000 for work which was mistakenly described as needing one set of remedies, but when it failed, there was a whole different set of remedies that they suddenly decided were needed?

              Why not do the proper repair job the first time round? Why charge me thousands for doing a botched inside job which was not even competitively put out to tender?

              I would like them to give me a complete refund of the money I paid (£4,500) for the "repair" made by an internal failure, and which I'm now being blamed for causing myself because of some imagined negligence of care!

              I would like to get my money back from the managing agents because the work they did corrected nothing.

              Are they going to do this every couple of years? How many times are they going to say that the leak has developed again, and that it is my fault again, and that I should pay for it again?

              And if the work failed to stop the leak originally, why did they insist I pay £4,500 for it? Why do they continue to assert that it is all my fault when they have failed to correctly diagnose the problem in the first place, when they gave me a completely different set of remedies which they did not include in the first botched job that their internal people carried out, and which clearly failed?

              Can anyone advise me on the best way to fight this obvious abuse of process and power by the managing agents?

              Thank you.

              Comment


              • #8
                You could make a claim via the Small Claims Court, but you need to try everything else first, Court should be seen as a last resort.

                In the leasehold agreement are their any avenues for Mediation / a Alternative Dispute Resolution scheme?

                You need to gather evidence, summary of when events happened etc.

                Comment

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