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Sorry this is so long but want to give youa full picture of what has happened.
In March 2005 we purchased a new build leasehold property. Unfortunatelysince then we have experienced nothing but issues. Firstly the developerused poor quality products which were not fit for purpose as examples our security gates have never workedproperly, guttering needing replacing/repairing after only 8 years, plumbingissues on all the flats, double glazing handles failing and vents falling offdue to poor / incorrect work. The list is endless and we could never getsatisfactory resolution from the Developers (even for snagging) or the Managing Agents who wereuseless from the start ie the Developers set up the MA – let us call them theBlobbies and used an incompetent member of staff to run the development. Subsequent to this he then appointed 2 of hisbuddies as the MA – which in my and other leaseholders opinion is a conflict ofinterest.
In any event, they never did any work(or if they did it was just to put right the bad work/replace the trash put inby the developers) and the Service Charges went from about £80.00 per month in2005 to £153.00 as at the end of December – the only saving grace being thatour Water is included in this price!
Around August /September 2015 are Freeholdwas sold and then on 1st October the Blobbies were removed and RMGappointed. It then took months for RMG to get paperwork from Blobbies). Please note Blobbies did not provide the LHwith Audited Accounts for I think 2013&2014 – although I know they werefiled as I managed to get copies and noted that they put their fees up fromaround £3k a year to £6.5k plus there was all sorts of mystery costs such as“general maintenance etc. and “other maintenance” but nothing properlydocumented and this led the LH’s to wonder where the money was all going – hum!
In any event, we had been expected to payover and over with the development still declining and when it came to theguttering needed replacing in 2014 I refused to pay the additional S/C and Iended up with some arrears – I have emails documenting my issue with beingasked to pay for this. Please note I alsowithheld S/C because the Building Insurance Schedule the Blobbies provide wasnot accepted by my Mortgage Lender and despite 3-4 emails since from December2014 – Oct 2015 nothing and I had to pay additional building insurance to theML.
Then when the new Freeholder took over theysent a new insurance schedule but demanded payment up front. I have still to send the schedule to the ML butit should be ok and the ML will refund all the monies I have paid since Sept2015 to date – so a bit of savingspot! However, for previous years – whatam I supposed to do – swallow the costs paid to the ML because the Blobbies didnot provide me with the correct documents – I think not!
Please note there are only 37 flats in 2small blocks. In my block there are 12flats but across the 2 blocks a lot of the remaining resident leaseholders havewithheld S/C because of the poor state of repair. However,there are leaseholders who rent out their flats and have never ever paidanything and owe thousands whilst never ever raising a dispute/giving a reasonfor withholding payment with the Blobbies – who have failed to chase them forpayment.
Moving on, the SC file passed from the Blobbies to RMG showsmy arrears at £974.60 and RMG ask for payment of this and another £433.84 inS/C for Oct-Dec 2015 giving a total 0f £1408.44 due. This means of course that they accept the Blobbiesword on what is owed by me to them.Nowthe Blobbies were so incompetent it could be more.Anyway I kept meaning to pull everything outthe check my payments from Sept 2013 onwards as I know I was up to date with myS/C at that time but of course I never got round to it.
So I then get a reminder letter with a £25.00 cost (onlynoticed when I read through letter) and think shoot need to pay and due to workpressure of course don’t get round to this.
However during this time, getting a couple of issues fixedby RMG has been a nightmare and they always demand 2 residents make a report –I keep telling them there are only 3 leaseholders in the building and only 2 ofus are likely to make a report – so what happens if one of us is away! As an example on Tuesday it took 6/7 calls toRMG to get an aerial engineer out on Wednesday and now Friday the same problemshas happened and I have had to make a call and still waiting for a call back toconfirm engineer will come out again.I expectto have to make 2/3 calls as this seems to be their game – only do the workwhen they keep complaining!Also whenthe main door release failed previously it took me a 5/6 days before anybodytook it seriously and had been reported by 2 residents!
As a result of the aerial issues I spoke to the propertymanager at RMG who had recently taken over the block. She said that the S/C were going to increaseconsiderably because of the poor state of repair/lack of maintenance inprevious years and that had been NO money in the pot at all, when they hadfinally got information from the Blobbies.Anyway we discussed this and other matters, including problem rentersetc and it was fairly civil but she said that they were going to chasedelinquent payers and I pointed out that I had arrears because of the above andshe stated that this was nothing to do with RMG but we had to go after theBlobbies – so I said I was so fed up I intended to do so.
Then I thought what, why would I do this, they took over themanagement, they need to listen/investigate the Leaseholders outstanding issues. She also said that we need to move forwardfrom the Blobbies (as they were nothing to do with RMG) and the next 2 yearswould be painful for the Leaseholders, although she agreed that we were on ahiding to nothing.
She also told me that the S/C for some flats would go up to£1900.00 per annum over this time, plus insurance so now I could end up paying£1900.00 plus £400.00 a year insurance equals £2300.00 per annum instead of the£1836.00 I pay now which is an increase of nearly £40.00 per month.
At this point I started to realise that we were going to beexpected to pay the bring the development back up to scratch and that RMG werenot interested in our issues or providing a service, only making sure theFreeholders investment was “restored” at the leaseholders expense – no surprisethere then! Please note I own anotherflat in central London in Grade II listed building with 76 flats and the S/C isless and the Service given really good and they do try to help you.
Anyway I received a call from a PDC yesterday and I though hum,who are these looked up them up on the Net and they are Property DebtCollection (PDC) and I remember seeing a letter from them, so pulled out the mailand they were demanding payment of the arears plus costs of £192.00 giving atotal of £1669.00 – which is wrong. £1408.44+ £25.00 £ 192.00 does not equal £1669.00 but £1625.44 which means they are outby £43.56.
So I think ok better pay up on the proviso that theyinvestigate my issues, so phoned RMG to be told my account is locked I wasfurious they said I had to deal with PDC and I duly had a rant, she then saidshall I put you through to PDC and I thought how cosy!
I then spoke to PDCand they refused flatly to let me pay unless I paid their ridiculous fee, whichI refused to do, of course all she kept saying is – it’s an admin fee and Isaid I wanted to know what it covered but of course she would/could not say andwould only say – take Legal Advice – whata rip off and the threat is they will start the 146 process if we don’t pay.There is also a form for me to sign to agreefor my mortgage lender to settle the account – some hope!Also on the back of the letter under “OurCharges” it just states 146 process – varies – what a con.
Anyway I said that I was not paying the fee no way and that weare at a stalemate and rang off.
At this point I did not feel better for ragging at the twogirls I spoke to but feel so angry we have gone from the totally incompetent tothe bullies in one leap!
So I checked my lease and it seems they can charge me forthe 146 process so now I intend to:
· speak to my MP, who lives locally and is greatand sometimes a bit of pressure can work;
· my Mortgage company to advise them what is goingon and get a letter detailing what I have paid since December 2014 in Insurance.I will also scan over the new schedule I haveat present;
In the meantime and beforeI go back to RMG/PDC I would really appreciate LB’s help with a few questions Ihave:
· Are RMG and PDC connected – seems from somethreads that they are?If so how?As I think this is a conflict and just a wayof making money;
· I thought I would send a cheque to the MA’s forthe outstanding amount or I could pay by bank transfer and then send them afollow up email stating that I had done this on the proviso that theyinvestigate my query.If they thenreturn payment, I will repeat over and over – does this sound like a sensibleway to proceed?Especially if we end upin Court;
· Does the fact that the demand from PDC isincorrect have any bearing on the situation – ie as the demand is wrong does itnegate their demand for payment meaning I can go back to RMG – demanding they acceptpayment of the correct amount?Also theaccount was passed from RMG to PDC but the letter from PDC states
“We have been instructed to act on behalf ofyour management company, the Blobbies, in relation to the outstanding arrearsof service charge.
Despite formal request for payment from your management company………”
Yet all thecommunications/demands I have received are on RMG paper referring to owing themoney to the Blobbies or on the RMG statements I have as a brought forward debtfrom the Blobbies but in the subsequent chaser letter they just say I owe RMG. Also when I read back it states on the firstletter introduction RMG as our MA that they have been “appointed ManagementAgents for Blobbies” – so now I am even more confused.The Blobbbies was the previous MA’s name andnot the name of the development or the new Freeholders!
Can they do this?Does this stand up inlaw?Also if part of the debit is with theBlobbies but RMG have taken over the right to collect payment, then don’t theyautomatically accept responsibility of resolving our outstanding disputes /issues instead of saying that LH’s have to take the Blobbies to Court toresolve outstanding/old disputes – this just does not seem right to me?Can anybody clarify – I know it is all a bitcomplicated but…….hope it kinda makes sense.
Please note I have paid the Freeholders for theInsurance/Ground Rent and all is fine. Theywere really nice and said, that I should contact RMG and go through the formalcomplains procedure with them and if still no joy they would step and resolvefor me.Which gave me a little hope!
In March 2005 we purchased a new build leasehold property. Unfortunatelysince then we have experienced nothing but issues. Firstly the developerused poor quality products which were not fit for purpose as examples our security gates have never workedproperly, guttering needing replacing/repairing after only 8 years, plumbingissues on all the flats, double glazing handles failing and vents falling offdue to poor / incorrect work. The list is endless and we could never getsatisfactory resolution from the Developers (even for snagging) or the Managing Agents who wereuseless from the start ie the Developers set up the MA – let us call them theBlobbies and used an incompetent member of staff to run the development. Subsequent to this he then appointed 2 of hisbuddies as the MA – which in my and other leaseholders opinion is a conflict ofinterest.
In any event, they never did any work(or if they did it was just to put right the bad work/replace the trash put inby the developers) and the Service Charges went from about £80.00 per month in2005 to £153.00 as at the end of December – the only saving grace being thatour Water is included in this price!
Around August /September 2015 are Freeholdwas sold and then on 1st October the Blobbies were removed and RMGappointed. It then took months for RMG to get paperwork from Blobbies). Please note Blobbies did not provide the LHwith Audited Accounts for I think 2013&2014 – although I know they werefiled as I managed to get copies and noted that they put their fees up fromaround £3k a year to £6.5k plus there was all sorts of mystery costs such as“general maintenance etc. and “other maintenance” but nothing properlydocumented and this led the LH’s to wonder where the money was all going – hum!
In any event, we had been expected to payover and over with the development still declining and when it came to theguttering needed replacing in 2014 I refused to pay the additional S/C and Iended up with some arrears – I have emails documenting my issue with beingasked to pay for this. Please note I alsowithheld S/C because the Building Insurance Schedule the Blobbies provide wasnot accepted by my Mortgage Lender and despite 3-4 emails since from December2014 – Oct 2015 nothing and I had to pay additional building insurance to theML.
Then when the new Freeholder took over theysent a new insurance schedule but demanded payment up front. I have still to send the schedule to the ML butit should be ok and the ML will refund all the monies I have paid since Sept2015 to date – so a bit of savingspot! However, for previous years – whatam I supposed to do – swallow the costs paid to the ML because the Blobbies didnot provide me with the correct documents – I think not!
Please note there are only 37 flats in 2small blocks. In my block there are 12flats but across the 2 blocks a lot of the remaining resident leaseholders havewithheld S/C because of the poor state of repair. However,there are leaseholders who rent out their flats and have never ever paidanything and owe thousands whilst never ever raising a dispute/giving a reasonfor withholding payment with the Blobbies – who have failed to chase them forpayment.
Moving on, the SC file passed from the Blobbies to RMG showsmy arrears at £974.60 and RMG ask for payment of this and another £433.84 inS/C for Oct-Dec 2015 giving a total 0f £1408.44 due. This means of course that they accept the Blobbiesword on what is owed by me to them.Nowthe Blobbies were so incompetent it could be more.Anyway I kept meaning to pull everything outthe check my payments from Sept 2013 onwards as I know I was up to date with myS/C at that time but of course I never got round to it.
So I then get a reminder letter with a £25.00 cost (onlynoticed when I read through letter) and think shoot need to pay and due to workpressure of course don’t get round to this.
However during this time, getting a couple of issues fixedby RMG has been a nightmare and they always demand 2 residents make a report –I keep telling them there are only 3 leaseholders in the building and only 2 ofus are likely to make a report – so what happens if one of us is away! As an example on Tuesday it took 6/7 calls toRMG to get an aerial engineer out on Wednesday and now Friday the same problemshas happened and I have had to make a call and still waiting for a call back toconfirm engineer will come out again.I expectto have to make 2/3 calls as this seems to be their game – only do the workwhen they keep complaining!Also whenthe main door release failed previously it took me a 5/6 days before anybodytook it seriously and had been reported by 2 residents!
As a result of the aerial issues I spoke to the propertymanager at RMG who had recently taken over the block. She said that the S/C were going to increaseconsiderably because of the poor state of repair/lack of maintenance inprevious years and that had been NO money in the pot at all, when they hadfinally got information from the Blobbies.Anyway we discussed this and other matters, including problem rentersetc and it was fairly civil but she said that they were going to chasedelinquent payers and I pointed out that I had arrears because of the above andshe stated that this was nothing to do with RMG but we had to go after theBlobbies – so I said I was so fed up I intended to do so.
Then I thought what, why would I do this, they took over themanagement, they need to listen/investigate the Leaseholders outstanding issues. She also said that we need to move forwardfrom the Blobbies (as they were nothing to do with RMG) and the next 2 yearswould be painful for the Leaseholders, although she agreed that we were on ahiding to nothing.
She also told me that the S/C for some flats would go up to£1900.00 per annum over this time, plus insurance so now I could end up paying£1900.00 plus £400.00 a year insurance equals £2300.00 per annum instead of the£1836.00 I pay now which is an increase of nearly £40.00 per month.
At this point I started to realise that we were going to beexpected to pay the bring the development back up to scratch and that RMG werenot interested in our issues or providing a service, only making sure theFreeholders investment was “restored” at the leaseholders expense – no surprisethere then! Please note I own anotherflat in central London in Grade II listed building with 76 flats and the S/C isless and the Service given really good and they do try to help you.
Anyway I received a call from a PDC yesterday and I though hum,who are these looked up them up on the Net and they are Property DebtCollection (PDC) and I remember seeing a letter from them, so pulled out the mailand they were demanding payment of the arears plus costs of £192.00 giving atotal of £1669.00 – which is wrong. £1408.44+ £25.00 £ 192.00 does not equal £1669.00 but £1625.44 which means they are outby £43.56.
So I think ok better pay up on the proviso that theyinvestigate my issues, so phoned RMG to be told my account is locked I wasfurious they said I had to deal with PDC and I duly had a rant, she then saidshall I put you through to PDC and I thought how cosy!
I then spoke to PDCand they refused flatly to let me pay unless I paid their ridiculous fee, whichI refused to do, of course all she kept saying is – it’s an admin fee and Isaid I wanted to know what it covered but of course she would/could not say andwould only say – take Legal Advice – whata rip off and the threat is they will start the 146 process if we don’t pay.There is also a form for me to sign to agreefor my mortgage lender to settle the account – some hope!Also on the back of the letter under “OurCharges” it just states 146 process – varies – what a con.
Anyway I said that I was not paying the fee no way and that weare at a stalemate and rang off.
At this point I did not feel better for ragging at the twogirls I spoke to but feel so angry we have gone from the totally incompetent tothe bullies in one leap!
So I checked my lease and it seems they can charge me forthe 146 process so now I intend to:
· speak to my MP, who lives locally and is greatand sometimes a bit of pressure can work;
· my Mortgage company to advise them what is goingon and get a letter detailing what I have paid since December 2014 in Insurance.I will also scan over the new schedule I haveat present;
In the meantime and beforeI go back to RMG/PDC I would really appreciate LB’s help with a few questions Ihave:
· Are RMG and PDC connected – seems from somethreads that they are?If so how?As I think this is a conflict and just a wayof making money;
· I thought I would send a cheque to the MA’s forthe outstanding amount or I could pay by bank transfer and then send them afollow up email stating that I had done this on the proviso that theyinvestigate my query.If they thenreturn payment, I will repeat over and over – does this sound like a sensibleway to proceed?Especially if we end upin Court;
· Does the fact that the demand from PDC isincorrect have any bearing on the situation – ie as the demand is wrong does itnegate their demand for payment meaning I can go back to RMG – demanding they acceptpayment of the correct amount?Also theaccount was passed from RMG to PDC but the letter from PDC states
“We have been instructed to act on behalf ofyour management company, the Blobbies, in relation to the outstanding arrearsof service charge.
Despite formal request for payment from your management company………”
Yet all thecommunications/demands I have received are on RMG paper referring to owing themoney to the Blobbies or on the RMG statements I have as a brought forward debtfrom the Blobbies but in the subsequent chaser letter they just say I owe RMG. Also when I read back it states on the firstletter introduction RMG as our MA that they have been “appointed ManagementAgents for Blobbies” – so now I am even more confused.The Blobbbies was the previous MA’s name andnot the name of the development or the new Freeholders!
Can they do this?Does this stand up inlaw?Also if part of the debit is with theBlobbies but RMG have taken over the right to collect payment, then don’t theyautomatically accept responsibility of resolving our outstanding disputes /issues instead of saying that LH’s have to take the Blobbies to Court toresolve outstanding/old disputes – this just does not seem right to me?Can anybody clarify – I know it is all a bitcomplicated but…….hope it kinda makes sense.
Please note I have paid the Freeholders for theInsurance/Ground Rent and all is fine. Theywere really nice and said, that I should contact RMG and go through the formalcomplains procedure with them and if still no joy they would step and resolvefor me.Which gave me a little hope!
