Buying a house (and renting)

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Corazon de Leon
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PostRe: Buying a house (and renting)
by Corazon de Leon » Mon Jan 06, 2020 6:37 pm

Surely you've got e-mail correspondence to confirm the agreement?

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Drumstick
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PostRe: Buying a house (and renting)
by Drumstick » Mon Jan 06, 2020 6:39 pm

When you earlier said that they "accepted" your offer, in what form did they do this? Please say it was written communication and contains wording to the effect of "full and final settlement".

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PostRe: Buying a house (and renting)
by Moggy » Mon Jan 06, 2020 6:51 pm

Harry Ellis wrote:When you earlier said that they "accepted" your offer, in what form did they do this? Please say it was written communication and contains wording to the effect of "full and final settlement".


Yep. I had a written “without prejudice” letter that confirmed they would accept my offer as a full and final settlement. Since then (mid November) I’ve been chasing via email for an updated statement.

Then today they write as if we’ve never agreed anything. The letter is even from the exact same banana split that wrote in November.

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PostRe: Buying a house (and renting)
by Hime » Mon Jan 06, 2020 7:10 pm

Feel for you man. As if moving house isn't hard enough.

Do you have to have this sorted as part of your legals?

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PostRe: Buying a house (and renting)
by Moggy » Mon Jan 06, 2020 7:11 pm

Hime wrote:Feel for you man. As if moving house isn't hard enough.

Do you have to have this sorted as part of your legals?


I’ve not put the place up for sale yet as I’ve been waiting for this gooseberry fool to be sorted out. I assume “owing” service charge would show up when it comes to selling.

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PostRe: Buying a house (and renting)
by Drumstick » Mon Jan 06, 2020 11:24 pm

I am not a solicitor but I would think a judge would throw their case out if it ended up in court. You have made an offer in good faith to settle the dispute which was accepted. End of.

Last edited by Drumstick on Tue Jan 07, 2020 8:37 am, edited 1 time in total.
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PostRe: Buying a house (and renting)
by Moggy » Tue Jan 07, 2020 8:11 am

Harry Ellis wrote:I am not a solicitor but I would think a judge would throw their case out if it ended up in court. You have made an offer in good faith to settle they dispute which was accepted. End of.


That’s my reading of it. The “without prejudice” part means that documents can be inadmissible in court, but they can form evidence when people break the agreements or outright lie.

It’s a horrible mess though that just never seems to end.

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PostRe: Buying a house (and renting)
by Drumstick » Tue Jan 07, 2020 8:37 am

Partridge Iciclebubbles wrote:
Harry Ellis wrote:I am not a solicitor but I would think a judge would throw their case out if it ended up in court. You have made an offer in good faith to settle they dispute which was accepted. End of.


That’s my reading of it. The “without prejudice” part means that documents can be inadmissible in court, but they can form evidence when people break the agreements or outright lie.

It’s a horrible mess though that just never seems to end.

I actually think that you could now be in a position to take them to civil court and press for compensation for the stress they have put you under (especially if you can demonstrably prove this, i.e. via doctor appointments).

Remind me, how come the outstanding amount got all the way up to £10k in the first place?

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PostRe: Buying a house (and renting)
by Moggy » Tue Jan 07, 2020 8:47 am

Harry Ellis wrote:
Partridge Iciclebubbles wrote:
Harry Ellis wrote:I am not a solicitor but I would think a judge would throw their case out if it ended up in court. You have made an offer in good faith to settle they dispute which was accepted. End of.


That’s my reading of it. The “without prejudice” part means that documents can be inadmissible in court, but they can form evidence when people break the agreements or outright lie.

It’s a horrible mess though that just never seems to end.

I actually think that you could now be in a position to take them to civil court and press for compensation for the stress they have put you under (especially if you can demonstrably prove this, i.e. via doctor appointments).

Remind me, how come the outstanding amount got all the way up to £10k in the first place?


They claimed to have carried out building works and wanted £4.5k for it. They didn’t provide any evidence of the works and didn’t follow the correct procedures for charging it.

Then they just kept adding weird amounts to the statements. £1k here, £1.5k there and I refused to pay unless they explained the charges. They settled down to normal charges after a while (which I paid) but the disputed charges stayed on the balance for years.

I saw a solicitor who agreed with me, but she said it would cost thousands if we took it to court. Potentially £10-15k. Which was a risk I didn’t want to take.

They then offered a 20% discount on the total. I told them that was ridiculous but said I’d pay 50% just to end the matter. They agreed and I paid. For the best part of two months I’ve been chasing for an updated written statement that shows the balance is £0.00.

Now they’ve written as if the 50% agreement was never made but they’ve offered 50% off the £5k they claim I still owe them.

Even if I was going to pay them (and there’s no way I will!!) how could I possibly trust that they’d stick to this new agreement? I cannot trust anything they say.

I almost certainly would win in court, but I’d like to avoid it as the costs are so damn high. But I think it’s going to end up there, there’s little else I can do.

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PostRe: Buying a house (and renting)
by Kezzer » Tue Jan 07, 2020 10:50 am

take it to court and set up a go fend me / we will all chip in.

I have a fiver and some buttons, plus maybe a slice of pepperoni from a dominoes box I found that I was keeping for dinner.

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PostRe: Buying a house (and renting)
by Jenuall » Tue Jan 07, 2020 10:56 am

#Justice4Moggy

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PostRe: Buying a house (and renting)
by OrangeRKN » Tue Jan 07, 2020 1:01 pm

The system is completely broken when businesses can bully individuals into paying money they aren't owed just because it'd cost even more to fight it in court.

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Corazon de Leon
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PostRe: Buying a house (and renting)
by Corazon de Leon » Tue Jan 07, 2020 5:01 pm

Could you possibly take it to a no-win no-fee lawyer? I know they're a bit barrel-scrapy but this might be one of those situations where they actually come in useful?

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PostRe: Buying a house (and renting)
by pjbetman » Tue Jan 07, 2020 5:39 pm

Saigon Slick wrote:Could you possibly take it to a no-win no-fee lawyer? I know they're a bit barrel-scrapy but this might be one of those situations where they actually come in useful?



Great idea that. Plus you'll ensure that the management company get stung to strawberry float.

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PostRe: Buying a house (and renting)
by Moggy » Tue Jan 07, 2020 5:46 pm

pjbetman wrote:
Saigon Slick wrote:Could you possibly take it to a no-win no-fee lawyer? I know they're a bit barrel-scrapy but this might be one of those situations where they actually come in useful?



Great idea that. Plus you'll ensure that the management company get stung to strawberry float.


Them getting stung to strawberry float makes that a very tempting idea.

I’m going to try diplomacy and give them a little time to pretend they did this in error. But I’m not giving them long and I am not letting this gooseberry fool drag on for another few years.

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PostRe: Buying a house (and renting)
by Moggy » Fri Jan 10, 2020 5:35 pm

The banana splits have written back to me. They are claiming that the £5k offer was only for the building works and didn’t cover the service charge “debt”.

strawberry floating lying banana splits, why would I agree to pay £5k as a 50% settlement when the building works dispute was only for £4.5k? :lol:

They are now demanding £5k for what they say I owe, but have offered 50% off of that as a “gesture of goodwill”.

They also claim that I introduced the concept of “without prejudice” (that’s a lie, they were first to use that!) and warn me that the letters/emails are not admissible in court.

What a bunch of utter utter banana splits.

I’m getting nowhere with trying to settle with them, I’m going to have to get a solicitor. Which is gooseberry fool, I can’t afford a strawberry floating legal battle. :cry:

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PostRe: Buying a house (and renting)
by Lagamorph » Fri Jan 10, 2020 5:38 pm

Partridge Iciclebubbles wrote:The banana splits have written back to me. They are claiming that the £5k offer was only for the building works and didn’t cover the service charge “debt”.

strawberry floating lying banana splits, why would I agree to pay £5k as a 50% settlement when the building works dispute was only for £4.5k? :lol:

They are now demanding £5k for what they say I owe, but have offered 50% off of that as a “gesture of goodwill”.

They also claim that I introduced the concept of “without prejudice” (that’s a lie, they were first to use that!) and warn me that the letters/emails are not admissible in court.

What a bunch of utter utter banana splits.

I’m getting nowhere with trying to settle with them, I’m going to have to get a solicitor. Which is gooseberry fool, I can’t afford a strawberry floating legal battle. :cry:

One possible alternative, the limit of Small Claims court is £10k. You could potentially pay it 'under duress' and then sue for it back using the letters as evidence.

You can usually get a free initial consultation with a Solicitor so they might be able to advise you if that was a viable approach without it costing you anything.

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PostRe: Buying a house (and renting)
by Oblomov Boblomov » Fri Jan 10, 2020 5:40 pm

God damn :| that is gooseberry fool.

Good luck with your next steps. What a massive pain in the arse.

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PostRe: Buying a house (and renting)
by pjbetman » Fri Jan 10, 2020 5:40 pm

Partridge Iciclebubbles wrote:The banana splits have written back to me. They are claiming that the £5k offer was only for the building works and didn’t cover the service charge “debt”.

strawberry floating lying banana splits, why would I agree to pay £5k as a 50% settlement when the building works dispute was only for £4.5k? :lol:

They are now demanding £5k for what they say I owe, but have offered 50% off of that as a “gesture of goodwill”.

They also claim that I introduced the concept of “without prejudice” (that’s a lie, they were first to use that!) and warn me that the letters/emails are not admissible in court.

What a bunch of utter utter banana splits.

I’m getting nowhere with trying to settle with them, I’m going to have to get a solicitor. Which is gooseberry fool, I can’t afford a strawberry floating legal battle. :cry:


Surely your without prejudice offer letter states 50% on it? And also the amount originally owed and/or the final, reduced amount? If not, what the strawberry float was your solicitor doing?

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PostRe: Buying a house (and renting)
by Moggy » Fri Jan 10, 2020 5:47 pm

pjbetman wrote:
Partridge Iciclebubbles wrote:The banana splits have written back to me. They are claiming that the £5k offer was only for the building works and didn’t cover the service charge “debt”.

strawberry floating lying banana splits, why would I agree to pay £5k as a 50% settlement when the building works dispute was only for £4.5k? :lol:

They are now demanding £5k for what they say I owe, but have offered 50% off of that as a “gesture of goodwill”.

They also claim that I introduced the concept of “without prejudice” (that’s a lie, they were first to use that!) and warn me that the letters/emails are not admissible in court.

What a bunch of utter utter banana splits.

I’m getting nowhere with trying to settle with them, I’m going to have to get a solicitor. Which is gooseberry fool, I can’t afford a strawberry floating legal battle. :cry:


Surely you're without prejudice offer letter states 50% on it? And also the amount originally owed and/or the final, reduced amount? If not, what the strawberry float was your solicitor doing?


Yes my letter stated 50% and specified the exact amount as a full and final settlement.

There was no solicitor involved, I wrote it myself.

Interestingly their letter back in October (where they offered 20% off) states the full £10.5k amount. So they are talking utter bollocks that the offers were only on part of the amount.

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