Drumstick wrote:Moggy wrote:sawyerpip wrote:The whole point of section 20 is to protect leaseholders. I'm no expert but if the consultation process was never carried out correctly then I can't see a Tribunal not finding in your favour. This sounds like bullying tactics more than anything, and relying on the average person not knowing their rights. You 100% need to get some legal advice on this before paying over anything to them.
They claim the second stage was sent. I never received it and neither did the lady upstairs.
Even if they had (and they didn’t!) it wasn’t properly served as my lease states it has to be hand delivered or sent recorded delivery.
They can't prove you received it and you can't prove you didn't receive it, but you can doubtless fall back on past correspondence where you have informed them that you haven't received it.
I totally get what you are saying about being in someone else's shoes, I really feel for you mate.
Random question about leaseholds which (as may become obvious) I know nothing about: why would your mortgage provider care if your landlord got in contact with them saying they haven't been paid? As long as the mortgage is getting paid, who cares.
Also, the place I work at (utility company) once had its own in house debt team. Our customers that's were in debt were told that they were an external company etc very similar to what you have been told, it's all empty threats.
Yeh they can't do anything, it's like getting a parking ticket by anyone other than a council. Or the TV Licence people. It's not enforceable.
They'd have to take it to a court to pursue it further and no court will take this on as they don't have proof of issuing you with the documents they are meant to issue you. Even for arguments sake it does go this far, you'll only be required to pay what the original repairs were (as they have no proof of sending you the original invoice(s) to add interest on to) and you'll probably also be able to get that original amount payable over a reasonable period of time (like over 2, 3, 5 years etc)
If you're moving imminently too that's even less of a reason to pay, that money will be better used as a deposit or DIY work.
Moggy wrote:pjbetman wrote:Moggy wrote:BID0 wrote:Have you acknowledged the latest correspondence from them? Was it via recorded delivery 2nd class? They would need proof they issue you the letter on the 25th September for them to act on the 14 day timer.
No I haven’t acknowledged anything. And they sent it normal second class, they’ve never ever sent anything recorded. I guess if my wife's boss calls them today though then that would be an acknowledgment.
Edit:
Also one thing I forgot to mention, I spoke to the lady upstairs yesterday and she hasn't received this latest letter. She's in the exact same situation as me, but they either haven't written to her or her letter has been lost in the post/delayed.
Dude, don't even acknowledge that you've received the letter(s). By Law they don't mean anything as they haven't been sent recorded. I am 100% sure that they are trying to scam you. I also think that these people don't own your property and are actually trying to scam you out of your money. How do they know that emergency repairs are needed? Have they been told by someone in the property? Have they sent you and proof of repairs or quotes?
Man, I wish I could help you more, but whatever the strawberry float you do DO NOT HAND OVER ANY MONEY TO THESE banana splits!
I’ve not acknowledged receipt. I’m 100% sure they are scamming me but unfortunately I'm 100% sure they are the agents of the building owner.
From what I gather (they’ve never confirmed this to me) the works was for flooding in the shop basement. And maybe some damp proofing. I also know they put a shelter at the back of the shop.
They’ve sent me no proof of quotes or any invoices from whoever did the works. They did email some stuff to the lady upstairs, but that was years (2 or 3 years!) after the work was done.
If you get any debt collector letters, or debt "officers" at the door, you need to treat them like you would a TV Licence person. You are not the person that those letters have been addressed to. Any items are not your property... car, door mat, plant pots etc (they are your wife's, daughter's etc) and so they can not take them as you don't own them. Ask them to "leave the property" and you "withdraw your right for them to revisit".