GRcade

I refer to my previous correspondence with TwatCompany and the recent decision by the Property Ombudsman.

As you will be aware, the Property Ombudsman has supported my complaint and has awarded me £250 in compensation from TwatCompany. The Property Ombudsman has stated that this will need to be paid directly to me and not credited to the service charge account. I have therefore listed my bank details below for TwatCompany to arrange payment:

Account Name: xxx
Sort Code: xxx
Account Number: xxx

While the Property Ombudsman has ruled on TwatCompany’s misleading communication and the aggravation caused, they have been unable to rule on the main complaint that I have. They have stated that this is a matter for a court or tribunal, however they have also made clear that they believe TwatCompany’s correspondence gave a clear impression that the 50% was accepted as full and final settlement of the total balance of arrears.

My position remains absolutely clear, the matter was settled when my 50% offer was accepted, the subsequent demands for payment and the adding of interest to the balance constitute a breaking of the full and final settlement agreement we had made.

After speaking to my solicitor, he has advised that as a goodwill gesture I should write one final time to allow you the chance to make things right. My solicitor states that the decision by the Property Ombudsman gives a clear indication of the way a court or tribunal will rule on this matter but that it is only fair to give notice to the landlord of the actions we will be forced to take if the matter is not fully settled to my satisfaction.

On TwatCompany’s latest invoice, the balance is showing as £xxx (I have removed the latest £xxx service charge that will be paid on its due date). There have been various charges added and removed since I settled the account, but the disputed balance amount appears to be made up as follows:

Breakdown of figures

I believe that the agreement that was made should stand and the above amount should be cleared from my account balance. The interest charges have been added to a balance that was never due (as they were added following the agreed full and final settlement) and so should also be removed.

Please be aware that I will not hesitate to proceed with formal legal action if the agreement we made is not honoured, this is my final attempt at resolving matters before I proceed down the formal legal route.

I believe I have acted reasonably throughout this whole matter and I am prepared to continue to act in a reasonable manner, if you have a solution that will satisfy both of us then I am prepared to listen but you should be aware that I am unwilling to once again enter into a protracted negotiation regarding costs that I do not believe are due.

This whole matter has been ongoing for over 6 years now and has caused me considerable stress and worry over that entire time period, this matter needs to be put to a swift end.

I would be grateful for your most urgent reply.