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BW Legal - Armtrac Letter of Claim

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Comments

  • Why do people waste time with the SRA. It simply doesn't work
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 20 January 2019 at 1:45PM
    Why do people waste time with the SRA. It simply doesn't work

    It most certainly does, it strikes off hundreds of firms, many with foreign sounding names.

    https://www.sra.org.uk/consumers/solicitor-check/recent-decisions/recent-decisions.page
    You never know how far you can go until you go too far.
  • Ok let me rephrase.
    Complaints to the SRA of this nature don't appear to have any effect.
  • Bakerbl
    Bakerbl Posts: 15 Forumite
    So - an update. At the beginning of January I wrote to the Management Company at the name and address supplied by the Land Registry as having the Freehold of the properties (despite the leasehold of the apartments also including the parking places). I wanted confirmation that they are (i) "The Landowner" (2) Details of the Contract they have with Armtrac (or a copy of the contract itself) (3) How long the contract runs for.

    Reply as follows:


    Dear XXXXX

    Further to your letter dated XXXX sent to the Directors of XXXXXXX Management Company Ltd we have been asked to supply the information you have requested on their behalf

    1. The freeholder is XXXXXX of <address>. my comment - Note this is not what is on the Land Registry document. The Land Registry clearly has the Management Company as the Freeholder.
    2. We do not have a copy of the contract.
    3. We believe that the parking patrol was introduced in 2010. We do not know how long the scheme has left to run.

    Yours Sincerely,


    Person A.
    On behalf of XXXXXX Management Company Ltd.



    So the Management company that is the registered freeholder has no copy of the contract and is unsure when it started and do not know how long it has to run. I think therefore the contract is not with them (so not with the landowner and i know for definite it is not with the leaseholder). This means it must be with a third party (note that neither Armtrac, BW Legal or the DVLA will agree to supply a copy of the contract).

    Now Person A at the same address is a Director of another Company that deals with Property Management and they (I believe) are subtracted by the Management Company to look after the common areas e.g. grounds, lawns, staircases, lifts etc.. Now Person A's Property Company is clearly listed on the Armtrac website as a Client. I think Person A has the contract with Armtrac.

    This means that Armtrac likely has a contract with a third party (not the landowner) and that third party may or may not have the consent of the Management Company (who are not very helpful in their correspondence).

    My questions are - can a PPC have a contract with a third party who is not the landowner? Would there need to be something in writing between the Landowner and the Third Party for this to happen?

    How can I get hold of this contract? - can I present my case to the DVLA as they wrote in previous correspondence that they have the contract but cannot give it to me. I could argue that my details were obtained fraudulently.

    It appears the Freeholder has little knowledge of the Parking Scheme Contract but they are not giving anything away. Person A has definitely got some kind of business relationship with Armtrac.

    This is immaterial as the leaseholder titles include the parking spaces. I'm in the process of pointing this out to BW Legal but they are still bulldozing this forward and I am expecting court documents at any moment.

    Nobody; - Freeholder, BW Legal or Armtrac have been helpful and appear to instead by closing ranks. Leaseholder is just pretty clueless - told me that parking is not mentioned in the leasehold agreement but I found out otherwise.
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