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Won a case at the FTT Property Tribunal, but claimants still demanding money
EvePolastris
Posts: 24 Forumite
I have a flat that I pay £500 a year to a maintenance company for to do things like window cleaning, car park maintenance, communal areas etc. This isn't a choice, it's what I inherited when I bought it.
Ever since I bought it 10 years ago they have been abysmal - and the grounds and communal areas are in a worst state than ever. The maintenance company are total crooks and do nothing at all, they send very limited and generic details out about what our money is spent on. I spent a year taking photos every week of the areas they should have been maintaining to show there was no improvement.
Anyway last year I refused to pay the annual maintenance fee (they expect it in one lump sum and won't do monthly payments). I said I have evidence they do naff all and until they start actually making improvements - such as weeding, repairs, cleaning of common areas, etc - I'll be withholding payment.
They sued me, and it went to the First Tier Properry Tribunal. Both parties agreed that, because this court was several hours drive away, we were happy to submit our evidence and allow them to make a decision based on that, without having to be physically present.
Anyway, last month we got the judgement back and it was decided in my favour, I didn't have to pay a penny - it was completely damning against the maintenance company. It detailed how they provided no clear evidence of maintenance works, the very few invoices they did provide had very little information (sometimes not even making it clear who they were even from), no evidence of buildings insurance (which is part of the charge), that they weren't complying with the law on various counts and shockingly that invoices from "companies" who'd allegedly done work were, when looking on Companies House, registered at the same address as the maintenance company owner! It also detailed specifically how we'd been overcharged for certain things like account preparation and general management fees.
They had 28 days to appeal, which they haven't done. Was pretty happy - until yesterday when I got an email from the maintenance company, who claim that they think I still owe the money and have basically said "you've paid it in previous years so it’s not unreasonable to expect you should pay it again". They claim the judge "acknowledged the money was still due" which is total BS. They ignored completely the fact they have overcharged for various things and that they once again haven't provided evidence of work being carried out - just a spreadsheet with breakdown of “costs”. In short - they are still demanding the money, when the judgement stated I owed no sun, and without evidence of any work that’s been carried out.
What can I do? Surely this isn't allowed - they lost, legally (and morally) I don't owe anything?. In the meantime I am writing to all other owners within the building with a copy of the judgement in the hope we will find another company to take over.
Ever since I bought it 10 years ago they have been abysmal - and the grounds and communal areas are in a worst state than ever. The maintenance company are total crooks and do nothing at all, they send very limited and generic details out about what our money is spent on. I spent a year taking photos every week of the areas they should have been maintaining to show there was no improvement.
Anyway last year I refused to pay the annual maintenance fee (they expect it in one lump sum and won't do monthly payments). I said I have evidence they do naff all and until they start actually making improvements - such as weeding, repairs, cleaning of common areas, etc - I'll be withholding payment.
They sued me, and it went to the First Tier Properry Tribunal. Both parties agreed that, because this court was several hours drive away, we were happy to submit our evidence and allow them to make a decision based on that, without having to be physically present.
Anyway, last month we got the judgement back and it was decided in my favour, I didn't have to pay a penny - it was completely damning against the maintenance company. It detailed how they provided no clear evidence of maintenance works, the very few invoices they did provide had very little information (sometimes not even making it clear who they were even from), no evidence of buildings insurance (which is part of the charge), that they weren't complying with the law on various counts and shockingly that invoices from "companies" who'd allegedly done work were, when looking on Companies House, registered at the same address as the maintenance company owner! It also detailed specifically how we'd been overcharged for certain things like account preparation and general management fees.
They had 28 days to appeal, which they haven't done. Was pretty happy - until yesterday when I got an email from the maintenance company, who claim that they think I still owe the money and have basically said "you've paid it in previous years so it’s not unreasonable to expect you should pay it again". They claim the judge "acknowledged the money was still due" which is total BS. They ignored completely the fact they have overcharged for various things and that they once again haven't provided evidence of work being carried out - just a spreadsheet with breakdown of “costs”. In short - they are still demanding the money, when the judgement stated I owed no sun, and without evidence of any work that’s been carried out.
What can I do? Surely this isn't allowed - they lost, legally (and morally) I don't owe anything?. In the meantime I am writing to all other owners within the building with a copy of the judgement in the hope we will find another company to take over.
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Comments
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EvePolastris wrote: »I have a flat that I pay £500 a year to a maintenance company for to do things like window cleaning, car park maintenance, communal areas etc. This isn't a choice, it's what I inherited when I bought it.
Ever since I bought it 10 years ago they have been abysmal - and the grounds and communal areas are in a worst state than ever. The maintenance company are total crooks and do nothing at all, they send very limited and generic details out about what our money is spent on. I spent a year taking photos every week of the areas they should have been maintaining to show there was no improvement.
Anyway last year I refused to pay the annual maintenance fee (they expect it in one lump sum and won't do monthly payments). I said I have evidence they do naff all and until they start actually making improvements - such as weeding, repairs, cleaning of common areas, etc - I'll be withholding payment.
They sued me, and it went to the First Tier Properry Tribunal. Both parties agreed that, because this court was several hours drive away, we were happy to submit our evidence and allow them to make a decision based on that, without having to be physically present.
Anyway, last month we got the judgement back and it was decided in my favour, I didn't have to pay a penny - it was completely damning against the maintenance company. It detailed how they provided no clear evidence of maintenance works, the very few invoices they did provide had very little information (sometimes not even making it clear who they were even from), no evidence of buildings insurance (which is part of the charge), that they weren't complying with the law on various counts and shockingly that invoices from "companies" who'd allegedly done work were, when looking on Companies House, registered at the same address as the maintenance company owner! It also detailed specifically how we'd been overcharged for certain things like account preparation and general management fees.
They had 28 days to appeal, which they haven't done. Was pretty happy - until yesterday when I got an email from the maintenance company, who claim that they think I still owe the money and have basically said "you've paid it in previous years so it’s not unreasonable to expect you should pay it again". They claim the judge "acknowledged the money was still due" which is total BS. They ignored completely the fact they have overcharged for various things and that they once again haven't provided evidence of work being carried out - just a spreadsheet with breakdown of “costs”. In short - they are still demanding the money, when the judgement stated I owed no sun, and without evidence of any work that’s been carried out.
What can I do? Surely this isn't allowed - they lost, legally (and morally) I don't owe anything?. In the meantime I am writing to all other owners within the building with a copy of the judgement in the hope we will find another company to take over.
If you have a judgement that says you don't owe them anything then don't pay them anything for the period the judgement covers. Should they then try to take you to court for non-payment submit the judgement from the FTT as your evidence.0 -
Lover_of_Lycra wrote: »If you have a judgement that says you don't owe them anything then don't pay them anything for the period the judgement covers. Should they then try to take you to court for non-payment submit the judgement from the FTT as your evidence.
This
Plus - are you saying that the residents own the freehold (residents ManCo or right to manage)? If so, do as you are doing lobby other owners for change and speak to the resident directors about the situation
If there is a separate freeholder get in touch with them as they will have employed the Managing Agent. And see if your fellow owners want to go down the Right to Manage route0
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