potential scam on rent charges

eddddy

theycallmetrinity said:

yes all done but here is not the rent charge in discussion. is how this company acted the issue that i want my solicitor to investigate. i will post once i know something new. 

You should worry about paying your rent charge first. Then worry about the other stuff.

The legislation you need to refer to is the Law of Property Act 1925 (LPA 1925) Section 121.

It says that you must pay your rent charge within 40 days, or the rent charge owner can take possession of your property.


Are you using a law firm with experience of the Law of Property Act 1925? It's a specialist area, many law firms won't have people with experience in that area.

theycallmetrinity

nope! after the fraudulent call i have reasons to investigate is the right company and if it is the people who manage it plus the female accomplice must be held accountable. 

Titus_Wadd

I'm not sure how you might quantify your loss in order to make a civil claim against the company/director for their method of communication; ££ - that's all you can recover via a civil action.  A decent solicitor would probably advise that this isn't really a viable option unless you have money to burn for the sake of a principle.

An invoice for around £200 is an ideal scam amount - believable and yet not a huge amount.  Plenty of firms pay opportunistic bogus invoices every day.  The police won't be really interested in a small scale scam, sad but a reality.

I'm worried that the OP is being sidetracked by the perceived dodgy communication.  I'm not trying to minimise OP's feelings about that, but I just don't think it's the main issue.  Have a full and frank discussion with a good solicitor who is up to speed on modern Estate Rent Charges to weigh up the actual priorities here.  If you uncover an actual fraud then a group of householders reporting it to the Police might prompt an investigation.  As part of your solicitor's investigations they might uncover dodgy behaviour by the directors which might be "worth" reporting to Companies House, or might not.  I'm using the word "worth" with caution because this will probably not amount to any "compensation" for your lawyer's costs, time, anguish and feeling of affront.  Sometimes there are fights that you have to walk away from for your own mental health (I speak from experience).

ETA Maybe the dodgy communication has tipped you off to a scam and stopped you paying a scam invoice.  If that's the case, give yourself credit for trusting your instincts.  But if the ERC invoice is valid you still have to pay it as a priority.  Let us know how it all pans out.

WIAWSNB

Surely the OP will have plenty of warning before any action that could cause him any risk? 

The Co. would have to follow up the 'dodgy' claim with an official final demand, making clear what action could follow. Then a legal letter and so on. 

He's unlikely to lose his house after 40 days.

He coughs up just before it starts to cost extra

theycallmetrinity

My solicitor told me he will reoort to the ICO and company house plus he will first demand the company to explain the letter which clear state their involvement in the fraudulent call plus the identity of the female accomplice who impersonated the bank because is my right to know to who i gave my sensitive data to. If they refuse the ICO will perform an investigation on gdpr breach. My intention is to sue them and take them to court but i will leave the solicitor to advice on it. I have no more info on this and i will update when i know something new so this will help everybody else in similar situation 

bobster2

WIAWSNB said:

Surely the OP will have plenty of warning before any action that could cause him any risk? 

The Co. would have to follow up the 'dodgy' claim with an official final demand, making clear what action could follow. Then a legal letter and so on. 

He's unlikely to lose his house after 40 days.

He coughs up just before it starts to cost extra

Not wise to make assumptions like this. Laws related to rentcharges have tended to be draconian - and different to those relating to collecting other types of debt.

OP's rentcharge payments are at least 10 years overdue!

Under older legislation - a rentcharge owner could take over the land and set up a lease if a rent charge was unpaid for forty days - even if they had not made a legal demand for payment. The onus was on the freeholder to find the rentcharge owner and pay them,

Changes to legislation in 2024 mean this is not possible for some types of rentcharge - but may still be for others.

It's a complex area - which is why specialist advice is needed. See here...

https://www.simmons-simmons.com/en/publications/cm0gqfumo0010ujzoxar66a0w/leasehold-freehold-reform-act-2024-how-does-it-affect-rentcharges

Titus_Wadd

I have had dealings with the ICO and they did identify a deliberate data breach by a council officer.  However, they then pass the case back to you to take action (even if they write to the culprit or body involved) - usually via the culprit's complaint procedure.  We are 3 years into this process so don't expect a data flying squad to swoop to your rescue.  

The ICO is not an authority that takes action on our behalf.  Using a solicitor to report things like this is expensive when you can do the same yourself.  I just want to manage your expectations of any likely punitive action against any of the players - however justified you feel without hard evidence the phone call seems difficult to prove and the players hard to identify.

A solicitor will be more than happy to write a few expensive letters for you; I just doubt the outcome will bring you satisfaction and you will be out of pocket.

WIAWSNB

It's an interesting situation, TCMT. 

Keep an eye on what Bobster2 has said above, and confirm with your solicitor. If this company is 'legit' in principle but 'dodgy' in some of their practices, you can possibly anticipate they'll prompt action against you for a lack of rent payment once they find out what you are challenging them on.

Check with your solicitor - in writing - that you are currently on safe ground, 'rented' or no. 

eddddy

WIAWSNB said:

Surely the OP will have plenty of warning before any action that could cause him any risk? 

The Co. would have to follow up the 'dodgy' claim with an official final demand, making clear what action could follow. Then a legal letter and so on. 

He's unlikely to lose his house after 40 days.

He coughs up just before it starts to cost extra

No. That's absolutely wrong.

Non payment of an estate rent charge is mandatory grounds for a rent charge owner to take possession of a property.

As this solicitor explains:

Estate rent charges certainly cannot be ignored because the penalties can be severe. It is worth noting, for example, that if payment of the estate rent charge goes unpaid for 40 days or more, the rent charge owner has a statutory right to re-enter the property, meaning they may take possession of the property and exclude the homeowner.

...

As a result of the significant problems that can occur, some mortgage lenders take the view that they will not lend on properties that have with estate rent charges.

Link: https://www.boysandmaughan.co.uk/site/library/legalnews/rent_charges_issues_to_consider.html

MeteredOut

theycallmetrinity said:

appreciate your comment. my actions are a legitimate response to the method they used to get unlawfully my personal data and to make sure they are the right people. 
i repeat if they knew my number why not calling me directly explaining stuff instead of making me suspicious of a scam.  i said that earlier... things could have possibly gone smoothly but they decided to impersonate a bank which triggered my response. 
i cannot believe how many people would have just blindly paid after being cold called by an impersonator of a bank. 
these companies rely on the fact many people are broke and would not even dare to take them to court if necessary. 

I'm not sure 1 person has actually suggested they, or you, would/should blindly pay the invoice.