A Worried Home Owner
By admin | June 21st, 2010 | Category: Past Articles | 14 commentsFrom time to time, we try to highlight some of the cases that get reported to us by residents of properties that Solitaire Property Management are responsible.
This time, we’ve received the following message from a homeowner of a George Wimpey Development in Maidstone:-
Hi
Thanks for your website, we have been a new property for 6 months and the first time solitaire contacted has was to give us a administration charge and threaten us with debt collectors.
This company are only charging a few residents on this new estate. Do we have any come back with George Wimpey for employing this shambles of a company.
They have never ever visited this site, what are they charging me for. What are my options. What a gather from your I have to pay or I can not sell my property.
Will they get a court summons to use Debt collectors? Can I taken them to small claims after paying them for charging me foe work they have not done.
Should I just get out and sell property now. Are things this bad
SL
(A worried home owner)
What strikes us immediately from the message that SL has sent us, is the fact that he states that it is Solitaire Property Management that are responsible for his development.
Andy and the other cronies at Peverel Property Management have been all too keen to advise us that PPMG had taken over Solitaire developments and that either OM Property Management, Consort Property Management or Peverel would now be responsible for their developments.
So, judging by this message, a development that is 6months old is being maintained by Solitaire Property Management, a development that in theory should be being maintained by another of it’s guises?
Therefore, is the SPM brand being used at ‘new’ developments to cream the cash in from customers who are naive to service charges, whilst not providing any services! (an all too familiar story!)
We believe that George Wimpey should be made aware of these issues and force a change of the PMC, especially if the freehold is yet to be sold to another PPMG / CBG company!
Andy, we have explained the likely response you will send SL and warned him to not get his hopes up, but his message does go to show that things aren’t improving and that it isn’t just the ‘legacy’ SPM sites that are having problems, so how do you explain SLs issues at a 6mth old development?
It brings us back to the point of how SPM pressure you to want to sell-up to get away from them, but as many of us have said before, once trapped, will we be able to escape the claws of SPM without RTM / LVT.
Worried Home owner should be complaining to the local MP and also to Mr Grant Shapps Housing Minister and Mr Eric Pickles Secretary of State to tell them the Leasehold System is fit for use in 21st Century because the builders and freeholder companies and agents are just using the system to extract money from leaseholders..
Bruce & others,
I think you mean “not fit for use in 21st Century” – with which I agree.
If “parents”, “teachers” and “others” are being given the right to set up “free schools” with tax-funded money, then surely its about time to treat “leaseholders” as competent adults who are capable of owning their freehold and managing communal sites themselves?
With regard to the letter quoted in this post – the details are sketchy, but if it is a brand new site and Solitaire is only charging a few, it is possible that some of the dwellings are rented out and the private landlords/ social landlords are paying the service charges and /or not all dwellings have been sold by the developer and the service charge is being met by the developer ubtil they are sold.
Whatever the full facts of this specific case are, the place to start enquiries is THE LEASE. The soliticor dealing with the purchase should have sent/given a copy of this legal document to the purchasers prioe to their agreement to sign the contract to buy siad property.
Hi Admin,
Thanks for this posting. I very much hope that you are still committed to helping us, as stated on this site on June 4th,
“TTAS has decided to offer an ‘olive branch’ to SPM / PPMG – whereby, instead of causing problems for them, we are willing to try and work with them to help you with your complaints.”
Admin, in order for us to help ‘SL’ and provide the answers they need, as well as other posters with queries, I would urge you to always forward me their email to my address at andy.solitairepm@peverel.co.uk
In order to investigate fully, I do need to identify the development concerned.
One of the main reasons for posting on this site is to demonstrate how we are changing Solitaire’s operations so we can deliver an improved service. Admin, if you genuinely want to help as part of this process, we would welcome your positive response to our suggestion.
Once a customer has been in touch and supplied their customer reference number, I can quickly bring it to the attention of the Solitaire senior property management team. They are always happy to call a customer or meet them on site to discuss their particular concerns.
Admin – I do hope you will advise ‘SL’ to get in touch with me directly.
Many thanks as always.
Andy
Solitaire Online Feedback Manager
Dear TTAS,
Whilst it is not my place to speak in place of Admin I would note that Olive branches will wither and die if the tree is not watered. You seem to be experiencing a bit of a drought.
Now Andy,
I have to be a little bit careful that I don’t overstep the mark when posting on this forum because frankly, as a surveyor I am disgusted by the alleged practices employed by PMC’s such as yourselves on a national basis and I do not want to give you or any other, ammunition to nullify our extremely effective services. I would further note that surveyors, solicitors and associated trades within this industry are meant to represent themselves with honour and integrity; indeed there are many that do. Finally I thought that I would remind all visitors to this forum that one of the key elements of the RICS Code of practice is that Service Charges should be operated on a “not for profit not for loss” basis. Can you truly state that your company follows these guidelines?
The CBG group oversees close to 40% of the countries Private Leaseholds, a sizeable chunk which any management company would be proud to lay claim to. With a market capture of that size I would think it pointless to employ questionable residential management practices being as your multiples for effective management are so large. But I am sure that you have nothing to hide and therefore nothing to be concerned about Andy.
My advice to every Leaseholder … Do not quickly forget the excesses you have had to swallow so far. If you have overpaid, you are entitled to seek compensation from your Freeholder whosoever they may be. And do not forget, the Managing Agent is merely a tool; the buck does not stop there unless there is wrongdoing, in which case, best check on your Professional Indemnity Insurance boys!
Kind regards,
James Butler Esq.
SL,
who is the debt collector in question?
Are Peverel using anyone else but Property Debt Collection?
Andy, is PDC or anyone who works at PDC a former employee of Solitaire?
Are you reactionary, if so, I would recommend to make some banners? I would go to Wimpey Sale office to threaten to change the management company NOW or I/we will be coming to your sale office to inform the prospective buyers with the banners about the threats made by ruthless management company in operation. We will also leaving posters on their car window screen to inform them about the threats?
If Solitaire name is listed in the lease as management company then ask the builder to pass resolution to give the power to the leaseholder association to hire or fire the management company.
Call the media to high light what solitaire are all about and how council are passing builder’s created leases which permits the bulling that is spoiling the enjoyment of life. This is breach of your “ human right”.
If you tell us the site then some of us might give you helping hand to highlight the problem and contact the builder so in future they will think again and may force them to hire a good caring ethical, and law abiding management company that may become their selling point.
ACTION NOW
Dear SL,
Apologies, in answering Andy I neglected to provide you with direct guidance. I also list some general advice and tips for others.
Now when it comes to the collection of charges you must appreciate that debt is big business for PMC’s. Many will see this as an opportunity to multiply and enhance their profit margins. So you see you are going to struggle to pay on time even if you want to because a good payer does not provide such PMC’s with the debt multiple they hope for. They will do everything possible to be elusive.
Common practices to look out for:
1) Raise late payments on 14 days rather than 21 days as per the terms of most leases (some even raise before the payment due date and recover as per 4 so that every invoice raises a multiple). You do not technically have to pay but ask if in doubt.
2) Employ Debt recovery at inflated prices, many take kick backs from each charge, anything up to 50%.
3) Employ solicitors to enforce far earlier than is reasonable, even at the beginning which by the way most LVT’s and any good judge will see as excessive / unreasonable force and dispense with their fees. Unsurprisingly there are some hefty kickbacks from these relationships also.
4) IMPORTANT … Watch out for PMC’s recovering / refunding their Administrative errors out of the Service Charge fund, this again is common practice and is NOT ALLOWED! This can add many of thousands of pounds onto the Service Charge each year and you won’t even realise unless you are looking for them … I bet you will now!
5) Issue Invoices with multiple company addresses / difficult to read logos etc, thus promoting confusion and subsequent late payment.
With regards your question “Do we have any come back with George Wimpey for employing this shambles of a company”. The answer depends on whether George Wimpey are still your Freeholders or not. If you can clarify I will give you a little further advice.
For now my advice is as follows:
1)
Do not panic, there is always a solution to neutralise these practices. There is no need to sell your flat; you picked it because fundamentally you could see yourself living there. You simply need to apply your rights to realise balance.
2)
Regarding outstanding invoices, write to your managing agent and inform them that you are disputing the charges which have been applied and ask them for a full breakdown, copy invoices, apportionments and calculations. Importantly, do not refuse to pay as this will make them smile as they add further debt recovery / legal charges to your account. Your PMC is relying on one of two things, 1) scaring you into paying or 2) angering you into withholding payment outright thus forcing a breach or covenant under the terms of your lease (which of course gives them rights of enforcement). Never enter into a dialogue with solicitors either in writing or over the telephone as this can prejudice your position.
3)
Whether you are reactionary or not, my best advice it to get all or a majority of the Leaseholders together and discuss your options. If you are experiencing problems then I guarantee your neighbours are. Remember … Alone you are weak, together you are strong.
I hope that this helps; you know what we do if you want firepower on your side or if you or any of your neighbours wish to pursue retrospective claims. Please spread the word.
Kind regards,
James Butler Esq – Director
Andy,
I am sure everyone on this site is as impressed as i am by your wonderful efforts to resolve the problems with The Ravenscroft Estate.
Since you are clearly a busy man working for a company that is held in bigger contempt than BP is in the Gulf Of Mexico, i have kept my posts as simple as possible.
All i have asked is that we on Ravenscroft can see a copy of the survey for valuation carried out on behalf of E&M in December 2008!
I am sorry that all this time later we still have not seen this. After all it is not much to ask is it?
To those that are reading this post and are starting to think the reason we can’t see it is because it wasn’t done, stop that thought right now! That would mean a reputable company such as peverel would have committed fraud!
Whilst, i realise their are many issues with peverel, the thought that peverel would commit fraud is ridiculous.
Prove me right Andy. Post the copy of the survey carried out in December 2008 on this site!
Andy,
Once again people are being threatened by Centurion, who as you know are part of E&M.
Specifically, those that own no 32, on our estate have been told that they face court action for not paying the new amount of ground rent. All they ever asked for was to see a copy of the survey carried out in December2008 which determined the ground rent.
I have posted this so it is in the public domain, so that their is no confusion if court action is taken.
Michael I regret if this is inappropriate……..
Have you asked who carried out the revaluation survey and have you asked them?
Francescc
Please you are not inappropriate in any way.
By your post you have shown that despite the hardships you are suffering at the hands of our occuping force you care about others in their troubles. So thank you.
Yes, i have asked who carried out the valuation but E&M refuse to answer. They have tried other valuations, indeed they are going to try another one next week. Since they sent out invoices for payment on their original survey and some have paid and sent debt collection letters to those that queried the survey, i think even they have realised the trouble they would be in if by any chance they had not done a survey.
Because of so many other failures on our estate, our manager agreed to put a hold on collection of service charges, until a log which he created was resolved. Included in this was E&M.
I do think he was genuine at the time. However, as soon as it became apparent what E&M had actually done, the backsliding started. From resolving the log, it became the majority of the log, from to our satisfaction it became to his satisfaction and E&M was not to be included.
So i would like to reveal to all that read this post including Andy and our manager Dr Doolittle- doo sod all. Until all our issues are resolved and i mean all no matter how much you threaten me I will stand firm. I will fight for myself. I will fight for those on the Ravenscroft Estate. I will fight for all of you who contribute to this site, and i will fight for those in their latter years, who made such sacrifices for my generation.
They deserve a dignified and peaceful retirement. They did not deserve to be called “dribbling geriatrics”
I will never forgive anyone associated with Peverel for that comment EVER!
Dear dear Micheal, you and me have the same passion. who ever
knows me will tell you Nicky neaver fought for herself but only
for others who could not make a stand due to lack of money, knowlede,
time and soforth. Even know every thing around me has become a
battlefield I still stand firm. I rather go six foot under than
scrifies my principals.
Even now what ever I ask I get oppossite that is thier weekness and
not strengh which cleaver person can manipulate to set them up.
you all know I am not that, am I!!!!
Another worried owner, who hired professionals, the cream of UK, got no where except wallet got lighter and someone else enjoyed the cream at my heavy cost!!!!!
Update on my 2 court cases and sale of my property:
1. Nicky Vogg vs IBB Solicitors, hearing on 1 July 2010 but adjourned.
As you may be aware Nicky has no legal representation and fighting one of the largest Solictors firm.
Firstly the County Court Judgment was passed against me without the court hearing which I applied to put aside. I went to the court On 1 July for the hearing at the same time a letter arrived at home that hearing to put the judgment aside will take place in November with a note that it may be changed to another court and may be heard by another solicitor. I asked 1 Hour time for the hearing which was reduced to half hour.
Secondly, I paid around £450 for court fees but received a letter that no payment of £300 had received and my court case will be stuck off if I do not pay.
the payment was made by the due date and my papers were stamped so luckily I was able to prove that see below entry.
http://flatforsaletender.co.uk/resources/3.claimhearing.pdf
which was printed on 22 May 2010 under below tag
http://www.thetruthaboutsolitaire.co.uk/2009/10/07/peverels-involvmen-within-arma/
On the day of hearing there was not enough time so case was adjourned against the wishes of the Solicitors, who argued that there was sufficient time and it was too far him to attend another day. The Judge rightly ordered that both claim and the application to put the judgment must be heard on the same day and the application to put judgment aside must be heard first. The Solicitors were ordered to file Witness Statement within 7 days as they did not do so.
2.The loss Assessor, the Secretary to the Loss Assessor Association vs Nicky Vogg, hearing on 2 July 2010 but adjourned.
I put an application to pass County Court Judgment against the Claimant and dismiss the case against me. The Judge warned the loss Assessor that Nicky Vogg can legally enforce the County Court Judgement against him but advised me not to do so. I am thinking whether to do or not. Would the big boys shown mercy to a lay person or not if the shoe was on other foot? Once again the right papers were not served and ordered to do so.
3. My property was also going to be sold on the same week but could not go ahead.
SORRY, ERROR – ADMIN IS IT POSSIBLE TO CHANGE ONE WORD.
1.N V VS IBB
SECOND PHARAGRAPH 5 LINE THE 2 WORD SOLICTOR TO BE DELETED AND JUDGE
TO BE INSERTED AND PLEASE ACCEPT MY APOLOGIES