Unauthorised lease variation

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    #16
    Tried that Gordon the broker refused they said they will only give the information to the Principal and even RICS guide states they need to be transparent

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      #17
      Macromia,

      You don't happen to be a managing agent yourself do you? as you seem to put forward that managing agents can do stuff when they cant as I have said earlier unless you are FCA authorized or RICS members you cant claims handle or take commissions. That comes straight from the horses mouth the FCA.

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        #18
        Another angle I thought about under due diligence should the insurance brokers be doing deals with non FCA members...may report the brokers to the FCA as well.

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          #19
          Originally posted by Gordon999 View Post
          But there is nothing to stop you demanding the broker to reveal how much commission is paid to your managing agent or freeholder.
          Originally posted by Stacker View Post
          Tried that Gordon the broker refused they said they will only give the information to the Principal and even RICS guide states they need to be transparent
          There is no legal obligation for the broker to provide any specific information about a policy to anyone except the policyholder (or in some circumstances relevant law enforcement bodies).
          If you wish to know anything about insurance policies that apply to your leasehold property you will have to request the information from the managing agent and/or freeholder. Managing agents are supposed to disclose any commission that they make (if they get anything at all) but I believe that this is 'best practice' rather than a legal obligation, and freeholders currently don't have any obligation to tell you anything about commissions.



          ​​​​​​​
          Originally posted by Stacker View Post
          You don't happen to be a managing agent yourself do you? as you seem to put forward that managing agents can do stuff when they cant as I have said earlier unless you are FCA authorized or RICS members you cant claims handle or take commissions. That comes straight from the horses mouth the FCA.
          No, I'm not a managing agent. In my experience, managing agents are generally pretty much useless and don't even come close to providing value for money for leaseholders. Unfortunately, current laws allow leaseholders to be fleeced because they are mainly influenced by organisations that protect the people who make money off leaseholders.


          ​​​​​​​
          Originally posted by Stacker View Post
          Another angle I thought about under due diligence should the insurance brokers be doing deals with non FCA members...may report the brokers to the FCA as well.
          Since your original, vaguely worded query didn't mention insurance commissions or insurance claims, I don't think that Gordon should have even brought up FCA authorisation - it seems to have led you off on what seems to be a pointless tangent that I doubt has any hope of getting you any sort of worthwhile result.

          A few additional questions for you (even though you have still made no attempt to provide the information that I asked for earlier (without which you cannot be given appropriate advice):

          1. Do you have any evidence that a commission has been paid to either the managing agent, or the freeholder, as a result of insurance being placed with this particular broker?
          2. Are you aware of any recent claims having been made on the insurance, or any claims that are currently being made?
          3. Do you have any evidence that the managing agents have been directly involved with any negotiations about the insurance (whether while the insurance was being arranged, or as part of the handling of any claim), or any evidence that they advised the freeholders about the arrangement of the policy or how any claim should be settled?

          If the answer to questions 1 & 3 is "no", you have nothing to go to the FCA with.

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            #20
            Macromia I sense we will have to agree to disagree on some points as you are frankly coming across as a defender of the freeholder, I wonder if you are a freeholder, member director yourself? You are entitled to your opinions however that is all they are opinions. I tend to go to the authorities such as the Financial Ombudsman, RICS, Property Ombudsman and a solicitor I would rely more on their advice including LEASE than your opinion. So I will leave you on that note as I have also been looking at past Tribunal papers and I have been fortunate to find as you have done in the past good case law which supports my case.

            Comment


              #21
              Originally posted by Stacker View Post
              I sense we will have to agree to disagree on some points as you are frankly coming across as a defender of the freeholder, I wonder if you are a freeholder, member director yourself?
              Agreeing to disagree is something that people should only do if the subject is a matter of personal opinion. It shouldn't be considered a 'solution' when either the relevant facts are unknown or one side refuse to accept them.
              In this case you haven't provided the information that is necessary to answer your queries. If you would do so, it is possible that I might agree that you have a case that might be successful in a court or tribunal (and, no, I am not a freeholder, or a director on freehold company - and nothing I have posted is in defence of freeholders).



              Originally posted by Stacker View Post
              You are entitled to your opinions however that is all they are opinions.
              Um, yes.
              That's what you get as replies on forums. Most of the people who reply like to give informed opinions - but that requires the provision of relevant information relating to the query by the person asking for help.



              Originally posted by Stacker View Post
              I tend to go to the authorities such as the Financial Ombudsman, RICS, Property Ombudsman and a solicitor I would rely more on their advice including LEASE than your opinion.
              Any advice that 'authorities' might provide relies as much on the provision of the correct information as advice on a forum does. If you provide incomplete detail, or ask the wrong question, the advice that you get will not be appropriate, and may even be inappropriate.

              Without meaning to be rude, if you aren't going to post the information that is necessary in order for questions to be answered properly in a forum, and don't respect the opinions that you get as replies anyway because you prefer to go to 'authorities', why waste your own time, and the time of anyone who might reply, by posting forum questions in the first place?

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