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[eagle2]

I don't think that would work, someone, eg a leaseholder, would need to make a claim against the directors and then the insurer would handle the claim probably without involving the agent or the solicitor. The directors are unlikely to be personally liable when following advice received. You could consider...

[eagle2]

I opened an account at Barclays but other banks have similar accounts, perhaps by a different name. You should speak to the right person and explain that you are holding monies on behalf of others and you wish to open a client account. There should be no charges involved, the account will not be allowed...

[eagle2]

The agent and the solicitor would definitely know what they were doing and have an idea of the costs involved. There are different ways of the agent being rewarded but obtaining proof is difficult. To be fair, the management company should be able to rely on advice given to it by an agent and it has...

[eagle2]

The story is not unusual, although there may be variants to the theme. It could become worse, the leaseholder could apply to the FTT, the agent and solicitors would rack up further costs and as you would expect the FTT is likely to decide that the costs are unreasonable. Unfortunately the FTT does...

[eagle2]

The SRA is unlikely to assist

[eagle2]

There are many questions which remain unanswered. I agree that another meeting may reverse a decision. We do not know what the Articles say or how the directors have agreed to operate. What do the minutes of the directors' meetings say? Any director has the ability to commit the Company, but was he...

[eagle2]

I suggest that you hold a meeting of members and decide to run the Company properly in future. I cannot see any point in going to a Tribunal to prove that the charges are unreasonable, you know that already and it will not solve the deficit which exists. Applying for a manager to be appointed is not...

[eagle2]

The simple answer is yes, a board can overturn a previous decision. It was unwise after the leaseholder held a document stating that the matter was closed.

Who is the accounts department, is that not part of the managing agent? Are you saying that one part of the agent is acting contrary...

[eagle2]

I doubt that contacting the SRA will assist you.

Subject to your replies, you should consider making an offer to settle on a without prejudice basis subject to costs. The earlier you make the offer and the less work which has been carried out by the solicitor, the better.

[eagle2]

How much later than the deadline did you make payment? Did you send a letter with your payment reserving the right to challenge the charges at a later date?...

[eagle2]

I recommend that you ask the insurance company to note your interest in the policy.

[eagle2]

The message is clear, if you need to make payments, make them yourself, do not allow others to hold your monies indefinitely

[eagle2]

The RICS code of practice (7.12) states that the agent "must not charge for the inspection and copies or extracts from any documents ... may be taken"....

[eagle2]

I suggest that you ask for a copy of your file from your solicitor to see what enquiries were made at the time of your purchase and to discover when the cheque was sent to the freeholder. No solicitor should suddenly become aware after 3 years that a cheque has not been presented, they have a duty to...

[eagle2]

Well done for persevering and for letting us know the outcome.

[eagle2]

If unused monies are not held, there is no need to keep a bank account at all. If monies are held in advance, they need only be kept separately to your own monies, it can be a separate bank or savings account, it does not need to be a business account. I am not suggesting it but you could ask someone...

[eagle2]

You can ask the freeholder to comply with s20 and consult you. You can also ask the freeholder to use different contractors. The main question though is whether or not the charge to you is reasonable and you appear to have grounds for arguing that it is not.

[eagle2]

Most bank transactions are arranged online by automatic transfer and the days of having 2 signatories are long gone. Cheques are rarely used although they can be useful if you are paying specific items only and you can keep a copy.

The service charge records are a different matter, they...

[eagle2]

The difference is that the monies paid to a solicitor are unlikely to be credited by the freeholder or agent and it is more difficult for a leaseholder to recover monies from the solicitor. The SRA is unlikely to assist leaseholders with legal matters and surprisingly, it does not seem to consider that...

[eagle2]

If your terms for withdrawing your application included payment of your costs, you are entitled to be reimbursed, otherwise you appear to be changing your terms or saying that the terms have not been agreed. If you have paid an application fee, it is reasonable that you are repaid that expense. Other...