The major works 2015. Going to court

[Delainie]

I'd like to know if anyone that lives in Oxenford street, copleston road and oglander road , bellenden road and everthorpe, whether you had or have issues re the external works programme called safe warm and dry, whether you refused to pay, etc etc. My property was partly painted at front and absolutely nothing to the rear of property, too long a story and don't wish to bore you with details. I did not pay and am now being taken to court. Has anyone else refused to pay and been called to court. I have no idea how it'll pan out, although I have photos, emails ,Harriet Hartman letter, to prove I was trying to get work done and now saltash the contractors, Shan the liaison officer and a manager Chris ayton from the council have actually lied on their witness statements saying I never gave them access. That I was difficult from the start, it really beggars belief. I'm really not happy I'm being accused of lying, They never ever asked for access, they all climbed over the supposedly repaired roofs, without a walkway or duct board. Any experiences?? Surely I'm not the only one who refused to pay! Bit anxious re the court though if the judge is fair I think he will see I contacted several people involved with the work, spend hours in Harriet harmans surgery, trying to get them to do the work, why would I do this if I then refuse access. I will never ever buy a leasehold ever again. The council take the absolute p***

[KidKruger]

I'm sure the judge has seen it all before and you may well find that it never gets to court and council are using heavy-handed tactics. Council will know it can't stand-up in court without evidence, which by your information they cannot possibly have ie. proof of having requested access and been denied.

Yours will not be the only case like this I suspect.

[Delainie]

Thanks Kidkruger, I was told by council that I need one of the people who said I denied access , to visit and arrange with contractors a date before we go to court (court date 13/02/17)to get work booked in and work has to be booked and done before end of March, that the judge will be angry if nothing is agreed. I know I'm anxious , mere me taking on council however I said I hope the judge isn't then angry with me as I ticked mediation which the court offered, council didn't, it's only now 3 weeks before court date that they are trying to get me to arrange so when we go to court, if it's all agreed, well the judge won't see and hear my evidence, if we have reached an agreement. It's more the principle,the contractors behaved as though they were working on a building site, one even opened the bathroom window when my neighbour was sitting on toilet, just turning up willy hilly outside Windows, no Id, no uniform, I call the warm safe and dry programme carry on saltash, it really was a joke. Damaged my property and asked for ?5000. Anyhow I just hope the judge looks at my evidence and is fair.

[Angelina]

You do have to pay towards external works, unfortunately - it's the terms of the lease you signed when you bought the property.

The major works schedule will have been circulated in advance and the cost should have been communicated. Was that not the case?

If you are arguing that the work wasn't done to specification, then you should make that point to the council, as they are managing the contract for the work.

If they are saying this work didn't happen because you didn't allow access, then - if they are now offering to get the work done - you need to arrange with them to do this.

It's not going to happen that you don't have to pay.

A last resort would be that they approach your mortgage company and ask for the sum to be added to the mortgage.

[KidKruger]

the judge / magistrate knows the plight of individuals versus councils and organisations, he/she won't expect you to be a court expert and will guide you through the procedure. Just make sure your story is straight and the opponent can't prove their allegations.

[nxjen]

I wonder if you've seen this thread from 2015

http://www.eastdulwichforum.co.uk/forum/read.php?5,1555979,page=1

[Delainie]

Thanks Kidkruger, I feel a little less anxious now. Nxjen, yes thanks for reminding me about those posts, perhaps I could print them and bring to court, so he/she can see it's not just me with issue. Doubt I'm allowed to though!

Thanks Angelina, I know what the lease entails, had they done the work, I'd have paid by instalments and if substandard, I'd have gave them a year to resolve and then put payments on hold till they sorted it. This is about not doing any work, I don't know about others, to me ?5000 is a lot of money for nothing and by the time they get around to working out the actual cost, still now nearly 2 years and still an estimate, no actual, they would have ?5000 for nothing apart from damage to my property. I have plenty of evidence to back me up, photos, emails, text messages, I tried to get them to do work, waited in to no avail. Looking at council papers, they have no evidence I denied them access. They can't add to mortgage as don't have one. Anyhow I will just have to wait and see on 13th, pleased it's not Friday!!!