I believe my claim of £7604 is only the provable direct loss - that I am having to pay for the works the council are doing under the Section 20 and the bill should be sufficient? The bill is £7604. Is this sufficient proof? I am not looking for compensation, just that they pay for the cost of the Section 20. Thanks for your advice Andy (I am a novice, never been to Court before).

Thanks Andy, Is your view that their defence reasoning strong? I'm not a betting person but would appreciate a hint of my odds of winning the case? And is my next step to issue my claim via the small claims court or should I counter offer? I am prepared to go all the way to Court but may settle if the amount was closer to my claim. Blanked out copy of 2nd offer Sol letter dated 6th October 2022.pdf

Yes, no mention of section 36 ( I was re-reading the letter to double check). Claim was for £7604 inc vat

@Andyorchan offer to settle for £3500, admitting no liability, without prejudice save as to costs, along with a signed waiver signing away my rights to claim on any/everything else to do with the property going forward....but offer is only valid if I accept before Wednesday.

Thank you @AndyorchI really appreciate your help. The deadline to respond that they have given me is by tomorrow, would you be kind enough to have a look at this for me. Many thanks.

@stu007 @AndyorchI hope you dont mind me tagging you. Wondered if you would kindly be able to read my last post (with letters attached) and offer me guidance on how to proceed. Thank you.

Hello, I have enclosed my Letter of Claim. I have now received a response from the Solicitor, whilst not an acknowledgement to my Letter of Claim, it is his initial response and he has now upped his offer of goodwill payment as "without prejudice save as to costs". I thought it relevant to enclose a copy of the first offer of goodwill payment as the Solicitor in that letter admits that things could have been handled differently, which is the opposite of the latest letter. In summary my claim currently totals £ 7604, incl VAT for the cost of the Section 20 works but I am still not in receipt of the final bill as the work is yet to be fully completed (it may well go a little higher. Work should be complete by Christmas. It was meant to be competed back in July). The solicitor is offering £3500. I have requested a copy of my file (to include my conveyancing solicitors paperwork) under a Subject Access Request. I still await receipt. I would appreciate your thoughts on this offer, any next steps guidance as the negligent Solicitor has put a deadline of days on his offer which I received yesterday (8th October 2022) but is dated 6th October 2022. Also, if it is possible to put a % chance of success on my claim I would appreciate it. I'm fairly cautious in nature and dont want to take too much of a risk in losing the offer of £3500 if my chances are low of winning. Thank you for all your help in this matter, I do appreciate it. Blanked out Sol response 1st offer dated 26th January 2022.pdf Blanked out copy of 2nd offer Sol letter dated 6th October 2022.pdf Letter of Claim - scan.pdf

thank you - good to know. I have had no acknowledgement from them. Should I chase this to ensure that they can't claim non-receipt? (even though Royal mail confirmed receipt of the package).

Good evening, I have issued the Letter of Action. The next stage of the protocol is for the other party to acknowledge receipt of my claim. I have Royal Mail proof of receipt (so I know its been received) but the other party have not yet acknowledged. Day 21 will be in three days. If they do not respond, what would be my next step? Should I chase their acknowledgement? (This is not really covered in the protocol). Thank you.

Yes thats the section but I wanted to know who are the adjudicators? Is it a Company?, an ombudsman?

Good afternoon, I am currently completing the Letter of Claim and note the section (i) that I have to indicate if I am happy to refer dispute to adjudication & that I should propose 3 adjudicators or seek a nomination from the nominating body. I have spent hours trying to find out who this is and even approached the SRA who said they couldn't advise me. Is someone able to advise me on this, as to where I can get this information from? (searched this site too and couldn't find the answer.). Thank you.

This is was I put in my initial complaint - - Your firm should have advised us further on the implications of the LPE1. - That only sending a copy of the LPE1 and inviting us to raise any queries was not sufficient. - That your firm should have discussed the LPE1 in more detail given the circumstances of us not having purchased a leasehold property before. - By failing to provide detailed advice, as detailed above, you removed our options at the very least to renegotiate the asking price or to walk away completely. My partner and I would have withdrawn from the sale. We are risk adverse and with a better knowledge now of section 20, we would have viewed this as a complicated purchase, and withdrawn. We only mentioned the removal of our options, in the email above, to highlight the fact that this type of discussion would perhaps have taken place, but didn't, because no advice came forth from the solicitor. Would you kindly confirm that, by us mentioning these options, we have endangered our claim to recover the full costs? (Just t want to clarify - as you said this earlier ( "But you have a strong case for saying that any damages should be assessed by reference to the full additional cost. I say this based on your answer to my first question - had your answer been different I would have said you have no claim.")) Thank you.

Thank you. After now becoming aware of section 20 and what it involves via the Internet, I find it hard to believe now I would have proceeded based on what I have read. In my first complaint email I did say to them- by them not advising me, they took my options away to either withdraw from the sale or to renegotiate the asking price. Has that hampered my claim? (I don't think I would have renegotiated price personally as I am pretty risk adverse and as mentioned before, from what I've read, section 20s are messy and best avoided. With that knowledge I would have walked away.)

Thank you Mantis Shrimp for your opinion and information link. Am I right In thinking, once I've exhausted the Solicitors firms complaint procedure, my next step will be to bring a claim via the small claims court? Or should I go first to the Legal Ombudsman, then if still not happy, the Small Claims Court? If I was to ask you for a % chance of success with this claim, would you be able to offer me a %? . And would that change (decrease) if I continue to proceed asking for the full cost of the section 20 to be met? (Would the Judge feel I shouldn't have expected the full amount and think badly of me for bringing a claim for the full amount?). Thank you.

I would have not proceeded with the purchase.

Hello. Your help and guidance would be appreciated. Background. I instructed a solicitor to act on my behalf in the purchase of my first investment property. The property is a leasehold flat. The solicitor is well known to me as I had used them previously 3 times for all my main home purchases (all of which previously had been freehold properties). Solicitor was aware this was my first leasehold purchase. This purchase took place during covid, I never met physically with the solicitor. Nearly all communication was dealt with via email/letter. I received the pack a week before exchange/completion with a covering letter that stated "we are now ready to proceed with your purchase", "return all documents to us in readiness for exchange " and " if there is any item in this report that you do not understand or require us to clarify, please do not hesitate to confirm this at our meeting". It was quoted the leasehold information pack and stated it was enclosed "which shows audited accounts, copy buildings insurance and replies to standard leasehold enquires" Nothing else was mentioned/highlighted. The pack enclosed offices copies and filed plan, copy lease, EPC, Property Information form, Fittings and contents form, Leasehold information pack, local authority search, drainage search and environmental search. LPE1 document stated Section 20 works anticipated in next 2 years - yes, listed some work details -cost £4k. increase in service charge over 10% - no. Situation Solicitor did not highlight section 20, what it was, implications etc. Nothing said, highlighted or explained. We have never heard of a section 20, nor knew what it meant. We received a section 20 notice, which came as a shock some 6 months after completion. Upon reviewing pack I can only assume that I made an assumption that the £4k mentioned along with the increase n service charge being no, that I assumed work if carried out would be merged with the service charge. I didn't know what a section 20 was until I received the letter (post completion) advising that a section 20 was now in force and the cost would be £8k (including the building owners management fees). If I had known about this, before exchange/completion, I would have withdrawn from the sale. Complaint I raised a formal complaint with the solicitor who handled my purchase. Initial response was to decline to assist, stating I should have telephoned them if I had any questions. I appealed response to complaint through their formal channel, in writing and then with another partner on the telephone. Second Response received offering £2.5k without prejudice. I appealed this response citing costs are £8k, please increase your offer. I did not enclose a figure I wanted as I wasn't sure whether that was the right thing to do, or not. They have responded , without prejudice, full and final settlement, £2.5k (no increase). What next ? - I am not happy with the offer of £2.5k when the cost to me will be £8k+.. I was not expecting this cost at all. The solicitors, in my view, removed my option to withdraw from the purchase, by failing to explain what a section 20 was, the implications of it etc. I would appreciate advice on best option to now follow? 1 Going back to the firm again? 2. Going to the Ombudsman/SRA 3. Going to Small Claims Court. All opinions appreciated, I have no legal knowledge. Thank you.

Thank you for your time. I will keep you informed. Until then, Happy New Year to you.

Thank you BankFodder for your help and I appreciate your viewpoint on the situation. I will certainly bear this in mind, I hadn't thought about the complications of cancelling a policy going forward. Do you have a viewpoint on the voice recording of the agent? I know its not relevant at this stage but as I will have to start transcribing, I thought I would ask you now. I shall sleep easier tonight. Thank you again.

Why cancel? I have no faith left in this Company at all. The more I have dealt with them and googled them, the less I want to deal with them. They have appeared on the BBC TV Rogue Traders program - which does not surprise me now. They constantly send me emails about their free annual boiler service but hidden within this contract it states that if you take up the boiler service, they can then tie you in for another 12 months. I think I am best shot of this contract all together. Yes, they did know it was a tenanted property and worse still I advised them on numerous occasions that he was in his first week of a new job and that they were not to telephone him, but to contact me, regarding getting this boiler repaired. But on numerous occasions they kept phoning him and the tenant complained to us about it, potential to risk him losing his job. 247 then continued to do so. They do state in there last email to me 'we are sorry for the inconvenience we caused you'

Thank you BankFodder. My email to them, giving them 14 days before action, was on 16th December 2021. (All our communication has been by email or telephone calls.) My claim was made on 7th November. The boiler was fixed on November 13th. The tenant was left with no hot water and no heating. We refunded the tenant £50 rent and gave him a gift-in- kind of £20. 247 Homerescue have offered £30 compensation, immediate cancellation of policy and to refund £59 in unused premiums (the offer was made with no caveats), so I would like to claim these all at the same time. 247 Homeresecue are now regulated by the FCA but they weren't when I took the policy out and as its a plan and not insurance, the FCA said they would not get involved. I do have a voice recording that they sent me under the SAR request, where the Customer Service Agent says that they are unwilling to pay out more than my policy cost. I have listened to it a few times and Im pretty sure that is what she said, I questioned her on it in the call and then she denies saying it. I have played it to my husband and he agrees with me that she did say this. Can I submit this as evidence too? They supplied the recording. I can transcript that section (the call itself is 30 mins long but that section is about 5 mins long.

Thank you Dx I can only find instruction on this site to state the basic facts of the case. Im using the online service. Since you posted I have re-read and searched and can not find any other pages that suggest more to add. Would you kindly point me in the direction of the page that would give me better guidance on what to add, to make it CPR Compliant. Thank you.

Hello This is my draft Small Claims form explanation of what has happened. Having read the guide I'm conscious that it should be a brief explanation. Any advice on bits to add/delete appreciated. The 15th day is this Friday. Thank you. I submitted a claim to the defendant to fix my faulty boiler on 7th November 2021. The defendant declined my claim on 9th November 2021 stating reason as their Engineer had deemed Boiler was Beyond Economical Repair (BER). Defendant telephoned to advise me of the claim decline, at same time, offered Boiler repair by manufacturer as an alternative solution at a cost of £246 to me in full. This repair was arranged by the defendant via a telephone call with myself and I paid them on the telephone by credit card. The defendant breached their contract by a) Failing to repair my boiler. b) Failing in their duty of care to correctly calculate the BER. c) Applying unfair pricing to both part and boiler costs within their BER calculations that unfairly advantaged the claimant. d) Unfair contract terms in advertising a free annual boiler service on their website but once purchased, within the contract terms then bind the claimant to an additional minimum 12 month contract once the offer of the free annual boiler is taken up. e) On the 30th November 2021 the claimant sent a Subject Access Request to the defendant. The defendant failed to comply fully to this request. f) On the 15th December 2021 the claimant sent another Subject Access Request to the defendant for the missing information. The defendant failed to comply fully to this request also.

@Ethel StreetThank you for your advice - I have added email responses of their BER calculations and the final response email.

Final offer emails- there is a typo in it - I am Not entitled to a refund in point 1, I did send my email back saying I accept as his typo said I was eligible - but he quickly sent another email saying it was a typo and I was not entitled to a refund. Email 1 Email 2

Thanks BankFodder for your help. I am about to issue the Letter Before Action, I've only got the Final Response email from their Complaints team today, but just wanted some reassurance before doing so as Im not legally savvy and the terminology in the contract is a little confusing.