Coppen estates home insurance penalties?

[bigrbuk 10]

Well the invoice is here, again containing an item for "annual insurance approval charge" for the amount of £45.

 

Before I get into bother, can you just reconfirm I shouldn't have to pay this? I might try giving them a call but didn't want to be fobbed off, I wanted some knowledge to throw back at them.

[Cyclone 10]

On 17/11/2018 at 20:04, Jeffrey Shaw said:

I agree. Coppen has charged a fee wrongly here.

 

---------- Post added 17-11-2018 at 20:04 ----------

 

 

Yes- the s.164 Notice needs to be served annually.

Didn't this answer the questions?

[bigrbuk 10]

Hopefully, just wary of getting told off I've read about schedules on some leases too so was planning on digging it out, just to double check there wasn't something written into it

[neworderishere 0]

its very simple to avoid the costs, send a letter and form stating the common and leasehold reform act 2002 and state the cover you have is equal or greater than required. its no big deal i have done it a few times with Coppen and have not had a problem even when selling apart from the fact they are notoriously slow in sending papers.

[geared 302]

Don't bother ringing, they rarely pick up.

 

The company is only interested in your money, they couldn't give two <removed> about anything else to do with you.

[Jeffrey Shaw 90]

On 28/01/2019 at 14:07, kporter229 said:

Worth pointing out that even though I have sent the correct notice of cover every year fro the last 3/4 years, Coppen still include the charge on my invoice.   I have sent them numerous letters telling them that they are wrong to do this, but they never reply.   The last couple of years I have sent them a cheque for the ground rent only,  with a covering letter stating that acceptance of the cheque is on condition that it is full and final payment of everything in the invoice.  They still continue to  include the charge, together with arrears and an admin charge!

I am expecting my annual invoice in the next couple of weeks and anticipate it will still have the charges on it.

If you really wanted, you could sue for a Tribunal/ County Court Declaration that no such insurance fee is payable.

That's true of the ground rent, in fact, as Coppen demands do not comply with the s.166(5) format: see http://www.legislation.gov.uk/ukpga/2002/15/section/166

Trouble is, I'm not sure that you could claim your legal fees against Coppen.

[kporter229 10]

Well, what a surprise.  My invoice has just arrived and it has the annual insurance charge on again, along with £201 of arrears! I'm at a loss as to what to do now.  I've tried ringing them but as others have said they never answer.    I tried the financial ombudsman as they are regulated by the FCA, but they couldn't help.  I've tried the leasehold advisory service  but again they couldn't offer any help other than going to a tribunal as Jeffrey mentioned above.  I guess I'll just send my £15 ground rent again with a covering letter.  

[Cyclone 10]

Serve the S164 notice again and don't pay the annual insurance charge or any arrears for it.

[geared 302]

Keep a copy of each S164 notice you serve for your own records.

I'd image the 'arrears' are simply there to try and scare you into making payment, bonus for them if you then clear the fake debt too.

 

If possible buy the freehold reversion and get rid of these parasites once and for good.

[iwbsheff 10]

1 hour ago, kporter229 said:

Well, what a surprise.  My invoice has just arrived and it has the annual insurance charge on again, along with £201 of arrears! I'm at a loss as to what to do now.  I've tried ringing them but as others have said they never answer.    I tried the financial ombudsman as they are regulated by the FCA, but they couldn't help.  I've tried the leasehold advisory service  but again they couldn't offer any help other than going to a tribunal as Jeffrey mentioned above.  I guess I'll just send my £15 ground rent again with a covering letter.  

 

I'd word the covering letter quite strongly. Make it clear that this is unacceptable behaviour and that you know your rights as the leaseholder. 

 

No fees for insurance due as long as

 

1) That there is no "freeholder can direct insurance" covenant in your lease (apologies if you mentioned this upthread) or 2) If there is you're absolutely sure you've complied with s.164 to the letter. 

 

If you want to be more mischievous, someone else said that they put a counter invoice, with a letter charge of £45 every time they wrote. This was on the same legal footing - i.e. none - as Coppen.  Although, again, points above apply, you have to be quite sure of your position. 

[Jeffrey Shaw 90]

2 hours ago, kporter229 said:

Well, what a surprise.  My invoice has just arrived and it has the annual insurance charge on again, along with £201 of arrears! I'm at a loss as to what to do now.  I've tried ringing them but as others have said they never answer.    I tried the financial ombudsman as they are regulated by the FCA, but they couldn't help.  I've tried the leasehold advisory service  but again they couldn't offer any help other than going to a tribunal as Jeffrey mentioned above.  I guess I'll just send my £15 ground rent again with a covering letter.  

Why pay the ground rent, though, as Coppen's stadard demand letter is legally invalid?

[Cyclone 10]

Isn't a fake invoice (ie one for which they know there is no legal basis) fraud?

 

For example if I just invoice Copen now (I have nothing to do with them, no relationship at all), for some made up item (perhaps time spent discussing their antics on this forum), then am I not committing fraud?