More problems with SIMARC!!!!Currently embroiled in a dispute with SIMARC over alleged non-payment of ground rent.Moved in to an apartment a couple of years ago and when asked to pay ground rent did so on line rather than sending a cheque. To do so we registered with teh SIMARC web-site set up for paymentIn April this year received a deman for payment of the Ground rent by post at £445 plus a demand for administration costs of a further £134.80.They argue that by signing with their website I agreed in the T&Cs to receive my Ground rent demands by e-mail and that they sent me 2 demands for payment prior to the letter I received. Only problem is that I never received any e-mail and can only assume that if sent they went to the SPAM folder which I would never check as like any address it receives hundreds of unwanted e-mals per day.I have offered to pay the Ground rent but not the admin charges as I simply did not receive a demand for rent and as proved by my response to their letter all they needed to do to get me to pay was to infomr me that the Ground rent was due. The admin charges hardly seem reasonablefor that.Unfortunately they will not aqccept any apymnent unless for the full amount or Ground rent plus charges.They are trying to argue that I am somehow responsible for the correct working of an international e-mail system (in this case Yahoo)!It is my belief that SIMARC have a responsibility to ensure they use a means of sending me the Ground rent demand and that their charges are unreasonable. I realise they seem to behave in this manner all the time. Any thoughts or advice??
Hi I will try and help
you have my sympathies having to deal with simarc. I have lost count over times I have come to blows with them. their charges are extremely excessive.
Having said this, and being as honest as possible I am not sure that i agree with your reasoning as to the email demands. If the email is delivered, even to spam folder, I would have to say that it coudl be seen to be your responsiblity to check your own folders, and would be stretching the point to put the liability on them.
However I do agree with you that the administration charge for 2 demands is extremely excessive. The first point of call is your lease. Does it specifically say anyting about the amounts that the Landlord can charge for rent, fees etc?
If not then i think your only ecourse if to stick out, and argue with them as far as possible. if they dont accept your position you will have to make an applciation to the Residential Leasehold Tribunal .they can make a decision on the reasonableness of the charge levied by them, and in the circumstances.
see here for more guidance on making the application
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just to let you know that I am trying my best to ensure you get paid but this website is being a rignt pain. Have you been paid or not. Please let me know that it has gone through.
ANd on this case, Who will haev the lease? Presumably my solicitor???
I still think that SIMARC should have to ensure that their system works and have at least 50% responsibility for ensuring the e-mail is delivered. At present we have absolutely no evidence that I did receive the e-mails. It is only my guesswork that they may have gone to SPAM (interestingly your original response went to SPAM!). I dont see why the situation with e-mails is any differtn to postal services when if I dont have a recorded delivery they cannot prove I have received anything. MAybe Im just naieve.
Anyway please reassure me that the payment has been made as ironically Im deqad honest and always pay my bills
all the best
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