service charges

Last week I returned from the supermarket having spent £270 on shopping. I later discovered some of the items were out of date, others were faulty, and I believed I had been overcharged on a couple of things. I retrieved the receipt. It stated groceries £270. I returned to the shop. The manager suggested I return in 18 months when he would consider looking at any refunds - and there would be a charge for it.

Of course, this never happened. Consumers are protected by legislation. Each item has to be itemized, invoiced accordingly allowing checks to be easily made. Leaseholders are classed as consumers and yet the same level of protection is not offered.

REPAIRS: 'CERTIFIED' OVERCHARGING

Between 2019 and 2021 Lambert Court were charged £3,666.89 for repairs to the estate. The genuine cost was £540. These repairs were undertaken by ESH Construction and the costs based on the NHF Schedule of rates.

These charges had all passed through the accountancy firm Beevers and Struthers and had been 'certified'.

Beevers and Struthers

It was evident that this 'overcharging' would not be restricted just to Lambert Court. I have requested that an independent investigation be instigated across the region covered by the contract with ESH Construction going back to the commencement of that contract in 2018.

Accent Housing have offered to refund 50% of all repair work to Lambert Court since the beginning of the contract with ESH Construction and yet they refuse to investigate allegations of fraud, overcharging on other estates or provide invoices.

Julie Wittich Accent Housing

Julie Wittich has taken on the lead role in 'resolving' this problem.

I was promised, by Sarah Ireland, the invoices for the work undertaken at Lambert Court outside that covered by the tribunal.

Below is an example of the type of invoicing provided.

invoices esh construction

Julie Wittich believes this covers the request.

This is the same information a resident will receive under a section 22 (LTA) request for 'underlying' invoices.

It is a six figure code and a value.

  • No reference to any work
  • No evidence that the correct contracted price has been applied
  • No reference to whether the contracted discount has been applied
  • No reference to whether the work was first fix only and as such cannot be recharged
  • No mention whether each line entry involved multiple invoices.

Nothing is revealed about any work which is exactly what Accent Housing want.

What Accent Housing do not want you to see are the original individual invoices which provide the work description and the Schedule of rates applied as these prices are contractually controlled. These invoices had to be presented to the tribunal and only then was it revealed not one was genuine.

An example of the invoicing Accent Housing do not want you to see is shown below. These are being withheld.

invoices esh construction

Julie Wittich confirms in an email;

I have provided you with the invoices for the time period requested.'

Julie Wittich spent four years as head of repairs at BPHA. She is fully aware of the consequences of revealing the true underlying invoices. She references them in an email but will not provide them.

This is why Julie Wittich as stated in her email has; ' offered a resolution to bring this matter to a close.' by providing a 50% refund on all repairs.

Accent Housing would love to bring this matter to a close.

For Accent Housing this is without doubt a better option than genuinely investigating overcharging of all their residents in the North East of England since 2017.

Accent also attached a convenient legal disclaimer - below.

23rd March 2023 email

'there is no legal requirement to provide a refund.

The refund is offered as a goodwill gesture on Accents part and is not indicative of the quality of services provided to the estate nor is there is any acknowledgement or admission on Accents behalf that this goodwill gesture indicates any perceived practices of overcharging by contractors.

Is it to be believed that this practice only occurred over that period and only at Lambert Court.

The same individuals involved in the 'overcharging' at Lambert Court were responsible for all the invoicing across the North East region covered by the contract with ESH that extended back to 2017

I have offered the direct contact email of the trading standards officer involved with the case to all executives, board members and Paul Dolan CEO. It simply requires any one of them to report the malpractice and it will be investigated. To date not a single Accent employee has risen to the task.

 

consumer protection housing associations

Consumer rights Act 2015

The law protects your consumer rights when you buy goods or services. The law protects you against unfair trading. The law protects you against unfair terms in a contract.

The law does not apply to residents at Lambert Court.

Accent Housing refuse to investigate allegations of fraud or overcharging which could have occurred across all their estates since 2017.

Leaseholders are not protected by any legislation covered by trading standards.


Leaseholders have no say in who provides the repair service yet they pay 100% of all repair charges invoiced.

Accent Housing legally can refuse to present any invoices for any repair work.

As verified by the tribunal not one invoice presented by ESH was genuine, inflating charges by 81% and yet leaseholders cannot use the services of trading standards as they do not employ ESH Construction directly.

ESH Construction can continue to trade unchallenged unless Accent Housing intervene.

Leaseholders are relient on the integrity of those at Accent Housing to investigate - and then make public their findings. Julie Wittich refuses to undertake such an enquiry.

Richard Wilkinson

Non executive director and resident.

Richard Wilkinson is unique in that he is both a non-executive director at Accent as well as being a resident.

I have copies of messages in which Richard Wilkinson describes being charged for work on his estate he does not recognise - the same problems encountered on Lambert Court and other estates and for which the tribunal awarded charges to be refunded.

Richard Wilkinson refused to support residents by allowing his messages to be presented to the tribunal - his reasoning; 'it would not be appropriate'.

If I was a resident on the same estate Richard Wilkinson lives on I would be asking some serious questions as to where his priorities lie.

Accountancy