Authorized first as TV presenter wins long-running court docket battle with property issue

Broadcaster Angus Simpson has received a landmark authorized battle towards a housing consider a transfer that has doubtlessly wide-ranging implications for Scotland’s tenants.

Mr Simpson, 65, the previous face of STV information programme Scotland Right this moment, was being pursued by Peter Cusack Property Consultancy Ltd for £1,700 – cash he insisted he didn’t owe.

The authorized motion was sparked after Mr Simpson diminished the quantity he was paying the elements every month as he believed he was being overcharged.

He had taken the step after the agency failed to offer him with a full breakdown of the payment and what it associated to.

The protracted authorized battle put a horrible pressure on Mr Simpson, particularly because it coincided with the ultimate months of his spouse Audrey’s life.

The beloved mom died from most cancers two years in the past this month and knew her situation was terminal for the final 9 months of her life.

Mr Simpson mentioned: ‘This case was heard throughout 28 months, in 14 totally different hearings, in entrance of 5 totally different sheriffs – all for the sum of £1,700.’

He added: ‘Though I’ve been vindicated, nobody in any court docket has acknowledged that we have been needlessly put by this ache at one of many worst occasions conceivable, and all for £1,700 that we by no means owed.’

Mr Simpson lives in a constructing in Glasgow with 130 flats, all managed by Peter Cusack’s agency.

He believed that the month-to-month payment of £145 then being charged to the entire flats was extreme and requested for a breakdown of prices.

This was not forthcoming. Nonetheless, primarily based on the companies coated within the contract, Mr Simpson calculated that the prices would have been £75 a month per flat, together with a administration payment and a few leeway.

As such he diminished his funds to this quantity.

The agency ultimately took him to the small claims court docket in 2022. There then adopted 9 separate hearings.

Mr Simpson later took his case to the Sheriff Principal and the presiding sheriff known as an additional procedural listening to, however Peter Cusack’s representatives argued the sum being sought, which included the agency’s authorized charges, had elevated to greater than £6,000.

This took the case out of the remit of the small claims court docket, which may solely determine on issues as much as £5,000.

The case went earlier than a brand new sheriff, in January this yr, and in March he dominated in Mr Simpson’s favour, agreeing that he had by no means owed the cash.

He additionally described Mr Cusack’s personal monetary statements as ‘illogical and incompetent’.

The agency appealed, however at a listening to earlier than three sheriffs final month, the judgement was upheld.

The property consultancy elevated its charges in the course of the authorized battle, with the present cost of £235 per flat per thirty days coming to greater than £30,000 a month for the constructing, and greater than £360,000 over a yr.

Mr Simpson confirmed that he continued to pay slightly bit greater than the determine he believes covers all bills and the administration payment.

Mr Cusack was requested to remark.

I took my grasping property elements to court docket and received. I went by hell, but when this provides others hope it’s really price it

By Angus Simpson, former STV Information presenter 

Should you purchase a burger and chips out of your favorite takeaway or restaurant you received’t anticipate to be charged £100 – and positively not with no invoice, a receipt or perhaps a menu. But that’s how the issue of my condo block within the centre of Glasgow is working his ­enterprise – and it appears he’s not the one one.

Components are sometimes seen as an costly by-product of residing in a flat or condo.

My suspicions about mine – Peter Cusack Property Consultancy – have been raised after I checked out his agency’s month-to-month invoice. One thing didn’t appear proper.

So I challenged him… and shortly discovered myself in a prolonged, extraordinary – and ­personally very expensive – court docket battle.

After trying on the companies his agency is contracted to provide, I calculated the fee I believed I ought to be paying and concluded that I used to be being overcharged.

I requested for a breakdown so I might perceive the reasoning behind the payment that I – and the 100-plus different residents in my constructing – have been being charged. However this was by no means equipped.

Each month I used to be being requested to pay the agency £145. Nonetheless, by my very own calculations, I shouldn’t have been paying greater than £75.

As such, I paid the £75 I estimated ought to be sufficient to cowl my share of the companies. This ­determine even included some additional for a little bit of leeway.

It appeared clear to me the elements have been in breach of the Property Components Code of Conduct, which decrees that elements should provide all supporting paperwork for the way they spend their shoppers’ cash.

Think about my shock then when – nearly three years in the past – the agency took ME to the small claims court docket for £1,735 of ‘unpaid ­frequent fees’.

I believed I used to be asking Mr Cusack to spend two or three minutes ­cutting-and-pasting some documentation from his PC. As an alternative he was intent on dragging a case by the courts over many months on the public’s expense.

Naively I believed the sheriff would see the spurious nature of the case towards me. However, no, he opened the case – clearly considering I owed the cash.

I checked my ­Fool’s Information to the Legislation and there it was on Web page One. The primary query any regulation officer ought to ask is, ‘The place’s your proof?’. I used to be out of luck although, as a result of over 9 consecutive court docket dates the ­proof to totally clarify the payment I used to be being charged was by no means supplied.

At occasions, I considered chucking up the sponge, however one factor made me decided to see this by – my spouse, Audrey.

She had been identified with ­most cancers some years in the past and had undergone therapy which resulted in a interval of remission.

Nonetheless, throughout this authorized ­debacle the most cancers returned and this time it was terminal.

The ordeal for our household was made all of the extra terrible by being pursued for cash we didn’t owe and sometimes being dragged to court docket.

Audrey was frightened about me coping with the pressure of the motion whereas making an attempt to dwell her ultimate weeks with dignity. She handed away 5 months after the motion was raised.

Regardless of this, she continued to be named on the writ as a co-mortgagee. Actually, Audrey nonetheless will get a month-to-month request from Mr Cusack’s agency for ­no matter payment he’s asking for. A payment which has since risen to £235 a month.

Finally, the cash the ­elements have been pursuing me for rose to £6,000 because the agency had included its authorized prices. This took the case out of the remit of the small claims court docket, which may solely determine on issues as much as £5,000.

The case went earlier than a brand new sheriff in January this yr and in March he dominated in my favour.

Arithmetic was by no means my robust level however even I might see the ­elements’ annual monetary report simply didn’t make sense. And the sheriff agreed that the ‘report’ was ‘illogical and incompetent’.

The case had gone by way of the Peculiar Trigger court docket and eventually the Attraction Courtroom. Sure, that’s proper, the issue appealed towards the 37-page ruling.

Throughout that ­in the end doomed attraction, the agency’s lawyer claimed {that a} ­ruling towards the corporate might have penalties for all elements in Scotland.

Might these penalties imply they’ll be clear and accountable to their shoppers in future, or will a few of them have to simply accept they can’t cost what they like, once they like, for doing (or not doing) what they like, not less than not with out some paperwork?

It’s been a protracted haul. It’s drained me, it’s affected my well being and it’s affected my relationship with a few of my neighbours. However, if it provides others some hope towards

some other ineffective and unscrupulous elements, it’s been price it.