Maintenance Charge – Update January 2010
Posted on 09. Jan, 2010 by admin in N.A.C Maintenance Charge
Anyone remember the Maintenance charge NAC were trying to hit us with?
Thought it had been scrapped? Well think again!
This morning some of you may have recieved a letter from NAC stating that those of us who have not yet paid the charge should now do so, or face legal action!
But before you go running around the living room in a panic remember this:
NAC promised us that no further action would be taken against residenst for collection of these monies until further meetings had been held with the Residents Association (everyone received a letter stating this back in Setp/Oct 2008). We are still waiting for this meeting to take place 15 months down the road!
The same issues still stand:
This charge was written into your deeds without ever being voted upon by Council members!
It is not official Council policy to introduce charges like these!
The Council intend to sell give away for ‘free’ the land to a private company!
If anyone needs a reminder about that all this is about then please review the following pages:
Maintenance Charge – What’s it all about?
Maintenance Charge update July 2009
Once again the Residents Association will shortly write to our local Council members, MP, MSP and Council officials to remind them that this dispute is still on going and to remind them of their promises.
SPREAD THE WORD!
Not everyone on the estate will receive an email notification about this – so please everyone that sees this, please discuss with your neighbours and remind them. Point them towards this web page!
Some people still don’t get the implications of this. Again, read ‘What it’s all about’ above, any questions then get in contact.
Remember – This is not simply about £165 per year. This is about land you have no control over and land which once in private hands could end up costing 4 or 5 times as much every year!
Our advice is don’t pay! The Council have not kept their promises and until this matter is resolved no one should be paying anything.
Further Update:
Copy of email sent to all 4 ward Counillors and copied Brian Donohoe MP and Irene Oldfather MSP:
Dear Councillor,
Once again this issue of the Montgomerie Park Land Maintenance has raised it’s head. This morning most of the residents in Montgomerie Park received the attached letter from NAC, asking for payment of this charge, for the period 1st April 2008 – 31st March 2009, invoices for the 2010 period will be sent out shortly.
Once again the letter threatens legal action!
Obviously certain people within NAC have short memories and cannot remember the letter sent to all residents after the last meeting which took place in September 2008, stating that no further action, seeking any payment, would be made by NAC until such times that a further meeting had taken place. You were all present at that meeting and hopefully remember Mr Mackay’s promise.
Unless I have missed something, to the best of my knowledge no further meeting has ever taken place. If you remember NAC did try to arrange a meeting in April 2009, but only invited 2 members of the Residents Association, and did not provide enough notice. The next attempt was made and requested in August 2009, when the Council was in recess. We agreed to that meeting – only if all 4 ward councillors could attend -we heard nothing more until today. Now here we are in January 2010, still no further forward from where we were in September 2008, being asked to pay for an unfair maintenance charge and once again being threatened with legal action.
Of course we will be sending an official response to Mr Boyles letter, however our position on this matter has not changed. The main issue still stands. The council intends to give ownership of the land to a private company, who can then charge whatever they desire – is totally unacceptable.
No-one from the Council has ever provided any documentation to show why this charge was implemented when it is clearly not Council policy, and especially when no Council committee ever voted to introduce this. As our ward members I am once again asking you to assist in this matter. We are 2 years further on and we find ourselves back at square one!
I have once again copied Mr Donohoe and Mrs Oldfather onto this email as they wanted to be kept informed.
I look forward to your response.
Regards, -Kerr
17 Responses to “Maintenance Charge – Update January 2010”
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Maintenance Charge - Update January 2010
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taggart11
09. Jan, 2010
We got the letter this morning too!
They’ve obviously forgotten their promise!
Jackiemcc71
09. Jan, 2010
Got the letter. As you say there is nothing new and just the same old threats. What’s worrying is that the charge is up to end of March 2009. What about up to end of March this year. How much will THAT be considering the “extensive “work that they have done (i.e. fixing their multiple mistakes)?
Rennie30
09. Jan, 2010
We also got the letter!
We all need to stick together and refuse!!
boxerdogs3
09. Jan, 2010
We got the letter today too! It was very nice of them to wait until after the New Year!!
We agree that we ALL need to stick together and refuse!!
j-kerr48
09. Jan, 2010
Surely the Council must have had a committee to agree this charge – isn’t that how a Council is supposed to work? Why can’t a copy of the committee report be given to us? With a general election this year, you would think our elected members and MP would be trying to keep their voters on side.
admin
09. Jan, 2010
This is one of the issues we have. In fact Ian Mackay admitted in writing that no councillor ever voted to introduce this charge. The charge was intoriduce by Mackay under his executive powers.
If you don’t rememeber the details look here:
http://www.montgomeriepark.org.uk/?p=843
They sneaked this charge in and remember, once in private hands Scottish Woodlands can charge whatever they like. So going on what happens in other estates you can look forward to having bills of £300-£400!!
ems
09. Jan, 2010
Forty houses between the two estates had their council tax banding changed==only four of us went to the appeal court and our appeal was rejected==the last sentence stated that as only a few had complained they felt justified in the increase==so==we really all need to stick together over this land charge..
karen77
10. Jan, 2010
We got letter and wont be paying until resolved.
We were one of the 40 who got council tax changed but couldnt make the hearing due to prior commitments. The last I heard from appeals was our case would be heard in April at next appeal committee meeting. So its nonsense that they are telling you rejected as only few complained – I know of others who couldnt make the date they gave us so have appeal delayed till April.
markyrp
10. Jan, 2010
I received the letter on Saturday morning.
I agree with the other comments and personally have decided not to pay. I feel that the non payment approach will only have a significant bearing on the situation if the majority of households refuse to pay.
Does anyone have a rough idea of what percentage of households have already payed, or are going to pay as a result of this latest letter.
If significant numbers pay the charge, then those of us who are determined not to pay will lose all credibility.
admin
11. Jan, 2010
On the poll on the right hand bar ==>
You will see that out of 110 voters 91 people say they they haven’t paid. This is 110 out of 194 households in total.
Unfortunately not everyone on the estate is registered on the web site, and I guess not everyone visits it. That’s why we need people that do visit to tell their neighbours.
One thing is Guaranteed. If we don’t all stick together on this then you had better start saving, because in years to come this is going to cost each one of us a fortune!!
Dav147
11. Jan, 2010
We got the letter to!
Why do we have to pay for the upkeep of the councils land, its a disgrace.
admin
11. Jan, 2010
Another update.
Just sent a letter to the new council Chief Exec, Elma Murray and Patrick Boyle requesting a meeting.
Just remember folks. Of course it is bad that we are having to pay for the upkeep of land owned by the council. However, the bigger issue is that this land will not always be owned by them and that they intend to give it away to a private company for FREE! After that they can set whatever fee they want, and will the council care…..?
admin
11. Jan, 2010
Comment from May Welsh:
RE: council tax banding==They provided each of us with a catalogue made up of their opposition to our appeal==it came with photos of our houses ==very professional==but it was exactly the same format as they had used before when another appeal was rejected.I’m sorry if I sound pesimistic but it is the law that they have to give you a hearing. I had information from a private surveyor and took photos of the subjects we were using as an example and they just sat with a smug smile and dismissed them.I even wrote to their lawyer who sent the rejection letter==to no avail..Anyone who wants to see the catalogue they produce at our expense is very welcome if it will help them for their appeal.
As far as the % of people who have paid the land charge it would be interesting to know how many were council workers and policemen because they were put in a difficult situation when the council threatened court action===that is the same threats that Ian McKay said he never made!!!!!!
admin
12. Jan, 2010
Had an email from a resident last night who called the Council yesterday and was informed that they are now demanding payment because “we have had long enough” to sort this out. And then someone else sent me a mail to remind me about the meeting we had with the council in Sept. 08, and so i give you this from the meeting minutes:
“Mr MacKay stated that the current invoice amount of £165.29 will stand, but the invoice date will be re-assesed. The current for the period 01/04/08 – 31/03/09 will be re-assessed as Scottish Woodland Ltd have not yet undertaken the maintenance contract. The first two phases to be transferred to Scottish Woodland Ltd are not yet at a maintainable standard.”
I don’t see any re-assesed invoice?
a73
12. Jan, 2010
Had discussion with Legal dept. of NAC today. As far as they are concerned, the deed existed before any properties were purchased and regardless of how it came about, it stands and we have to pay.
I asked why the council chose to treat montgomerie park differently from every other private development when being sold off and reminded them of the fact that they inherited the land and stand to make millions from it, well millions on top of the millions already made! No answer.
As Montgomerie Park as a development will not be completed in the timescale expected, i include the shops,school and all weather pitches in that. Would this give us an opportunity to ditch Scottish Woodland immediately and take full control of how much or how little is carried out in the area and at what cost? I base this on details within the deed which talk about percentages needed to force a change.
allan
16. Jan, 2010
I dont actually think the MP or MSP really give a damn about this.If they did they would have been much more proactive about it. I feel like I will have to pay as I dont want this mark on my credit file.HOWEVER,I will make myself feel much better by annoying them as much as possible.I reckon plenty of Freedom of Information Act requests around this.I will also be looking for info on the expenses etc of all the people involved(elected and non-elected) in this dodgy affair. Very childish I know,but there you go!
There is one way of challenging them though.They bang on about the “schedule of works” which includes litter picking.I think its fairly obvious that this hasnt been happening if you have been out for a stroll recently! I intend refusing initially on those grounds.
admin
16. Jan, 2010
Folks just a little comment about the last post. I know no-one wants to have any black marks against them, and it is up to each one of you whether you pay or not, but keep this in mind;
If you think the works done up until now have been bad, then just wait. When the council give this land away and you have all done your duty and paid your fees, then when no work is carried out you won’t have a leg to stand on.
Our MP, Mr Donohoe has exerted some pressure but I am sure he can do more, but he has done quite a lot on this issue. Our MSP….do we have one….?
We have one chance and it is to stand our ground now. If you give in and pay then keep complaining, the council don’t care, they got their money, that’s all they want.
We have proved this was introduced under the table and yet nothing is done, so if you think complaining about the work not being doen will get you anywhere, then just go a search for ‘Greenbelt’ on google, because we are headed for the same scenario….