2 August 2026

Dear Fexco Legal Team,

I am writing on behalf of the Coate (Badbury Park) Residents Working Group regarding the Estate Management Charges currently being demanded in respect of properties at Badbury Park.

Having carefully reviewed our TP1 Transfer Deeds and the Section 106 Agreement relating to the development, we would be grateful if you would clarify the legal basis upon which Badbury Park (Swindon) Management Company Limited is currently demanding Estate Management Charges whilst the Public Open Space remains in the ownership of the developer.

Our understanding is as follows.

The TP1 requires homeowners to pay the Annual Sum to Badbury Park (Swindon) Management Company Limited and provides that the Company, or its managing agent, may calculate and administer those charges.

However, Schedule 4 of the Section 106 Agreement appears to establish a different sequence of events. It provides that the Owner is responsible for completing, maintaining and remedying defects in the Public Open Space and, only after the expiry of the twelve-month maintenance period following the issue of the Final Certificate, is the Owner required to either:

1. Transfer the Public Open Space to the Council (or its nominee); or
2. Transfer the Public Open Space to an appropriate management body previously approved by the Council.

From the information available to residents, it appears that the Public Open Space has not been transferred and remains in the ownership of the developer. We also understand that Remus has been appointed by the developer to manage the estate on the developer's behalf whilst simultaneously issuing demands for Estate Management Charges on behalf of Badbury Park (Swindon) Management Company Limited. This has created understandable uncertainty regarding the respective legal roles of the developer, the Management Company and Remus.

To assist residents in understanding the current legal position, we would be grateful if you would respond to the following questions and, where appropriate, provide copies of the relevant documentary evidence.

1. Has the Public Open Space been transferred pursuant to paragraph 1.7.2 of Schedule 4 of the Section 106 Agreement? If so, please provide the date of transfer and identify the transferee.
2. If the Public Open Space has not been transferred, on what legal basis does Badbury Park (Swindon) Management Company Limited presently demand Estate Management Charges in circumstances where the Section 106 Agreement provides that the Owner remains responsible for the Public Open Space until the transfer process has been completed?
3. Has Badbury Park (Swindon) Management Company Limited been approved by Swindon Borough Council as the "appropriate management body" referred to in paragraph 1.7.2 of Schedule 4? If so, please provide the date of that approval and a copy of the approval.
4. Please confirm whether the Final Certificate referred to in Schedule 4 has been issued for the relevant Public Open Space and, if so, provide the date of issue together with a copy of the Final Certificate.
5. Please confirm the date on which the twelve-month maintenance period required by paragraph 1.6 of Schedule 4 expired.
6. Please confirm whether the Landscape Management Plan currently being implemented is the version approved by Swindon Borough Council pursuant to the Section 106 Agreement and provide a copy of the approved Landscape Management Plan.
7. Please clarify whether Remus is acting:

• solely as agent for the developer;
• solely as managing agent for Badbury Park (Swindon) Management Company Limited; or
• on behalf of both organisations.

If Remus is acting on behalf of the Management Company, please confirm when the Management Company assumed responsibility for the management and maintenance obligations relating to the Public Open Space and identify the legal instrument under which those responsibilities were delegated or transferred.

The purpose of these questions is to understand how the current arrangements comply with both the TP1 Transfer Deeds and the obligations contained within the Section 106 Agreement. Given that homeowners are contractually required to contribute towards the maintenance of the Public Open Space, we believe it is reasonable for residents to understand the legal basis upon which those obligations are presently being administered.

We would appreciate your substantive response together with copies of the relevant supporting documentation within 21 days of the date of this letter.

Should these matters remain unresolved, residents reserve the right to place this correspondence before the First-tier Tribunal (Property Chamber) and to seek appropriate directions for disclosure of any relevant documents upon which you rely in support of the Management Company's authority to demand the Estate Management Charges.

We look forward to hearing from you.

Yours faithfully,

Peter Eves

Coate (Badbury Park) Residents Working Group

We have written to Remus/Fexco with our reply to the Accounting 2024

I'm currently assisting a number of Badbury Park residents who have received Pre-Action Protocol Letters from PDC Property Debt Collection Ltd regarding alleged late payment of estate management charges.

In one recent case, the timeline raised several questions:

📅 30 April 2026 – Statement of Account and an Overdue Reminder were both issued on the same day.

📅 18 May 2026 – A Final Notice was issued and a £65 Late Payment Administration Fee was added.

The TP1 Transfer Deed appears to allow 28 days after a written demandbefore contractual consequences arise, so this raises questions about whether the process followed complies with the Fifth Schedule.

There are also questions about the contractual basis for the £65 fee and whether all of the calculations and documents required by the TP1 were provided with the demand.

If you've received a similar letter, you're not alone. Each case depends on its own facts, but it's important to understand your rights under your Transfer Deed before responding.

Email: coatebadburypark@gmail.com

Website: e-voice.org.uk/badburypark