Estate Service Charge Demand / Formal Dispute and Reservation of Rights
To:
Remus Accounts
Property Manager
Directors of Fexco
Remus Regional Manager
Working Group Members
Directors of Management Company
Subject: Invoice 984451 – Estate Service Charge Demand / Formal Dispute and Reservation of Rights
31 January 2026
Dear Remus Management Limited and Directors of Badbury Park (Swindon) Management Company Ltd,
We acknowledge receipt of Invoice 984451 dated 27 January 2026, relating to Estate Service Charges for 65 Biddestone Avenue for the period 1 January 2026 to 31 December 2026.
This email is sent in response to that demand and must be read in conjunction with our formal member enquiry dated 12 January 2026, and our subsequent correspondence, which remains substantively unanswered.
Formal dispute and reservation of rights
Members do not refuse responsibility for legitimate Estate Service Charges. However, this demand is formally disputed pending resolution of the following outstanding matters, which directly affect the validity, timing, and enforceability of any charges:
- Authority to levy charges
- The Transfers (TP1) define the party entitled to receive Estate Service Charges as Badbury Park (Swindon) Management Company Limited.
- Remus is not named in the Transfers as a party entitled to demand payment.
- Members have not been provided with evidence that the Management Company is operational, owns the relevant Open Space Areas, and has formally appointed Remus with authority to levy charges on its behalf in accordance with the Transfers.
- Commencement of management responsibility
- Under the Management Agreement, the commencement of management responsibility is conditional upon rectification of defects identified by Remus and written agreement that such defects have been resolved to a responsible standard.
- Members have not been provided with confirmation that these contractual pre-conditions were satisfied, nor with the snagging / defects report on which any such determination was based.
- Defects liability and SuDS
- Members understand that significant defects, including issues relating to SuDS infrastructure, were identified and that such matters are not residents’ responsibility.
- Members have not been provided with evidence that SuDS and other communal assets have been inspected, certified, and approved in accordance with planning and regulatory requirements.
- Absence of final service charge accounts
- Finalised Estate Service Charge accounts have not been issued for multiple financial years.
- In the absence of final accounts, members cannot verify that Estate Service Charges have been properly calculated, that developer liabilities have not been passed to members, or that funds have been applied in accordance with the Management Agreement.
Position pending resolution
Until the above matters are addressed in full, members are unable to confirm that Estate Service Charges are properly due and payable. Any payment made prior to resolution would risk members assuming liabilities that properly remain with the developers.
Accordingly:
- This invoice is formally disputed;
- No admission of liability is made; and
- All members’ rights are expressly reserved.
We again request a substantive written response to our correspondence of 12 January 2026, together with the requested documentation, so that matters can be resolved transparently and constructively.
Please confirm that enforcement action, interest, or recovery costs will not be applied while these issues remain under formal dispute.
Please acknowledge this Email?
Yours faithfully,
Peter Eves
Cc:
Property Owner and Member
Badbury Park (Swindon) Management Company Ltd
Biddestone Avenue, Coate, Swindon SN3 6DE
On behalf of Coate (Badbury Park) Residents Working Group
Coatebadburypark@gmail.com