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farmlama

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  1. Thank you for your help. I have already seen this document and referred to it in my complaints. As I say the council simply disregard any facts you present them and just make a decision that suits them without backing it up or they just skip over certain issues and only give a partial response. the guide says (page 22) they should be providing comparisons on how valuation was determined if requested (I have been asking for over a year). It is also is clear (page 33) that they must still serve a rtb7 even if they have done the thing that was causing a delay. They simply have not acknowledged that they should do these things and have made up their own rules.
  2. Sorry but I think you are wrong and giving bad advice. The time limits do not start when the council provide the rtb2. The law clearly states the time limits start when the council receive the application and they then have 4 weeks (or 8 weeks depending on type of property, but it is 4 weeks for my property) to confirm you have the right to buy. the council have not at all suggested they valued the property too high because I did not have written permission for improvements, and they did not dispute the DVs valuation - the dv did take into account my improvements. So I’m not going to waste my time discussing this point with you anymore, it is just distracting from what I have asked. I have already made formal complaints, they have a 3 stage process. 1st stage you should get a response in 10 working days, they took about 6 weeks to respond and didn’t even respond in full to every thing I had raised. 2nd stage is meant to be 15 working days, they were about a week late in responding and again didn’t address everything I had raised and didn’t provide a legal reason for their response. The third stage is meant to be a 20 working day response, I have already started this and asked what legislation they rely to make my rtb8 forms invalid, I have pointed out the wording in the law relevant that suggests they are valid (housing act 1985 s 153a & b), I have also again asked them for comparisons used when valuing the property and why an extra room shows on their document - I have been asking about this in every complaint and initially raised this in December 2020, but they have never addressed this. the council are not following their own policies and they even lied to the MP about having answered my 1st stage complaint (when all they had done is finally answer my call and say ‘I will look at your complaint and get back to you next week’ - they did not get back to me when they said they would either). i can only make an educated guess as to why the boundary issue exists. They did not send out a surveyor to check the boundary at any point prior to me making the formal complaint about the incorrect plan. My neighbours property was sold via the rtb process a few years ago and I assume they did not send a surveyor to check the location of their boundary either. Neither mine or my neighbours gardens are square, my garden has an irregular extra area that eats into what you would expect to have been the neighbours garden - a bit like a puzzle in a way, but it is that their back corner is missing and that land is in my boundary. Their plans had both gardens showing as square. not relevant to my rtb, but I have had dealings with their legal team in the past and they do not know what they are doing. I was working for them under an apprentice agreement, I was a green book employee on a 2 year temporary contract which they later extended. They then flat out refused to follow their redundancy process despite me being employed over 2 years, they also continued to pay apprentice wage after the apprenticeship was completed and did not assess the role when they assessed all other green book employees roles despite this being in my contract. They alleged apprentices are not employees and they can get rid of them with no warning or reason. I started the employment tribunal process and they settled before it reached tribunal. But just an example of how poor their legal team are. In a grievance I sat in a meeting with their legal team and I had printed off pages about redundancy and apprentices and they still refused to listen to what I was saying and they had a “computer says no” type attitude despite not being able to back up what they were saying with anything. They just make up their own rules and seem to think they are above the law.
  3. Again, the council are not in any way claiming that they aren’t disregarding improvements because I didn’t have written permission and in the past the council have told me i do not need permission to do these things and I have free reign as a council tenant as they don’t want to have to waste time giving green lights to tenants over every small thing. I don’t see why you are focusing on this when it has nothing to do with what I have asked for help with. my questions relate to the validity of my rtb8 forms as the council have not issued and rtb7 and if their initial offer would be valid if it was based on a property with an extra room. I would appreciate if anyone has knowledge of these things to advise rather than try to make accusations at me for things that are non issues and do not have any relevance
  4. Full details of boundary issue- they sent the incorrect boundary plan in October, my conveyancer went to them to let them know it was wrong, they then returned to say they had sold part of my garden to the neighbour in error (this was in November when the conveyancer suggested I make a formal complaint to try and speed up the process snd to get things resolved). I made my complaint on November 23rd, did not hear anything snd I chased several times and contacted my Mp, finally managed to speak to someone in the department on December 29th and was told they would look into things and get back to me within a week, I then had a response from the Mp saying they had dealt with my complaint in full on December 29th (they were saying that answering my call and letting me know they will get back to me was the same as dealing with the complaint itself). In early January they sent a surveyor to look at the property who measured the boundary and took photos, he agreed in person their plan was wrong, they then contact my conveyancer and say that their original plan was correct and no part of my garden has been sold, so they aren’t changing it. I contact them again to request copies of the measurements and photos taken by their surveyor, I also send them a video showing the boundary. Last week they send out the surveyor again who again agrees their plan is wrong and takes measurements and photos, I get sent a copy of the updated plan from the surveyor but their legal team have not yet sent to my conveyancer. they are saying my most recent rtb8 is invalid because they started to look at the boundary issue after I issued the rtb6 - they did not send any rtb7 and they did not even resolve the issue before I submitted my rtb8 (still actually not resolved because they have not sent the new plan to my conveyancer)
  5. Also I have accepted the new offer based on the devs valuation back in September, since then I have been desperately trying to get the council to get the boundary plan correct and have been following their complaints procedure which they have completely not followed as per their own policies and have messed me around. They have now corrected the boundary plan as of last week, but still not sent it to my conveyancer
  6. I do not need permission to decorate or replace doors etc, a council tenancy is not like a private tenancy snd my contract actually states I am responsible for all decoration and garden landscaping. The council have in the past refused to carry out certain works I have requested of them because it is my responsibility under the tenancy contract, they would only maintain things like the boiler or fix the roof, they wouldn’t come and do cosmetic works to make the house nice to live in (or even address safety issues in some instances), the council have never suggested they aren’t disregarding my improvements because I didn’t get written permission. The rtb rules also state that any improvements must be disregarded in the valuation (so they should value it as of it was in the condition supplied, the rtb application form asks about your improvements for this reason) this has not been disputed by the council, it just seems as if they have not actually done it. The DV did take into account the improvements too. see the rtb guide on the gov website - point 8e confirms your improvements are disregarded Right to Buy: summary booklet - GOV.UK WWW.GOV.UK I was hoping someone on here would help, but unfortunately I think you do not have the correct knowledge to assist based on your answer
  7. In their recent response to me, they also state that their valuation would have used comparables, I have requested evidence of the compatibles used as their valuation does not match up to my own comparables used in my appeal or the DV comparables - my comparables and the value I expected to get works out the same as the DV. I’m not a surveyor but a simple look about on right move etc is enough to give snyone an idea. the councils valuation was higher than for sale at the time houses with same number of bedrooms but in much better condition and with extra things like a garage- their valuer actually commented that my list of improvements was the biggest they had seen (3 pages long) as I have done a lot over the years and the house inside was essentially Dilapidated and I have re plastered walls and ceilings as they were in such poor condition, all doors have been replaced as they were all odd and in poor condition, I fully landscaped both front and rear gardens etc… I don’t see how they had come to their valuation and have taken my improvements into account and they have not provided evidence to support their valuation other than a document with an incorrect number of rooms on it.
  8. I got the new valuation from the DV on 9th July, however they messed up and didn’t send it to my council but rather they sent it to a different council by mistake, I noticed this and let the dv know, they sent it to the correct council on 29th July. DV didn’t say how to accept the new offer, I contacted the council a number of times asking if I could just accept it or if they had to send me a new offer. After a few weeks of no response, I finally managed to talk to someone on the phone and they confirmed they need to send me a new offer. This was sent in September the council have not disputed the DV valuation and made their second offer for this lower amount. However they still maintain their original higher offer was also correct and refuse to acknowledge that it was based on a property with an extra room, even though their own documents show this.
  9. a bit long so apologies, just looking for some advice. I applied to buy my house in september 2020 (hand delivered after office hours on 2nd sept, so received by them on 3rd sept). a few days later they contacted me to ask for copies of ID and to arrange a meeting via zoom to go over the proces on 6th October i served a rtb6 as i had not received confirmation of my right to buy - in response they stated that the rtb process didnt start until the day they had the zoom process as this is how they deal with things , i responded and advised they would need to counter with a rtb7 and pointed out that the law is clear the process starts when they receive the application - they provided confirmation of my rtb later that day - they never served any rtb7 4th (i think) december i served another rtb6 as i had not received the offer - shortly after they sent me the offer which seemed high so i asked how it was worked out - they did not send any comparisons used or calculations, just a list of rooms which was incorrect as their list stated that the downstairs of the house has 2 reception rooms (it has one) - i emailed to advise them of their error - they never responded - i appealed to the DV July 2021 the DV provides their valuation which is more what i had expected it to be from the start - the council did not send my new offer until september - i accepted and instructed a conveyancer and got my mortgage sorted October get a plan sent to me from my conveyencer - it has the boundary incorrectly marked - they return to the council and later they advise me to make a formal complaint as they are very slow. 23rd november i make a formal complaint - the complaint procedure states they need to respond within 10 working days - they ignore my complaint and i chase several times - on 29th December i serve another rtb6 because of their delays and also serve rtb8s for the october/december 2020 rtb6s as they never sent a counter notice.They finally respond to my complaint in january, but they ignore most of what i have raised so i made a second stage complaint on 29th january i served another rtb8 as they had still not dealt with the incorrect boundary plan and had not served any rtb7, they were late responding to my 2nd stage complaint and i am not happy with it, they are stating that all of my rtb8s are invalid - the last one because they were investigating the boundary and the other two because they eventually sent the confirmation and offers - i have now made a 3rd stage complaint and intend on going to the ombudsman but hoping someone on here can help clear some things up. I have looked at the legislation and cannot see anything that would suggest my rtb8s would be invalid as the law is clear that the council would need to have served a rtb7, so even if they sent the confirmation of right to buy, without the rtb7, my rtb8 would stand? is this correct or am i misunderstood? Also the latest rtb8 surely them still investigating the boundary would not be reason to invalidate the rtb8 - they finally corrected their boundary plan last wee, but this has not even been sent to my conveyencer yet, so it is not a case of they had finished looking at the boundary. Would their initial offer be valid if it was based on a property with an extra room - note that despite raising with this with the council at the time and in my complaints, the council have not even acknowledged that they included this extra room and say that as they counted the correct number of bedrooms their figures are correct. There has been other issues during the process including them making a false declaration about there being asbestos in the property twice (they did an asbestos survey during my tenancy so they should be aware that there is asbestos, yet they declared none on the first valuation, i pointed this out in my appeal and they ignored this and again declared no asbestos on the second offer) I will add that i have responded either the same day or within 2 days to every correspondence, so the only reason it has taken over 17 months so far is because the council have made various errors and just been slow, it is not because i have been dragging things out. I have written to my MP too but they seem to just forward letters between parties rather than actually do anything
  10. It has taken a long time as the hearing was delayed due to COVID, but this was finally heard this morning by District Judge Abraham at luton court. the judge found that there was not a case for denied boarding, however he found that there was a case for negligence as there was not sufficient time allowed for all passengers to arrive at the gate and the gate closed too early. The cost of flights for the following day was awarded along with the application fee and hearing fee. No compensation was awarded for the denied boarding and we missed a day of our holiday, but still a win as I got my additional costs back and it’s hopefully a lesson for EasyJet and maybe they will review procedures to allow more notice of the gate number in future.
  11. Are you saying that you do not take the breaks, but they deduct the hours regardless? For the hours you are saying you work, you should be taking breaks
  12. Quick question, but from reading this, I get the impression that you have not had the body works carried out, is this correct? if you have an estimate but not had the works carried out, then you have not yet sustained this loss yet and it may be questioned why you didn’t get it repaired in the last two years and that as so long has passed that it does not really need any repair. If the estimate is from a main dealer, it is likely that a local garage would also be able to repair for a much lower price too so if you was to get it repaired, your loss may be much less than previously thought.
  13. But if you decided to use a rental for a few months, that is not the fault of the caravan park and the pitch will still be available for you. If you are not happy with the settlement as you feel they are not offering enough to cover the like for like replacement of a used caravan and all the additional costs such as removal of the old one, then you need to address that with your insurers.
  14. Can you not buy a used caravan though as the settlement should cover that. Your caravan was used so the insurance won’t pay for a new one, but you should be paid enough to get a like for like old one and you can ask if they would cover costs to install. But the pitch is still available for you to use, so you have not lost that and won’t be entitled to a refund
  15. If the caravan has been written off, have you not been given a settlement cheque to buy another. So you can get a new caravan to use on the pitch. If you decide against getting a new caravan and using the pitch, then that is your choice and neither the insurance company or caravan park owe you anything if you have been paid the funds to get a replacement and the pitch is available for you to use as it is your choice not to use it as nobody is preventing you from using it.
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