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    • It's genuinely amazing how you managed to rebuke pretty much all of my points without giving a single shred of evidence to prove it. When asked for evidence all you claim is that "it's clear cut" but how is anyone here meant to know if you won't show it?   I agree with this. If you can't convince us, how are you going to convince the judges when this inevitably goes to court?
    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
    • Peter McCormack says he has secured a 15-year lease on the club's Bedford ground.View the full article
    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me (as trustee and leaseholder) with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
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Interest Charges during Section 75 claim


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They prepared the plans, thank you. However – didn't you approve them?

 

Also, they prepared the plans – but presumably they prepared them to your specification. They must been acting on your instructions. Is there any suggestion that their plans complied with your instructions or is it clear that they did not?

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What date were all the items delivered by

On what date did you first indicate to the retailer an issue proveable in writing

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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There must be easier ways to get a free kitchen................................

 

H

44 years at the pointy end of the motor trade. :eek:

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Garuda Linux comes with a variety of desktop environments like KDE, GNOME, Cinnamon, XFCE, LXQt-kwin, Wayfire, Qtile, i3wm and Sway to choose from.

 

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Hi Bankfodder,

 

I hope you're well?

 

My specification was limited to simply what colour and kitchen I required. The layout and measurements were collected and compiled by the designers/planners. It was all agreed via e-mail. It was only when issues came up and looked closer that Inoted from the screen grabs that the planer software was reporting dimensional issues.

 

Thank you.

 

Hammy1962 - This isn't about getting a free kitchen. My thread title clearly indicates my concerns around interest charges during a Section75 claim. If its any consolation; I did smile at your comment.

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The bottom line is you must never stop payment to a merchant...dispute or no dispute.

 

You exhaust all formal complaints with the retailer first...retaining a paper trail as evidence....You don't have to reach a stalemate with the retailer or trader before you can contact your credit card provider - you can make a claim to both the retailer and credit card provider simultaneously, although you can't recover your losses from both.

 

There’s no set time frame for your card provider to resolve your Section 75 claim, but if you’re unhappy with the outcome of the claim, or how long it’s taking, you can complain to your provider, they then have eight weeks to deal with your complaint.

 

If your credit card company doesn't accept that you have a claim and refuses to pay up, you can ask for a letter of deadlock so that you can refer your dispute to the Financial Ombudsman Service (FOS).

 

If more than eight weeks have passed since you submitted your claim to your credit card provider, you can refer your claim to the FOS straight away without the need for a deadlock letter.

 

You can also approach the FOS before the eight weeks are up if your provider has given consent for you to do so.

 

If interest is still being applied to the amount in question....ignore for now..... if the section 75 is successful the interest applied will be adjusted back to the balance.

 

But never ...never stop your monthly payment and try to put the merchant to ransom.....they will simply default your card and possibly terminate the agreement

 

Andy

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More clarification please.

 

The designers/planners prepared the specification correctly and it was Howden's who failed to supply according to the specification. Correct?

or

Howden's did supply according to the specification but the specification provided by the designer/planners was incorrect.

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In that case I think you need to sue Howden's for a breach of contract.

 

I think it would be a good idea to start a new thread because even though it is only gone to 2 pages, it's all been hugely time wasting trying to get to the nugget of it. A new thread simply about suing Howden's for breach of contract and laying out very briefly the story in respect of Howden's would be a good way to begin. It will make it easier for people who want to help you to understand the issues. This thread has turned into a patchwork.

 

Of course the fact that it has gone on so long is not going to help. Also you need to figure out the outcomes you want. You have been using the kitchen for two years and although your cause of action arose two years ago people will ask why on earth you didn't tackle it then when the issue should have been straightforward and the outcome you would have preferred would have been simply to have the kitchen replaced with the proper specification.

 

Now you will have to agree that you have had some use out of the kitchen and that you've been rather tardy in bringing the action. It may be that you will have to settle for compensation rather than an entire refund.

 

Although the kitchen is not exactly what you specified, is it working and generally satisfactory – had it been a different specification. In other words, does Howden's breach simply affect the cosmetics or is it also a matter of functionality?

 

I'm going to close the thread and if you want to continue then I suggest that you start a new thread and maybe you could be a little bit more careful and forthcoming about the information you give. I have a sense that you seem to be making your own decisions as to what is relevant. This is not the way to do it.

 

Simply tell the story and then we can work out what is relevant.

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