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swayze

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About swayze

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  1. Not at the moment but i do keep all paperwork so i am trying to dig them out When i first opened the account it was before Lloyds took over TSB would this make a difference? On a seperate note just recived a letter from Lloyds talking about a "Concessionary Arrangement Statement" anyone any idea what these are ? Maybe a good idea to open my own thread with it.
  2. I am in the same position as tinks ie sent LBA The claim is against Lloyds for approx 12 k from 2000 to 2006 approx Need to do something soon are we any nearer with the new stratergy guys and gals ................please
  3. Could anyone clarify please The OFT state here The Office of Fair Trading: OFT welcomes Court of Appeal judgment That "It is also relevant to businesses across the whole economy". How is it relevant if business accounts are not governed by the UTCC regulations. Somebody may like to point out to the OFT that they are sending out confusing messages.
  4. Hi All Just wondering if there is any movement on the new stratergy regarding business claimants ? It is rather urgent as i have now been served with a claim form from Lloyds TSB for repayment of my overdraft which is the equivalent sum of my bank charges As i understand it LJ Smith has yet to rule on Lloyds T&Cs so could i counterclaim under common law ? Any advice appreciated
  5. Below is an extract from a letter from the head of building control dated 11th June. "Please find enclosed the estimate for the demolition work. The Council has accepted the Phase one sum of £24,250 minus £1,600 Leaving £2,2650. I am happy for you to negotiate a lower price as long as this does not hold up the contractor starting on site" Below is a copy of a letter signed by the demolition co and Council on the 12th June. "Dear Sir In accordance with our verbal agreement.Could you confirm that the total price of the demolitionof the xxxxxx hotel would be no more than £25k + vat This price includes phase one and two. SIGNED on behalf of xxxxx demolition co Signed on behalf of XXXXXXXXXX borough council "
  6. Latest Update Just had a meeting with the mortgagee of the hotel.(private individual) and he has also recived a letter from the council stating that he is no longer has first charge on the property the council do. They quoted case law surporting their view But this seems extrodinary that a first charge can lose its place to a local athority.
  7. Sorry Tomterm We must have posted at the same time, yes i do have a copy of the agreement regarding the £25k
  8. Thaks Guys You have muddied the waters even more (only joking) I was demolishing the building under a section77 notice (The magistrates court allowed me 6 weeks to do this) The council decided i was not working quickly enough so decided to take over the demolition in June 07 I wrote to them and told them i wished to appeal to the crown court as is my right under the Building Act 1984 They refused my request and took over the site (This brings up matters of article 6 of the human rights act inta alia) Now as of yesterday the council were still working on the site Remembering they allowed me 6 weeks to complete the works this seems proof that there 6 weeks was unrealistic. Having said all that after reading Aquades post i think i may be the claimant I then read tomterms post and must admit i missed the word defendant in the Building Act 1984.
  9. Aequitas Firstly Thank you for your reply it has helped me no end. The only point i wish you to clarify is "Your dispute is as to the amount owed and that will be settled by the court action or agreement." At any point in this do the council have to apply to the court? The point being is if they do i would file a counterclaim and be the defendant or would i have to file my claim and be the claimant ?
  10. Thenks for the number Seq but they could not help So i called my lawyer today (member of a large north west firm) and he was unsure if there was anything i could do about it. So it seems it is not a common occurance.Which is a little perplexing and worrying. The good news is he is looking into it this week and going to get back to me So i will keep you posted as it may be of intrest to you guys (and girls) Thanks for the help anyway Cheers
  11. Sorry tomterm you seem to have misunderstood me That claim is my claim against the council That is why i stated that there are monies due to me That particulars of claim is what i will be sueing the council for when they try to recoup their demolition costs (amongst other things) The council are well aware of the fact i will be sueing them that is why i think they may tried to be a little devious and get the charge registered without giving me the opertunity to defend it. PS it has not been filed yet as i wish them to claim from me and i will counterclaim against them.
  12. Sorry tomterm What Count Court Claim listed above ?
  13. Dear Madam Re xx-xx xxxxxx rd town i am aware from the contents of titles xxxxxxxxx,xxxxxxxxx and xxxxxxxx that you are the owner of this property.the council has pursuant to its statutory powers carried out certain works at the property the costs of which have been registered in part 2 of the register of local land charges. Intrest is accruing at 6.3% per annum and the amount requried in full settlement today is £61,155.71 I am prepared to accept payment by instalments If you wish to pay in this way please contact me to discuss an acceptable instalment figure. If payment proposals are not made within 14 days of the date of this letter then i am instructed pursuant to the councils statutory powers to register a financial charge against the title to the property Thereafter the council may exercise its power of sale and thereafter apply the proceeds of the sale towords the discharge of the debt due to the council. If the land certificate or other title deeds and documents are in your possetion please forward them to me Otherwise please let me knowif you are aware of the whareabouts of the deeds. please do not hesitate to contact me if you wish to discuss this matter further.
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