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About Positive1

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  1. Update. Got a letter today from BTO acting for greenbelt today, they say, they will claim, " We refer to above action, in which we act for the pursuers. In advance of the hearing we advice that it is our intention to challenge to competency of the hearing on the minute for Recall having ever been granted." I was on the greenbelt action group page last night, and seen someone managed to get legal cover to fight the case from there home insurance, Just been on the phone with MORE TH>N home insurance legal team, gave all info. will let me know within 5 days if they can offer legal representation them, fingers crossed, Also, the following info is from the Greenbelt Action Group http://www.spanglefish.com/greenbeltgroupaction/ "Newsflash... A TOTAL OF SIX ESTATES THAT WE KNOW OF IN SCOTLAND HAVE HAD THE LAND MAINTENANCE BURDENS IN THEIR TITLE DEEDS DECLARED INVALID BY REGISTERS OF SCOTLAND IN RECENT MONTHS, BASED ON THE OUTCOME OF THE TEST CASE... It is an option now for every homeowner in Scotland with a land-owning land maintenance arrangement in their title deeds to write to the Keeper of the Registers of Scotland and request the following... "I believe my deeds are unenforceable based on the outcomes in the Marriott v Greenbelt Group Ltd case in the Lands Tribunal for Scotland (LTS/TC/2014/27, 2 December 2015) and am wondering if I could request that the burdens in my deeds are rectified accordingly." Simply supply your, name, address, the number on the front of your deeds (and ideally the paragraph numbers of the sections in your title deeds that mention land maintenance) and fill out the contact form on the Registers of Scotland website (use the general enquiry drop down tab). There is no charge for this service." So I've done the above also,
  2. will look into to this monday more info on spanglefish.
  3. The test case spanglefish.com, in which I take it they were successfully to got rid of green belt, they say publishing a layperson's guide to the ruling in the coming weeks along with a step-by-step guide on how they mounted the test case. If only I could understand the judgement http://www.lands-tribunal-scotland.org.uk/decisions/LTS.TC.2014.27.html
  4. In original summons, it gives dates as far back as 2005. https://i.imgsafe.org/0ed87032ca.png
  5. Next step, make a complaint against BTO Solicitors acting fro greenbelt, I my mind they knowingly took statute barred debt to court. I will go through the motions stated here: http://www.lawscot.org.uk/for-the-public/what-the-society-can-do-for-you/making-a-complaint-against-a-solicitor/
  6. Update, Court today, lawyers for green belt didn't show, Judge pulls out a letter from green ask me if id seen it before I say no, get told have a read and will call me back up. they made an application to the court, that they didn't agree i should be allowed to have a minute recall, I stressed to the judge, they were just taking advantage of me as I don't have any legal representation . The Judge went on to say they tend to agree with what they said, again I stressed, they are in breach of contract for poor performance. I have photo's to back it all up But, judge then said the best I can do for you is look over the original case document and recall, case again, in 8 weeks, Not gonna be easy, In the mean time, Im going to try get as much info as I can and get it sent to bbcwatchdog, After calling a ton of solicitors for free advice, got one who help a little and disliked greenbelt just as much, he said legally home owners can just sack greenbelt if they all just get together. I did say to the judge, can I ask you a question, they said yes, haha, I said is it legal for lawyers to knowingly take statute barred debt to court, Judge "im not here to offer you legal advice" haha My plan is to plead with watchdog, to educate to this fact, in the hope, estate under this crowd, can get them sacked one estate at a time. Im also going to try as many news papers as possible, also even local ones who have a greenbelt estate, Note to self, Never ever ever GIVE UP!
  7. Our today, found another 4 areas in poor maintenance, got plenty of photos for court next week, will update result then good or bad. happy new year guys.
  8. Good info jenny thank you. Ive got plans from council showing land they own, and service, behind my house they own but dont service and said the passed it to a sister company green belt energy i think, same address same staff etc, but i guess if they put it under that they dont service, any way this land 16ft high weeds, wrecking our fencing had to hire gardeners for last few years to cut back, you think this would be worth bringing up in court even though they say its not them ,but another limted company owned and run by all the same staff and ceo I guess it cant hurt give all photos and plans to judge. court date 5th jan have other info to raise that court they gonna be surprised with.
  9. Before I raised action today, ive had various contact from green belt. I just got this letter today.. I almost fell of my chair laughing, when I read para about area behind my house aka "species choice" lol weeds you cant make that up hahahaha. "It has established well and is serving its purpose" 12 year old weeds 15-20 feet high, hahaha also looks like they threat if i seek to send word to media. "I write in response to you and your wife’s recent contact, by email and phone to myself, our Billing Manager and our Managing Director. Piecing the various contacts from you both together, I understand that the matter of the outstanding debt was not highlighted to you immediately by the property owner, thus there could be some confusion on your part as to the matter we are pursuing. It has always been made clear to the property owner, by bills and letters and charges of the responsibility for the routine maintenance, regardless of such, the debt has been allowed to accumulate over time from 2006. As notified and in conversation, you are aware that there are three separate matters here and I think it is crucial to be able to differentiate between them all, given the tone of your communication with our Managing Director and Billing Manager whereby you note you will proceed to media exposure with regard to some of the areas in question. To be clear here and for the avoidance of doubt; you are referring to three separate areas all managed and maintained by three separate companies. You refer to: 1. Areas in which are charged to residents and the property owner – directly related to the court action. These areas ARE owned and managed by Greenbelt Group Ltd. 2. Areas which are being maintained but are not being charged to residents – not relating to the court action. These areas are owned and managed by Greenbelt Energy Ltd and have nothing to do with the home owner’s bill. 3. Areas which are maintained by Council and are NOT anything to do with either Greenbelt Group Ltd or Greenbelt Energy Ltd and are not charged by either company to the homeowners on your development. You need to be very clear about these areas if you are approaching any media outlet with regard to them as Greenbelt will seek to defend ourselves vigorously with regard to any inaccuracies in detail either by yourselves or any reporting body. You called and spoke to various members of our team and also sent a variety of emails/pieces of correspondence to members of staff, at different times of the day and night, asking them for clarification of the areas involved in the routine maintenance and threatening to visit media outlets, if the information was not forthcoming within unrealistic timescales. Not to mention, the very unhelpful comments included within your correspondence. Since then, our Regional Operations Manager has visited and annotated a site plan, taken pictures and supplied the ‘xxxxx Adoption Plan’ to make our position clear to you. Please see Mr Park’s response below from the visit yesterday 19.12.2016, and is an extract from his report which relates to your comments and various images sent to our Managing Director, Billing Manager and Mail Room. “ The gap in the fence and the missing shrub/tree planting to the Western culdesac This area is the responsibility of xxxxx Council. As clearly be seen from the 1264 Customer Care response Plan, past the small double parking bay it is not in Greenbelt Group Limited’s title. Also on the xxxxxx adoption plan, it is clearly shown as the responsibility of xxxxxxx Council. The frontage gap in the Beech hedging and the broken angle iron fence Again, this is the responsibility of xxxxx Council who have always maintained both. This can clearly be seen on BOTH plans attached. Regarding the woodland strip. The species choice, type and location was decided by the Developers Landscape Architects at the Planning stage. It has established well and is serving its purpose. (Photo 008). Residents DO NOT CONTRIBUTE to this area as can be seen on the 1264 CC response Plan. This is because this area is not owned/managed by Greenbelt Group Ltd; it is owned and managed under a completely different regime by Greenbelt Energy Ltd. It is growing well and you are entitled to prune back any overhangs to the fence vertical if you so wish; as is the law in Scotland, provided the main plant is not damaged or made dangerous in the process. Any arisings from pruning back to your own title boundary can be returned to the owner by leaving on their side of the boundary. In effect Greenbelt Energy Ltd is a neighbour to the adjacent houses here. The dark green areas noted on the 1264 CC Response Plan are the areas that the residents contribute to. They are, and always have been managed to a high standard. (Dated digital quality photos 012/013/015/016 attached “ As noted above and is possibly adding to your uncertainty of the areas that are managed by Greenbelt Group Ltd and for which the householder is charged, there are also other areas, such as the service strip hedges you refer to and infrastructure planting, surrounding your development that are maintained by xxxxxx Council. There is a planted way leave area adjacent to your home, not highlighted green on the plan that the householder received in relation to their bill and not charged to The xxxxx residents. This is because it is owned and managed by Greenbelt Energy Limited, as noted above, under a completely separate management regime. Finally, there are also some private areas, owned by others, again that the homeowner is not charged for. I am sure that my information here and Mr Park’s comments, plans and pictures will finally clarify points 1-3 above and answer all questions from yourself and the homeowner, including a letter received here this morning (a copy of a previous email), and the responsibilities of all parties in relation to the management and maintenance of the public open spaces surrounding your home at xxxxxx. I will not be discussing any matter in relation to any other resident or development within this correspondence. To finalise our position, I hope you will read over this information carefully before you decide pursuing any further action as noted within correspondence from both you and the householder, however I am more than happy to clarify on the phone or via email any outstanding questions you may have. Regards Chris McLellan Senior Customer Care Officer Greenbelt Group Ltd McCafferty House 99 Firhill Road Glasgow G20 7BE 0800 028 1749 (options 1,2)"
  10. Thanks I will do, Ive got a land map of areas they maintain, then I also managed to get a land map of both areas they maintain and areas they own and don't maintain from my local council, Also sent another letter "Letter before small claims Action" giving them 28 days, then Im taking them to court, for the land they own but don't maintain , thats damaging/causing issues with my property. Will get as many areas of poor maintenance I can. Do you think its worth bringing up the land they own but are not maintaining in this case?
  11. Update, "ring the clerk of the sheriffs court and ask how i can amend the judgement" I had went to the sheriff court last week in person to ask to raise a minute to recall. the lady comes back 30 minutes later and says you "cant do it, as you submitted payment terms and admitted the debt" not to be put off I call them again today, and sadly got the same lady and she saying "we cant offer any legal advice" not to be put off I call back again., I call back get a different lady, I tell her in England they have form N244 to appeal case, I ask can you tell me form names for Scotland, she says "yes forms 20 and 20a, If you want to come in I can go over them with you" Its now 17:13, all forms done Greenbelt soilcitors have been served , we are in court January, I will need to attend myself any advice welcome haha, happy to update with results no matter the outcome in a hope it helps others.
  12. Just got latest bill from Green Belt group today , for the above type of service, 1st Dec 16 - 30 Nov 17 - £270.59 I guess they want me to pay to look at mud patches I do have a secondary issue, an area of land they say they own but dont service, but say we are not charged, but I have to hire gardeners as there growth comes into our garden every year. They denied ownership of the land in 2006, and again in 2016, until local council said Green belt group owned it, the it changed to we own, but dont service, Im actually starting a claim against them for that.
  13. to be honest I have, Greenbelt are taking the line we have WON at court which to me is silly its just by default they didnt do anything to make them proud. "tried to post image of issues dont have 10 posts yet " sent several images were they are failing and its been over many years, also spoke to a solicitor last week, Greenbelt in Every scheme can simply be sacked, they work for the house holders, maybe when I go to watchdog they will explain it better than me
  14. http://www.consumeractiongroup.co.uk/forum/showthread.php?464034-Court-summons-from-GREENBELT-GROUP-ADVICE-**Discharged-for-£400-from-£2k** Same kind of situation. not paid 9 years greenbelt didnt do the work bad areas in street with very poor maintenance. BUT, other half filled in court summons to make payments, she didn't contest. , this was around 4 weeks ago so they have won decree at £2500, granted 4 days ago got a letter saying as the won decree if we dont pay they will send sherrif officers. how can we contest decree after they win decree, as 50% of the debt is statute barred? was take to court by GREENBELT GROUP ADVICE they got decree. not paid them for around 9 years no contact, in the last 5 years when they made contact they point blank refused all payment terms and demanded full amount . level of service was so poor missing fence sand hedging. patches of land that are meant to be grass simply large areas of mud, In November other half gets citations in her name she doesn't tell me she fills it in with offer of payment, total was around £2300, we are in a difficult financial situation at the moment. As she made offer of payment they win decree for £2300. the issue i have is half of that debt is statute barred. im in talks with greenbelt now, if they dont help, my plan is to take the story to the press and bbc watchdog monthly. They knowingly took statute barred debt to court. SO far, I have contacted : Laura Sangster Para Legal for Greenbelt Laura Sangster Paralegal Greenbelt Group Ltd DL: 0141 948 1249 She was really smug, comments along the line we have WON decree etc. so you will need to pay full amount even though I explained its statute barred. Alex Middleton CEO man of few words sent several emails, either he will ignore or say "thanks" with no other words. anyone know how i can amend judgement cant afford a lawyer sadly, but at worst will plead with BBC watchdog to help.
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