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    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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just wondering if anyone can point out any obvious mistakes - inconsistancies, plain bad spelling, or in other words basic labratiness with the following letter

 

Dear sir or madam I would like to comment on application 2009/****/**

I feel that this development would provide a general determent to the local area, the foot path alongside the proposed works is part of the Maun valley trail, looking at the cross section of the site the retaining wall will tower over the footpath along with the trees planted alongside the wall this would provide a dark tunnel that would make anyone walking down it unsafe.

It would also attract graffiti, which is already known in the general area with markings appearing on the railway bridge I feel that this would provide another target and the resulting damage would leave an unsightly path which gives an impression of being neglected.

I have also notice that the retaining wall that is already appearing around the site looks rather unsteady, it seems to have no substantial foundations and be rather thin to support the combined weight of earth, road and buildings that will be behind it, I also have worries that if the trees are planted this close to the supporting wall then there will be long term damage from their roots, possibly causing the wall to bulge or even damaging it beyond repair, either of which would cause considerable danger to pedestrians on the path

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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I've given it a bash for you:

 

Dear sir or madam,

 

I am writing to express some concern with regard to application 2009/****/**.

 

I feel that this development would provide a general determent (do you mean deterrent or detriment?) to the local area. The foot path alongside the proposed works is part of the Maun valley trail and from looking at the cross section of the site, the retaining wall will tower over the footpath along with the trees planted alongside the wall; this would provide a dark tunnel that would make anyone walking down it unsafe.

 

I feel that a strong liklihood would be that it would also attract graffiti, which is already known in the general area with markings appearing on the railway bridge. I feel that this would provide another target and the resulting damage would leave an unsightly path which gives an impression of our community being neglected.

 

I have also noticed that the retaining wall that is already appearing around the site looks rather unsteady, it seems to have no substantial foundations and be rather thin to support the combined weight of earth, road and buildings that will be behind it.

 

I also have concerns that if the trees are planted this close to the supporting wall then there will be long term damage which will originate from their roots, possibly causing the wall to bulge or even damaging it beyond repair, either of which would have a knock on effect, causing considerable danger to pedestrians on the path.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Interesting that you mention the retaining wall, being a structural engineer, what is it constructed of; concrete, brick, block,timberetc.

Is it adjoining a public road, footpath? What sort of develoment is it? If it is not part of a building then Building control may not have checked it, however if it adjouns any sort of public area it would be under there control or Highways.

Your concerns sound as if they are based on some building knowledge and appear justified so I would contact Building control of your council and perhaps mention that they look at it as you may even consider it a dangerous strucutre!

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the walls going to be around 5 - 7 foot high with a 2 foot fence ontop at the high end, the low end the walls around 3 foot with a 2 foot fence ontop, hes only build the low end at the min but hes simply poured a layer of concrete onto the bare earth (around inch thick maybe) then one brick thickness of wall, with some rubble cemented behind it.

 

if does ajoun the footpath but he might make it thicker for the higher end, he does seem to be cememnting blocks in at the min that have been taken out of the railway bridge so it may be thicker later on

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Again interesting, due you think he working to a drawing or detail issued by an Engineer or Architect for the development or just making it up as he goes along?

 

As I said before your concerns sound justified, so speak to building control, they are very helpfull and where public safety is concerned they will respond.

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well ill try and get pictures up sometime not sure when im going past (walking at least) i do tend to drive by everyday

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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latest version of the letter

 

I feel that this development would provide a general detrimentto the local area. The foot path alongside the proposed works is part of the Maun valley trail and from looking at the cross section of the site, the retaining wall will tower over the footpath along with the trees planted alongside the wall; this would provide a dark tunnel that would make anyone walking down it unsafe. There is also the risk of falling leaves as the footpath is a slope this would leave the path slippy and thus unsuitable to pedestrians

 

I feel that a strong likelihood would be that it would also attract graffiti, which is already known in the general area with markings appearing on the railway bridge. I feel that this would provide another target and the resulting damage would leave an unsightly path which gives an impression of our community being neglected.

 

I have also noticed that the retaining wall that is already appearing around the site looks rather unsteady, it seems to have no substantial foundations and be rather thin to support the combined weight of earth, road and buildings that will be behind it.

 

I also have concerns that if the trees are planted this close to the supporting wall then there will be long term damage which will originate from their roots, possibly causing the wall to bulge or even damaging it beyond repair, either of which would have a knock on effect, causing considerable danger to pedestrians on the path.

I’m also worried about the provisions for bin space and parking, as shown on the plan there is parking for two cars this does not make provision for parking for visitors these would need to park at the top of the drive so not to block access to the houses, this would mean that they would most likely park across the top of the footpath blocking access. There has been provision made for storage of 3 bins at the top of the drive, as we operate a 3 bin system that would mean that one week in two there would be six bins stored in an area made for 3 possibly also blocking access to the footpath.

 

plan for area btw: http://www.mansfield.gov.uk/FastWEB/documents/DC05551.PDF

 

and cross section: http://www.mansfield.gov.uk/FastWEB/documents/DC05555.PDF

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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  • 2 weeks later...

well the letters been sent- photos as promised there not very good im afraid mobile camera and all

 

wondering if he reads these boards the wall seems to have got thicker

 

Photo-0042.jpg

 

tho i hope this isnt indicative of quality

Photo-0041.jpg

 

these are the foundations

Photo-0044.jpg

 

when its finished the wall should be roughly as high as the green railings

 

Photo-0045.jpg

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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  • 3 weeks later...

probably final update

 

Description:CONSTRUCTION OF 2 NO. DETACHED DWELLINGS WITH DETACHED GARAGES AND NEW PRIVATE DRIVE - RESUBMISSION

 

Decision Date:22 April 2009

 

Decision Type:REFUSE PERMISSION

 

Temporary Expiry Date:

 

 

Decision Level/Committee:DELEGATED DECISIONS

 

 

Conditions / Reason for Refusal:(1) Reason: The proposal is contrary to Saved Policy H2 (28/09/07) of the Mansfield District Local Plan (1998) which states: PLANNING PERMISSION WILL BE GRANTED FOR HOUSING DEVELOPMENTS WITHIN THE URBAN BOUNDARY, AS DEFINED ON THE PROPOSALS MAP, PROVIDED THAT THEY WOULD MEET ALL OF THE FOLLOWING CRITERIA: - 1) INTEGRATE WITH THE EXISTING PATTERN OF SETTLEMENT AND SURROUNDING LAND USES; 2) NOT LEAD TO A REDUCTION IN RESIDENTIAL AMENITY FOR ADJACENT OCCUPIERS DUE TO SUCH FACTORS AS LOSS OF LIGHT /SUNLIGHT, OVERLOOKING, NOISE, ETC.; 3) RETAIN IMPORTANT SITE CHARACTERISTICS/FEATURES WHICH WOULD INTEGRATE THE BUILDING WITH ITS SETTING; 4) INCLUDE APPROPRIATE CRIME PREVENTION MEASURES IN ITS DESIGN; 5) BE LOCATED WHERE THERE IS, OR IS THE POTENTIAL FOR, EASY ACCESS TO PUBLIC TRANSPORT; 6) INCORPORATE SUITABLE AREAS OF OPEN SPACE, INCLUDING PRIVATE GARDEN SPACE AND PUBLIC OPEN SPACE, TO MEET THE NEEDS OF RESIDENTS. The proposal would not meet criteria 1 of the above policy as, by reason of its close proximity to a main railway line, its elevated position above Hermitage Lane and its siting to the rear of properties on Kings Lodge Drive, it would not integrate well with the existing pattern of settlement and surrounding land uses, to the detriment of the character of the area and the residential amenities of future occupiers of the proposed dwellings. The proposal would not meet criteria 2 of the above policy as dwelling 1 would allow unreasonable overlooking onto the private rear gardens of adjacent residential properties

Edited by labrat
removing smilies

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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  • 4 months later...

hmmm least i thought it was the final update.

 

sorry to revive an old thread but got a letter saying hes appealing to the secretery of the state for the enviroment.

 

ive put a complaint in but anyone know the chances of this being rejected or allowed?

 

plus hes already started building again :mad:

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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