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    • 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? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
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Job offer withdrawn


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Hello Everyone,

 

I wonder if anyone can possibly help me with this as it`s upsetting and don`t know where to turn

 

have been working in the NHS for over 10 years in many different departments, after a 4 years break i returned to nursing in auxiliary capacity in April of this year, i sent my CRB off an started work before it came back, 3 months into my employment on Saturday 11th July i started my late shift and was immediately called to the office where my ward manager and deputy were there, i sat down and my ward manager asked me if there was something i should tell her !! i told her no that i knew of nothing she asked me another 2 times which i replied no, then she said that an issue had shown up on my CRB, which i had no idea of, it was a motoring offense in the beginning of 2006, she asked me why i didn`t divulge the information and i explained that in all honesty i genuinely thought it would have been over when my ban was up in 2007 so was classed as spent after 1 year but i didn`t know that my fine would show up and that seeing as i wasn`t driving for a job or had hurt anyone nor ever been in trouble in my life i had no idea it would be on there and that i in no way hid it from anyone an i apologized, an explained that it was not in my nature to lie or hide anything, she said she was going to seek advice from HR, and was told to go back to the ward, i ended up with a severe migraine and had the following day off, the 14th was my day off and she rang me at home and ask me to come in for a little chat about the issue, i went there and my manager and deputy was there, she told me that unfortunately my contract has been terminated, i told her again that it was not intentional, she explained i would be missed and that she had nothing but praise for my work and that i was one of the best workers and was so sorry to see me leave, i am devastated at the outcome and did not hide it intentionally, people have said that HR should have been present and that she should have been able to produce some documentation to support this, nor was i told at any time i could have representation with me an was led to believe it was an informal chat, is there anything i can against this as i love my job and would love to keep it even if it meant 6 month probation in work.

I have recieved a letter from my ex ward manager saying that i had been relieved of my post due to an issue of trust !!, my colleauges are still in touch with me and want me back and patients are still asking my colleauges if i will return and sending their regards to me, I feel it`s such a shame when driving was not part of my job, and that i can see their point of view regarding trust i have never in any position been untrustworthy on any occasion as i would never jeapordise my position and consider myself a very honest person as well as do ex colleauges and ex managers, i would love to be reinsated into my position and wondered if i could contact the head of medical services or my ex ward manager and ask if i could be re employed even if on a 6 month temp contract i dearly miss this job as i loved it and gave it 100%

Any help you could give me would be very much appreciated

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She phoned over to the ward office to tell me she wanted to see me, her and the deputy was there, it seemed very informal, i went back to the ward and carried on with my shift in the belief that it would be ok as she said she just needed to speak to HR about it, then on my day off she rang me at home asking me to come in for a little chat, she asked me why i hadn`t disclosed it, i told her in all honesty i didn`t hide it and it was an error on my part and that i was really sorry, her and the deputy were laughing and joking when i went it about how early they had got up, so i thought i was all fine, then she said she had to withdraw the offer even thought i had been there almost 3 months, i can`t believe it i`m devastated and if i had known i would have divulged it straight away as i wouldn`t hide it delibratley, i really don`t know what to do as i loved my job and got on so well with everyone, staff i met are still in contact with me and patients sending their regards which is really nice

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I am astounded on two counts.

 

One, as a prospective patient, that you were allowed to start work without a CRB check. I have a relative who works in Occupational Health in the NHS and she says that no employee is allowed to commence work in their PCT (in whatever area) without this being complete. However, it seems that this is not law, (except if you work with children). However, in the absence of a CRB your managers should have carried out a risk assessment before allowing you to start work to decide whether you needed supervision.

 

The other is, as you say, it was a motoring offence and completely unrelated to your role. I can see why anyone wouldn't think it was relevant to mention at interview.

 

I thought the NHS was finding it hard pressed to find good, reliable staff. Now I know why.

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Sali is right you know, on his first point. I wasn't allowed to visit tenants when I started the new job, until the CRB came back - 5 months it took!

 

You must be gutted, and I am sorry this has happened to you. I really hope there is something that can be done about it for you. Are you in a Union?

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I can understand if it was a driving job, !! or if i had lied on purpose, no i wasn`t a member of a union, and i can`t appeal as she dne it 5 days before my 3months was up, under 3 months you can`t do anything.

 

Devastated isn`t the word, i loved my job, i worked in neurological rehabilitation and i know i was making a difference, recieved a card from a patient today asking me to come back, and was signed by the patients i looked after and the staff which was so lovely

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You can always appeal littlecat, even when we think we don't have any rights - there is nothng stopping you putting pen to paper to the NHS trust or board of the hospital just so they are fully up to date with all that has gone on. It may not get your job back, but it will force you to write about this problem, that'll help you a little better, and you never know who is going to read that letter and what actions might come out of it!;)

 

In the meantime, why not go to a nursing agency, rely on your former colleagues for references etc., and before you know it you;ll be back on your feet again.

 

Fingers crossed, I can tell you are totally gutted, but it will all come out in the wash if you let it.

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Ok sorry to hear about your misfortune.

You should of been informed about an interview in writing and be able to have a representative present. I would write a letter and ask for a meeting as you would like a preservative present. Also are you not in a union. If not still give unison a ring especially if you have been a member in the past they may be able to advice.

also ring hr yourself not giving too much info away not even your name if possible and ask what there procedures are for employees to have a Crb before they start work and what the procedures are if an employ fails to disclose information on a Crb without knowing it needed to be enclosed.

good luck but i would strike quickly and to fight for you rights

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I would def contact your previously and request a copy a their grievance and appeal procedures and move forward with them as quickly as possible. However I truly unsure how things may progress as you withheld vital information which could have potential affected your initial offer.

 

I do believe there is major holes in how you were dealt with and you may get a positive outcome however don't feel you'll get your position back due to the nature of withholding criminal info.

 

Do push ahead as quickly as possible many employers have a 2 weeks window from termination to lodging an appeal.

 

Good luck

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