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    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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Union representative let me down now I have to go to OH


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Hi. This is a very very brief writing of what has happened.I have had employment problems at my place of work for the last two years. First off, I should say that my Union Rep was orginally briiliant. She advised the school (I am a secretary) that they were walking on dangerous ground for what they had done to me and I was potentially in a position to take them to a tribunal.I thought that would be the end of it but we have a new Bursar here (ex-army) who accused me of bullying a colleague. It turned out that the accusations were false. I asked my Union Rep to come in because of this particular accusation and the fact that the new Bursar had shouted at me (which in itself is bullying). He denied he ever accused me of it rather than just saying "sorry I shouldn't have said that" or "I didn't think what I was saying etc.".My summer holiday was ruined because he spoke to me the day before my holiday so I was tense, upset, unable to sleep etc. for the two weeks I was off. I was emotional when I came back because I thought I was going to get sacked for something I did not do. A meeting was arranged for my Union Rep and the Bursar with me but not before the Bursar told my Union Rep that it appeared to be six of one and half a dozen of the other...not what he told me nor did he ring me at home to say so. He also said that my colleagues felt they were walking on eggshells around me. Having spoken to ALL my colleagues this week they all confirm that they have said no such thing and are upset he has suggested that they feel this way about me. They have known me for my good humour and support for 7 years in some cases. He has only known me for a year and doesn't see me one minute to the next.My Union Rep told me before the meeting she thought I was ill, I said I was not and that I was in fact emotional because I had worried for two weeks what was going to happen before I came back.Unfortunately, in the meeting with the Bursar my Union Rep said "I think you are ill". I nearly died. My stomach flipped over and my chest caved in. I could not believe that she had said something so stupid and especially after I had specifically told her I was not ill!!!!!!I have now been "bounced" into going to see Occupational Health at the suggestion of my stupid Union Representative. I am a fit, healthy woman. I run 5 - 6 times a week, I am happily married and am studying for a degree in Psychology. What the hell do I say to OH????I cannot believe how this has turned out. Can anyone help me please?

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Hi, If you were in an emotional state then perhaps your union rep thought that the pressure was making you mentally/ emotionally ill. This may strengthen your case of bullying and intimidation. You need to express to the OH that physically you are fit and look after yourself etc but describe the emotional effects that the situation is placing upon you. The OH will then respond back your employer laying out what actions they need to take to reduce this pressure.....which may give your line manager a warning to back off.

 

If he doesn't and the situation becomes worse you then have evidence (although I am hoping you wont need it!) of the emotional pressure and its consequences upon you if you needed to take it further.

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Hello there and welcome to CAG.

 

I don't know if you would be able to edit some paragraphs into your post [Edit post button at the bottom right hand side], but you will probably receive more replies if you make it easier to read. I know I'm not the only forum member who struggles with a block of text.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi. This is a very very brief writing of what has happened.I have had employment problems at my place of work for the last two years. First off, I should say that my Union Rep was orginally briiliant. She advised the school (I am a secretary) that they were walking on dangerous ground for what they had done to me and I was potentially in a position to take them to a tribunal.I thought that would be the end of it but we have a new Bursar here (ex-army) who accused me of bullying a colleague. It turned out that the accusations were false. I asked my Union Rep to come in because of this particular accusation and the fact that the new Bursar had shouted at me (which in itself is bullying). He denied he ever accused me of it rather than just saying "sorry I shouldn't have said that" or "I didn't think what I was saying etc.".My summer holiday was ruined because he spoke to me the day before my holiday so I was tense, upset, unable to sleep etc. for the two weeks I was off. I was emotional when I came back because I thought I was going to get sacked for something I did not do. A meeting was arranged for my Union Rep and the Bursar with me but not before the Bursar told my Union Rep that it appeared to be six of one and half a dozen of the other...not what he told me nor did he ring me at home to say so. He also said that my colleagues felt they were walking on eggshells around me. Having spoken to ALL my colleagues this week they all confirm that they have said no such thing and are upset he has suggested that they feel this way about me. They have known me for my good humour and support for 7 years in some cases. He has only known me for a year and doesn't see me one minute to the next.My Union Rep told me before the meeting she thought I was ill, I said I was not and that I was in fact emotional because I had worried for two weeks what was going to happen before I came back.Unfortunately, in the meeting with the Bursar my Union Rep said "I think you are ill". I nearly died. My stomach flipped over and my chest caved in. I could not believe that she had said something so stupid and especially after I had specifically told her I was not ill!!!!!!I have now been "bounced" into going to see Occupational Health at the suggestion of my stupid Union Representative. I am a fit, healthy woman. I run 5 - 6 times a week, I am happily married and am studying for a degree in Psychology. What the hell do I say to OH????I cannot believe how this has turned out. Can anyone help me please?

 

I am sorry that you had a bad experience with your Union rep but all you can do now is try to turn the situation around.

 

The Occupational Health doctor should be well able to distinguish between reactive stress and mental illness.

 

When you go to OH, I think that you should be honest about the effect on you and describe your embarrassment, frustration and disappointment but make sure to keep your language low-key.

I would use plenty of the jargon about "finding a way forward", "misunderstanding" etc.

 

The bursar has admitted making inappropritate comments but I think it would help if you mentioned any positive aspects of your working relationship with him. This would show that you do not have it in for him and are taking a balanced and objective view of the situation.

 

Also, it might help to consider what can be done to help you get over this unpleasantness and continue working with the bursar. Do you need some time off? Would reduced hours or mediation help? Try to suggest a solution, if you can.

 

 

From what you have written, it seems that you are being scapegoated, if that is a verb, and being seen

as "the problem". This is a nasty but not uncommon experience for workers who complain about bullying managers.

 

Lies and backstabbing are very difficult to deal with emotionally but you have a good chance of saving your job and getting things on a better footing, which, I believe, is your best option.

 

I get the impression that this is the first time you have experienced harassment at work and, if it is, you could tell the OH doctor that too. The first time is always the worst so good luck with your OH appointment.

Edited by Marieleeza
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I get the impression that this is the first time you have experienced harassment at work and, if it is, you could tell the OH doctor that too. The first time is always the worst so good luck with your OH appointment.

 

HiThanks for your reply, I sincerely appreciate. It isn't though the first time I have experienced harrassment at work, unfortunately I have been bullied for two years and was on the verge of taking my employers to a Tribunal. As things have continued and now this scenario has raised it's head, I wish I had.The previous Bursar helped in my previous meeting concerning the near taking to a tribunal, because before he left (he had nothing to lose) he told me that the Headmaster would do whatever it takes to get rid of me because he wants the Governors Clerk working for him. When the Headmaster knew I knew this, he nearly fell of his chair. I am looking for another position and applying for anything and everything now so God willing, something will come up.Thank you again for all your help and advice.Mary x

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HiThanks for your reply, I sincerely appreciate. It isn't though the first time I have experienced harrassment at work, unfortunately I have been bullied for two years and was on the verge of taking my employers to a Tribunal. As things have continued and now this scenario has raised it's head, I wish I had.The previous Bursar helped in my previous meeting concerning the near taking to a tribunal, because before he left (he had nothing to lose) he told me that the Headmaster would do whatever it takes to get rid of me because he wants the Governors Clerk working for him. When the Headmaster knew I knew this, he nearly fell of his chair. I am looking for another position and applying for anything and everything now so God willing, something will come up.Thank you again for all your help and advice.Mary x

 

I am glad that you are looking for other jobs.

 

I am going to the Tribunal and it is costing me money I can ill afford.

 

Also it will take about another 5 months to get my case heard so my life is on hold. I would not really recommend Tribunal action over harassment to anyone but feel that I must fight back.

 

All 20 digits crossed (I have monkey feet anyway) that you wil find some enjoyable work soon.:-)

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  • 3 weeks later...

The [problem] by the trade unions will go on until people leave and then when they have no subs they will have to rethink how bad they treat people and change. Most Union staff wont get involved as they work together with the company and want to maintain that loyalty to represent others working there etc. I looked for help from my union UNISON been with them 5 years when I needed them over a matter they let me down badly I complained to Dave Prentis head guy and he did not care as they are not regulated and no one takes legal action against them because of costs.

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The [problem] by the trade unions will go on until people leave and then when they have no subs they will have to rethink how bad they treat people and change. Most Union staff wont get involved as they work together with the company and want to maintain that loyalty to represent others working there etc. I looked for help from my union UNISON been with them 5 years when I needed them over a matter they let me down badly I complained to Dave Prentis head guy and he did not care as they are not regulated and no one takes legal action against them because of costs.

 

I do not think they are all that reliant on subscriptions anymore Sarah. It has become a business and the union gets a percentage of all the insurance sold to members, a referral fee for all legal cases (employment civil and criminal) referred via the union (they offer legal referral for all members' family, so families of crims are well sorted) and gawd knows what else.

 

Nearly all the work involving members is done by volunteers or workplace reps so it is free labour. What a business!

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I do not think they are all that reliant on subscriptions anymore Sarah. It has become a business and the union gets a percentage of all the insurance sold to members, a referral fee for all legal cases (employment civil and criminal) referred via the union (they offer legal referral for all members' family, so families of crims are well sorted) and gawd knows what else.

 

Nearly all the work involving members is done by volunteers or workplace reps so it is free labour. What a business!

 

I makes a sham out of unions if they are making free labour do all the work when regional organisers earn 30,000 head people earn 100,000+. I read they make most money for personal injury claims referals not employment law as rep can go to tribunal. What I found stupid was that they only give you one option to follow if you dont take it they will not support you. One lady took her union to tribunal for this as they refused to support her when she resigned through very bad bullying and they told her keep working save her job. She won and I am very glad.

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unions at work are a waste of time as they are employed by your employer they will go through the motions but in the end they will side with your employer. to the poster can i ask you how will the Occupational Health doctor be able to distinguish between reactive stress and mental illness.

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unions at work are a waste of time as they are employed by your employer they will go through the motions but in the end they will side with your employer. to the poster can i ask you how will the Occupational Health doctor be able to distinguish between reactive stress and mental illness.

 

All unions are waste of time just look at the complaints on forums. They will side with your employer to protect other peoples jobs and theirs. southampton council has sacked all workers and give them new contracts to sign on lower wages or stay sacked with no money, the unions are lost as to what to do next!

 

The Occupational Health doctor is be able to distinguish between reactive stress and mental illness by questions and answers for your symptoms

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