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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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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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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British Gas - Ignoring their own policy


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6 weeks ago I asked BG to install 4 radiators which I bought in Wickes. They said an engineer would first have to come out and assess the work and give me a quotation. A week later the engineer came out and I showed him where the existing pipework was and he said it was a quite straightforward job and the workman should carry it out in 3 hours and the cost would be £285.00. I asked him if this was an estimated figure and he said no, the price is £285.00 and that what BG stick to as he has assessed the work. The only other remark he made was that the piping was not the standard 15mm but as it's a 1930's house, the piping is a micro bore 10mm but the workman should have no problem in fitting the radiators. He also said that they weren't too busy, so it could be done in a couple of weeks. However when I rang back to accept the quote, I was given a 5 week wait because they only had 1 engineer to fit radiators! In the meantime I went back to Wickes and bought 4 10mm universal push on radiator valves.

 

The engineer came out today and the first thing I showed him were the valves. He looked at them and said he didn't know what they were but they were the wrong ones, so I told him I would get the right ones in 15 minutes, so he showed me on the Wickes catalogue which ones I would need. I told him Wickes were near me so I would be back in 15 minutes. He said don't worry, he would go home in the meantime and come back by the time I returned. I came back in 15 minutes and he arrived back 10 minutes later! He started fitting the first radiator then messed about with the valves the said he couldn't fit it because it was still the wrong size. He then rang his office and they told me because of the problem with the pipework they would have to re-quote but it would be most likely a 5 hour job, not as previously quoted!

 

I told them about their policy of sticking to a quote and their reply was that after looking at the job more closely, they can no longer apply the original quote.

 

What do I do now?

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6 weeks ago I asked BG to install 4 radiators which I bought in Wickes. They said an engineer would first have to come out and assess the work and give me a quotation. A week later the engineer came out and I showed him where the existing pipework was and he said it was a quite straightforward job and the workman should carry it out in 3 hours and the cost would be £285.00. I asked him if this was an estimated figure and he said no, the price is £285.00 and that what BG stick to as he has assessed the work. The only other remark he made was that the piping was not the standard 15mm but as it's a 1930's house, the piping is a micro bore 10mm but the workman should have no problem in fitting the radiators. He also said that they weren't too busy, so it could be done in a couple of weeks. However when I rang back to accept the quote, I was given a 5 week wait because they only had 1 engineer to fit radiators! In the meantime I went back to Wickes and bought 4 10mm universal push on radiator valves.

 

The engineer came out today and the first thing I showed him were the valves. He looked at them and said he didn't know what they were but they were the wrong ones, so I told him I would get the right ones in 15 minutes, so he showed me on the Wickes catalogue which ones I would need. I told him Wickes were near me so I would be back in 15 minutes. He said don't worry, he would go home in the meantime and come back by the time I returned. I came back in 15 minutes and he arrived back 10 minutes later! He started fitting the first radiator then messed about with the valves the said he couldn't fit it because it was still the wrong size. He then rang his office and they told me because of the problem with the pipework they would have to re-quote but it would be most likely a 5 hour job, not as previously quoted!

 

I told them about their policy of sticking to a quote and their reply was that after looking at the job more closely, they can no longer apply the original quote.

 

What do I do now?

 

first question is why on earth would you use British gas!!!!

 

Use a local plumber....

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Unfortunately it's not as simple as that. I had another BG engineer round today who looked at the pipes and found that they are neither 8mm or 10mm but somewhere in between. So his solution was to get an end feed soldered 8mm to 15mm reducer and then file down my pipes so that the reducer fits. As I said previously, although I had an engineer come out to estimate the job, what they are saying now is because it's not a straight forward job, the quote they gave me before is now cancelled and they will only do the job if they re-quote, which may be well in excess of their original quote.

 

The question I am asking is, since I already had a quote from them, am I in my rights to hold them to their original quote as per their policy?

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