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    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
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Excessive solicitor fees !!! need help


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I wish I used this site before letting my solicitor think I had a case..... hes a break down on what has happen to me....

 

In 2003 I had just finished university and started a job, and my parents divorced and i was on my fathers side when all that was sorted he decided he wanted to live abroad so he went off to cyprus put tried to sell the house to me to raise aa much extra money has he could as he already had his mums will and auntie money, he got and extra £20000 on the house, but the problem was the financial advisor at the couldnt get me a sole mortgage as i didnt have enough wage slips so the solution was to put in my name and his name .... BIG MISTAKE and all over the years he always assured me the house was mine even told the whole family and friends etc and i believed him.

 

Then 10 years later he comes back into the UK lived at mine for 7 months, in those 7 months found out he had blown all his money in cyprus and has come back in financial trouble... so in the 7 months he had got himself on benefits and manged to get a council bungalow, I helped him move etc being a great son, then 2 weeks later I got a letter from his solicitor forcing the sale of the House was SO Shocked couldnt believe my eyes, I tried to be reasonable offered him £20000 which is all i could raise by remortgaging

 

So I went to citizen advise for legal info and they gave me a list of solicitors and I chose one that said I had a case as hes not paid a penny for 10 years toward mortgage and home improvements which totaled £70,000, in the previous years i had lodgers etc to help me with mortgage, anyway it went from solicitor to solicitor statement after statement i was paying for my solicitor and my dad was on legal aid, we went to a directional hearing and finally settled before it went to court (civil court) there was £100000 positive equity and we settled on £47000 with my fathers legal fees to be negotiated as it turns out his legal bill is a whooping £20000, I was gob smacked as mine was only £3600 how on earth that possible ???? I had to re mortgage to a buy to let to raise this £47000 by the way, really wanted to keep the house as i had done alot of work to make it my ideal home.

 

my solicitor who I can no longer afford as im a gardener and my summers savings that get me through the winter is all gone, has asked my fathers solicitor for a breakdown of costs and im inform they have employed a 3rd party to check the figure for a percentage fee which ive yet to recieve, want to get myself prepared as im a newbie and any help will be greatful

 

many thanks in advance

JP

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Hello and welcome to CAG.

 

I expect the forum guys will be along later with advice for you, please bear with us until they're able to get here.

X

My best, HB

 

Many thanks HB

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  • 1 month later...

Urgent Help needed I settle a claim out of court regarding a dispute about a property, as im aware usually if you settle your liable to the costs my total legal fees where £3500 me thinking the claimants would be similar ish turns out to be £20000 after doing some reasearch on the forum I asked for a breakdown in costs and got an e mail today and its now £22095.53 , I wrote to claimants solicitor asking them to be fair and the fact the claimant did alot to progress the case on the 14th October 2013, I have till 13/12/2013 to reply, Im penniless now Ive re mortgaged to pay claiment £47,000 the max i could get was £50000 so the surplus of £3000 was to pay claimants solicitor Ive filled in and income/expenditure form and I only have £150 a month to spare and I havent included my food in that, can someone advice on what I need to do as I can prove im skint and aint got the money anymore to hire a solicitor only thing ive got is as ive had to re mortgage as buy to let as my wages where nt good enough to raise the funds Ive got £60,000 positive equity in the house, if anyone interesting in helping i can send the rest of the bill of costs its 33 pages by private message, if anyone can please help i will be very greatful

 

million thanks in advance

 

John

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Urgent Help needed I settle a claim out of court regarding a dispute about a property, as im aware usually if you settle your liable to the costs my total legal fees where £3500 me thinking the claimants would be similar ish turns out to be £20000 after doing some reasearch on the forum I asked for a breakdown in costs and got an e mail today and its now £22095.53 , I wrote to claimants solicitor asking them to be fair and the fact the claimant did alot to progress the case on the 14th October 2013, I have till 13/12/2013 to reply, Im penniless now Ive re mortgaged to pay claiment £47,000 the max i could get was £50000 so the surplus of £3000 was to pay claimants solicitor Ive filled in and income/expenditure form and I only have £150 a month to spare and I havent included my food in that, can someone advice on what I need to do as I can prove im skint and aint got the money anymore to hire a solicitor only thing ive got is as ive had to re mortgageicon as buy to let as my wages where nt good enough to raise the funds Ive got £60,000 positive equity in the house, if anyone interesting in helping i can send the rest of the bill of costs its 33 pages by private message, if anyone can please help i will be very greatful

 

million thanks in advance

 

John

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