Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Plusnet - a tale of woes


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3189 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Need some advice so any input appreciated.

 

Moved to Plusnet - both phone line and broadband on the understanding the transfer from my previous ISP would be simultaneous. Didn't happen that way.

 

A router was meant to be despatched but never arrived. I made a phone call to discover it hadn't been despatched - so that eventually arrived late.

 

Received an e-mail from Plusnet advising that the phone was active on the 3rd July and ADSL would follow later in the day. They were apologetic in their mail and advised a small credit (for the phone) would be applied. Not much use to me as I only use that line for ADSL.

 

The ADSL was not enabled and for the rest of the day I had to hook up my smartphone to get on-line which is a bit hit and miss where I live. So on a couple of occasions, I had to visit town to get a decent signal to download a couple of important documents.

 

Next day, 4th July still no ADSL. Got hold of someone at Plusnet who stated it was the fault of Openreach. They pushed a button or whatever and hey presto, suddenly ADSL arrives. So was it really the fault of Openreach.

 

Elected to go with Fibre and received confirmation from Plusnet on the 18th July that this would be enabled on the 3rd August (tomorrow). If there were any problems then they would contact me within 7 days. Received a subsequent e-mail on the 30th July that my fibre was now going to be on the 6th, 7th or 10th August and a router would be despatched which I never ordered. I telephoned Plusnet to complain an was told it was the fault of Openreach - they had cancelled the appointment.

 

Posted my displeasure on the Plusnet forum on the 30th July and at long last a representative of Plusnet admitted they had dropped the ball on this and no one had picked up the error. Also confirmed by them I would receive an e-mail and text on the 30th or the 31st July of the exact date. I simply cannot condone deliberate lies especially when a finger is pointed at another organisation who are totally innocent. Whatever my thoughts about Openreach may be they were the innocent party that were being accused.

 

Nothing received so I managed to speak with Plusnet via their live chat this morning to be informed that fibre will now be enabled on the 11th August. No mention about any of the previous dates - these have now been lost. Complained that I had not received any communication to this effect - more apologies as I should have received notification.

 

So where do I stand on this guys/gals. I feel like breaking the contract and walking away. Sure they will charge me for the remainder of the contract but I suppose I could always try and reclaim that in the small claims court. For a telecoms company they certainly fail when it comes to communicating.

 

All of the Plusnet e-mails - all two of them - mention that if I break the date when Openreach are due to call then I will be charged.

 

Apologies for the long post but really my whole experience in the short time I have been with Plusnet has been nothing short of a fiasco.

 

Any input appreciated.

Link to post
Share on other sites

Hi and welcome to CAG.

 

I am with Plusnet as well but I had no problems.

 

My daughter however was different. She wanted fibre as well and that was screwed up; not by Plusnet but by BT Openreach. Nearly all telecoms companies rely on BT to get the system working and if Openreach screw up, it follows on that your service will be affected. This doesn't let Plusnet off the hook either.

 

While it is inconvenient for you at the moment, once everything is sorted it should be fine. The forum has been your best choice so far however, if you wish to take this further, why not send an email to the boss

 

[email protected]

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Thanks for responding silverfox. The problem I have is the original insistence by a Plusnet employee that it was totally the fault of Openreach and that the original date of the 3rd August had been aborted even though the notification of same was outside of their 7 days to do so. It was only when I was about the make a formal complaint to Openreach that a Plusnet employee admitted that it was Plusnet that had dropped the ball. So why bring Plusnet into disrepute - it leaves a sour taste in the mouth.

 

Further dates given with an assurance that within 48 hours one of these would be confirmed. No correspondence. It was only today via live chat that I found out that those dates no longer applied and another date had been assigned but absolutely no correspondence from Plusnet to advise me of this new date.

 

I am aware that I have signed up for a 12 month ADSL contract in early July but feel that after the service received to date then I am within my rights to cancel and move on. Once I accept the fibre service then that automatically triggers a new 12 month contract and by doing so it could be deemed of my acceptance of the past service given by Plusnet.

 

My inclination at this stage is simply cancel, allow Plusnet to collect the remaining 11 months of the existing contract via DD, request a refund which probably won't be forthcoming and then issue a claim via the small claims court and present all the facts in my possession.

 

Alternatively and this is all I can think of at the moment is to issue a formal letter insisting that unless the latest installation date of the 11th August is adhered to then the contract will be deemed null and void. Not sure how to word that though in legal terms.

 

Sorry to rant on but it's how I feel at the moment when I could have been just hanging around next week is simply an implication on the part of Plusnet that my time is not important and I have nothing better to do.

 

Again, thanks for your input.

Link to post
Share on other sites

Okay, e-mailed the boss with my tales of woe and supporting documentation.

 

I'll report back should there be any further progress. If the 11th August date is missed then I'll terminate the contract and go with another ISP - probably the one I left in the first place. I'll pay Plusnet for the contract so I keep my credit rating intact, then request a refund which probably won't be forthcoming, then issue proceedings in the small claims court plus associated costs that I've incurred.

 

We will see.

Link to post
Share on other sites

Hi there,

 

I'm really sorry to hear of the poor start to your service. I *think* that I've located your account based on the email to our CEO and I can see that it's been assigned to a member of our HLE complaints department to investigate. I sincerely hope that we can get this sorted out asap for you.

Link to post
Share on other sites

Wasn't aware that PN visited these parts and yes I did make contact with your CEO as clearly enough is enough.

 

I've already spent enough time on this and have re-jigged the diary goodness knows how many times. What it really comes down to is a lack of communication from what is in essence a communications company.

 

As I have been given the 11th as a firm date then in the hopefully unlikely event that this turns out to be a third time cancellation then I will unfortunately call it a day with PN.

 

This is not an action I will be taking lightly but I think if you read all the notes that must have accumulated with yourselves then you may be inclined to agree that I have no alternative. All very sad as I had read mixed reports about PN - I was hoping that I would get the good side when I migrated.

Link to post
Share on other sites

Just a heads up. I have contacted the rep as they are not posting as a company rep (as yet) Hopefully they will contact us so that they will be allowed to post. This is not a detriment but we have to make sure they are who they say they are.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...