GREENBELT GROUP - they got decree

[Positive1]

http://www.consumeractiongroup.co.uk/forum/showthread.php?464034-Court-summons-from-GREENBELT-GROUP-ADVICE-**Discharged-for-£400-from-£2k**

 

 

Same kind of situation.

not paid 9 years greenbelt didnt do the work

bad areas in street with very poor maintenance.

 

BUT,

 

other half filled in court summons to make payments,

she didn't contest. ,

this was around 4 weeks ago

 

so they have won decree at £2500,

granted

 

4 days ago got a letter saying as the won decree if we dont pay they will send sherrif officers.

 

how can we contest decree after they win decree,

as 50% of the debt is statute barred?

 

was take to court by GREENBELT GROUP ADVICE they got decree.

 

not paid them for around 9 years no contact,

in the last 5 years when they made contact they point blank refused

all payment terms and demanded full amount .

 

level of service was so poor

missing fence

sand hedging.

patches of land that are meant to be grass simply large areas of mud,

 

In November other half gets citations in her name

she doesn't tell me

she fills it in with offer of payment,

total was around £2300,

we are in a difficult financial situation at the moment.

 

As she made offer of payment

they win decree for £2300.

 

the issue i have is half of that debt is statute barred.

im in talks with greenbelt now,

 

if they dont help,

my plan is to take the story to the press and bbc watchdog monthly.

 

They knowingly took statute barred debt to court.

 

SO far, I have contacted :

 

Laura Sangster Para Legal for Greenbelt

Laura Sangster

Paralegal

Greenbelt Group Ltd

DL: 0141 948 1249

 

She was really smug, comments along the line we have WON decree etc.

so you will need to pay full amount even though I explained its statute barred.

 

Alex Middleton CEO

 

man of few words

sent several emails,

either he will ignore

or say "thanks" with no other words.

 

anyone know how i can amend judgement

cant afford a lawyer sadly,

but at worst will plead with BBC watchdog to help.

[dx100uk]

ring the clerk of the sheriffs court and ask how i can amend the judgement

 

 

not sure if some being SB'd might work mind

re that other thread and its links.

 

 

but you might be able to mitigate the sum by providing proof by photographs of poor performance..

http://www.spanglefish.com/WestMyertonResidents/

[Positive1]

to be honest I have,

 

 

Greenbelt are taking the line we have WON at court

which to me is silly its just by default they didnt do anything to make them proud.

 

"tried to post image of issues dont have 10 posts yet "

 

sent several images were they are failing and its been over many years,

 

also spoke to a solicitor last week,

 

 

Greenbelt in Every scheme can simply be sacked,

they work for the house holders,

 

maybe when I go to watchdog they will explain it better than me

[dx100uk]

you don't need 10 posts

follow the upload guide

[Positive1]

Just got latest bill from Green Belt group today , for the above type of service,

 

1st Dec 16 - 30 Nov 17 - £270.59

 

I guess they want me to pay to look at mud patches

 

 

I do have a secondary issue,

 

an area of land they say they own but dont service, but say we

are not charged, but I have to hire gardeners as there growth comes into our garden every year.

 

They denied ownership of the land in 2006, and again in 2016, until local council said Green belt group owned it,

the it changed to we own, but dont service, Im actually starting a claim against them for that.

Edited December 20, 2016 by Positive1

[Positive1]

Update,

 

"ring the clerk of the sheriffs court and ask how i can amend the judgement"

 

I had went to the sheriff court last week in person to ask to raise a minute to recall.

the lady comes back 30 minutes later and says you "cant do it,

as you submitted payment terms and admitted the debt"

 

not to be put off

I call them again today,

and sadly got the same lady

and she saying "we cant offer any legal advice"

 

not to be put off I call back again.,

I call back get a different lady,

I tell her in England they have form N244 to appeal case,

I ask can you tell me form names for Scotland,

she says "yes forms 20 and 20a,

If you want to come in I can go over them with you"

 

Its now 17:13,

all forms done Greenbelt soilcitors have been served , we are in court January,

 

I will need to attend myself any advice welcome haha,

 

happy to update with results no matter the outcome in a hope it helps others.

[dx100uk]

hey good move.

 

 

don't limit yourself to photos of just one area

find out the extent of all the land concerning them and your property

that they are supposed to manage

and find fault.

[Positive1]

hey good move.

 

 

don't limit yourself to photos of just one area

find out the extent of all the land concerning them and your property

that they are supposed to manage

and find fault.

 

 

Thanks I will do, Ive got a land map of areas they maintain, then I also managed to get a land map of both areas they maintain and areas they own and don't maintain from my local

council,

 

Also sent another letter "Letter before small claims Action" giving them 28 days, then Im taking them to court, for the land they own but don't maintain , thats

damaging/causing issues with my property.

 

Will get as many areas of poor maintenance I can.

 

 

Do you think its worth bringing up the land they own but are not maintaining in this case?

Edited December 20, 2016 by Positive1

[Jonnybuddy]

Will be suprised if the case goes ahead in January,my case has been adjourned twice.

Now meant to go ahead in around 3 months.

 

Just realised in will just be a prelimary hearing anyway,after that you could get this dragging on a while.

Edited December 20, 2016 by Jonnybuddy
extra info

[Positive1]

Before I raised action today, ive had various contact from green belt. I just got this letter today..

 

I almost fell of my chair laughing, when I read para about area behind my house aka "species choice" lol weeds

you cant make that up hahahaha. "It has established well and is serving its purpose" 12 year old weeds 15-20 feet high, hahaha

 

also looks like they threat if i seek to send word to media.

 

"I write in response to you and your wife’s recent contact, by email and phone to myself, our Billing Manager and our Managing Director.

 

Piecing the various contacts from you both together, I understand that the matter of the outstanding debt was not highlighted to you immediately by the property owner, thus there could be some confusion on your part as to the matter we are pursuing.

 

It has always been made clear to the property owner, by bills and letters and charges of the responsibility for the routine maintenance, regardless of such, the debt has been allowed to accumulate over time from 2006.

 

As notified and in conversation, you are aware that there are three separate matters here and I think it is crucial to be able to differentiate between them all, given the tone of your communication with our Managing Director and Billing Manager whereby you note you will proceed to media exposure with regard to some of the areas in question. To be clear here and for the avoidance of doubt; you are referring to three separate areas all managed and maintained by three separate companies. You refer to:

 

1. Areas in which are charged to residents and the property owner – directly related to the court action. These areas ARE owned and managed by Greenbelt Group Ltd.

2. Areas which are being maintained but are not being charged to residents – not relating to the court action. These areas are owned and managed by Greenbelt Energy Ltd and have nothing to do with the home owner’s bill.

3. Areas which are maintained by Council and are NOT anything to do with either Greenbelt Group Ltd or Greenbelt Energy Ltd and are not charged by either company to the homeowners on your development.

 

You need to be very clear about these areas if you are approaching any media outlet with regard to them as Greenbelt will seek to defend ourselves vigorously with regard to any inaccuracies in detail either by yourselves or any reporting body.

 

You called and spoke to various members of our team and also sent a variety of emails/pieces of correspondence to members of staff, at different times of the day and night, asking them for clarification of the areas involved in the routine maintenance and threatening to visit media outlets, if the information was not forthcoming within unrealistic timescales. Not to mention, the very unhelpful comments included within your correspondence. Since then, our Regional Operations Manager has visited and annotated a site plan, taken pictures and supplied the ‘xxxxx Adoption Plan’ to make our position clear to you.

 

Please see Mr Park’s response below from the visit yesterday 19.12.2016, and is an extract from his report which relates to your comments and various images sent to our Managing Director, Billing Manager and Mail Room.

 

 

“ The gap in the fence and the missing shrub/tree planting to the Western culdesac

 

This area is the responsibility of xxxxx Council. As clearly be seen from the 1264 Customer Care response Plan, past the small double parking bay it is not in Greenbelt Group Limited’s title. Also on the xxxxxx adoption plan, it is clearly shown as the responsibility of xxxxxxx Council.

 

The frontage gap in the Beech hedging and the broken angle iron fence

 

Again, this is the responsibility of xxxxx Council who have always maintained both. This can clearly be seen on BOTH plans attached.

 

Regarding the woodland strip. The species choice, type and location was decided by the Developers Landscape Architects at the Planning stage. It has established well and is serving its purpose. (Photo 008). Residents DO NOT CONTRIBUTE to this area as can be seen on the 1264 CC response Plan. This is because this area is not owned/managed by Greenbelt Group Ltd; it is owned and managed under a completely different regime by Greenbelt Energy Ltd. It is growing well and you are entitled to prune back any overhangs to the fence vertical if you so wish; as is the law in Scotland, provided the main plant is not damaged or made dangerous in the process. Any arisings from pruning back to your own title boundary can be returned to the owner by leaving on their side of the boundary. In effect Greenbelt Energy Ltd is a neighbour to the adjacent houses here.

 

The dark green areas noted on the 1264 CC Response Plan are the areas that the residents contribute to. They are, and always have been managed to a high standard. (Dated digital quality photos 012/013/015/016 attached “

 

As noted above and is possibly adding to your uncertainty of the areas that are managed by Greenbelt Group Ltd and for which the householder is charged, there are also other areas, such as the service strip hedges you refer to and infrastructure planting, surrounding your development that are maintained by xxxxxx Council. There is a planted way leave area adjacent to your home, not highlighted green on the plan that the householder received in relation to their bill and not charged to The xxxxx residents. This is because it is owned and managed by Greenbelt Energy Limited, as noted above, under a completely separate management regime. Finally, there are also some private areas, owned by others, again that the homeowner is not charged for.

 

I am sure that my information here and Mr Park’s comments, plans and pictures will finally clarify points 1-3 above and answer all questions from yourself and the homeowner, including a letter received here this morning (a copy of a previous email), and the responsibilities of all parties in relation to the management and maintenance of the public open spaces surrounding your home at xxxxxx.

 

I will not be discussing any matter in relation to any other resident or development within this correspondence.

 

To finalise our position, I hope you will read over this information carefully before you decide pursuing any further action as noted within correspondence from both you and the householder, however I am more than happy to clarify on the phone or via email any outstanding questions you may have.

 

Regards

 

Chris McLellan

 

Senior Customer Care Officer

Greenbelt Group Ltd

McCafferty House

99 Firhill Road

Glasgow

G20 7BE

0800 028 1749 (options 1,2)"

Edited December 21, 2016 by Positive1

[stu007]

Greenbelt Group Limited (have a good read especially the mutual companies)

Endole link: https://www.endole.co.uk/company/SC192378/greenbelt-group-limited

 

The above is Owned By Greenbelt Holdings Limited (have a good read especially the mutual companies)

Endole link: https://www.endole.co.uk/company/SC273733/greenbelt-holdings-limited

 

Mmmmm McCafferty House, Firhill interesting

 

Almost forgot this link: http://www.gov.scot/Publications/2009/01/23142152/6

Edited December 21, 2016 by stu007

[dx100uk]

oh dear....

 

I really wonder what handkerchief size piece of land they really do own

 

and how much money they collectively charge all the residents in total for managing [or not] it...?

 

£5kPA per sq ft??

 

dx

[Positive1]

Our today, found another 4 areas in poor maintenance, got plenty of photos for court next week, will update result then good or bad.

 

happy new year guys.

[dx100uk]

Good lu k

[Positive1]

Good lu k

 

Thank you, happy new year

[dx100uk]

[Positive1]

Update,

 

Court today, lawyers for green belt didn't show,

 

Judge pulls out a letter from green ask me if id seen it before I say no, get told have a read and will call me back up.

 

they made an application to the court, that they didn't agree i should be allowed to have a minute recall,

I stressed to the judge, they were just taking advantage of me as I don't have any legal representation .

 

The Judge went on to say they tend to agree with what they said, again I stressed, they are in breach of contract for poor performance.

I have photo's to back it all up

 

But, judge then said the best I can do for you is look over the original case document and recall, case again, in 8 weeks,

 

Not gonna be easy,

 

In the mean time, Im going to try get as much info as I can and get it sent to bbcwatchdog,

 

After calling a ton of solicitors for free advice, got one who help a little and disliked greenbelt just as much,

he said legally home owners can just sack greenbelt if they all just get together.

 

I did say to the judge, can I ask you a question, they said yes, haha, I said is it legal for lawyers to knowingly take statute barred debt to court, Judge "im not here to offer you legal advice" haha

 

My plan is to plead with watchdog, to educate to this fact, in the hope, estate under this crowd, can get them sacked one estate at a time.

 

Im also going to try as many news papers as possible, also even local ones who have a greenbelt estate,

 

Note to self, Never ever ever GIVE UP!

Edited January 6, 2017 by dx100uk

[Positive1]

Next step,

 

make a complaint against BTO Solicitors acting fro greenbelt,

 

I my mind they knowingly took statute barred debt to court.

 

I will go through the motions stated here:

 

http://www.lawscot.org.uk/for-the-public/what-the-society-can-do-for-you/making-a-complaint-against-a-solicitor/

[BazzaS]

Are you claiming Greenbelt (as in at least one of its companies), and / or the solicitors knew it was SB'd?.

 

Did the court papers mention the details of the dates (where the solicitors will find it hard to state they weren't aware of the possibility of the SB), or

 

could the solicitors claim "our client told us to claim for " amount, due on date, only", where the solicitors would then no doubt claim innocence of knowing that some of the claim was SB'd!

[Pinkjellybaby]

What kind of debt is this?

I'm curious as had a similar issue with a bill I hadn't paid for 7 years.

 

 

I contested it as statute barred

but my solicitor (family friend) explained that because it's an ongoing bill, they bill me every year for factoring fees connected to my flat for roof repairs and cleaning the close etc.

 

 

as it's an "ongoing account" there isn't a time limit.

If it's a one off bill that's a dif story apparently.

can't remember the law she quoted but I can find out.

[dx100uk]

if you read the thread you'll see its for service charges

[Pinkjellybaby]

if you read the thread you'll see its for service charges

 

Is that the same as a factor?

[dx100uk]

sounds like it to me.

 

 

though this lot don't actually appear to really do anything by reading around the internet forums.

just fleece people out of money.

 

 

might be best to start a new thread of your own if you have issues with them too.

[Pinkjellybaby]

Was just wondering when the statue barred debt was mentioned.

 

 

As I said I contested it on those grounds as well but was told as it's an ongoing account

e.g. I get a bill every year there theres is no time limit and they can claim all of what I didn't pay.

[Positive1]

In original summons, it gives dates as far back as 2005.

 

https://i.imgsafe.org/0ed87032ca.png