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    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I do see how we can move forward on that basis
    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
    • Late to this, sorry - my wife claims contributory ESA and got her P60 about two weeks ago. Now I know she's overpaid on her tax and I'm just waiting for HMRC (the department I currently work for) to figure it out. They owe her about £150.
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
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Council Billing Under Building Act Advice

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Hi All,

 

A while ago I have posted about the main cause of the issue -

We are 18 months on and he is still living with us and not back in his place, he is looking to be out by the end of April as originally we said it would only be a couple months whilst he got himself sorted out anyway this isn't really relevant to the question.

 

He has been billed around £26,000 from the council for works on the property and everything else involved ie putting up fencing, security, warning signage and a few more bits, how the bill was worked out was that the total cost for the various elements to make everything "safe" and divided by the 3 and a bill given to 23, 21 and 19 (19 was the only one insured, so I am assuming they are covering it.)

 

It was billed under section 78 of the building act due to it being unsafe and work needing to be done immediately deeming it not having to go before a magistrate under section 79 of the building act as the magistrate could have said it was up to the property owners to carry out the work (however I doubt they would of said that due to the state of the 3 properties.)

 

He is now arguing that the work wasn't carried out immediately and should have been billed under section 79, if he can get this confirmed anything that is billed under 78 will then become null and can't be charged, looking at Blackpool's website https://www.blackpool.gov.uk/Residents/Planning-environment-and-community/Building-control/Dangerous-structures.aspx, the term immediately isn't defined, from the explosion to a contractor employed by the council to start work on the site took about 3-4 months as they found it difficult to get a tender filled due to most applicants not having the appropriate insurance, however it was all fenced off during this period with their erected fencing and no public access was allowed.

 

Then another issue was the fact that during the time the council was looking after the property there was a number of break ins that resulting in stuff getting stolen (these have been reported to the police,) as well as when scaffolding was erected carpet was cut, floorboards damaged, fittings ripped off of wall and a few other cosmetic bits would any of this be recoverable under building act section 106 as it was under the councils care as he wasn't allowed access.

 

He doesn't have anyway to prove what was actually owned (apart from a couple motorbikes) as a lot of the items where old and he doesn't have invoices etc and he also had his whole house cleared out by a removal firm due to having to have all the electrics re-wired, but this was done once he had the keys for the house back and it was deemed safe.

 

Under section 80 there should have also been notices to demolish (Number 21) but neither 23,21 or 19 got this notice, does this have any bearing on paying the bill (https://www.blackpool.gov.uk/Residents/Planning-environment-and-community/Building-control/Demolition.aspx), this wasn't followed?

 

Having a google online there is only one similar situation but I am not sure it applies as this was based on lease hold where the property was managed by the council, https://hsfnotes.com/realestatedevelopment/2016/10/14/compensation-for-closure-of-a-dangerous-structure/

 

So I was just looking for some advise or insight from someone that have had dealing involving this before.

 

Regards

 

 

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Hi

 

I mentioned this on the last thread but is it worth looking at any crowdfunding/go fund me

 

I'm only mentioning it again as it is usually very very expensive to fight a council 


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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10 minutes ago, labrat said:

Hi

 

I mentioned this on the last thread but is it worth looking at any crowdfunding/go fund me

 

I'm only mentioning it again as it is usually very very expensive to fight a council 

 

Hey man,

 

I did mention this too him but I don't think he wants to have other people pay for his stupidity (no insurance)

 

If it really came to it he could just about afford the fees and renovations but it would wipe his saving to £0

 

Cheers

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He has now been to the magistrates courts for some legal help with the bill but they have said they couldn't advise and he would need to go to the council about it first. He is worried that they will be bias as they are the ones that gave him the bill, is there any independent party he could go too or would he need to find a lawyer that specializes in building regs etc ?

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