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    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • 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.

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Months Of DIY Work Destroyed In 2 Days...


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I work full time and most of my days off over the past couple of years have been spent ripping out old fibreboard ceilings, replacing them with plasterboard and a full remodelling of the wall layout to the ground floor of our house (I am a former qualified carpenter and joiner). The work has also included battening and boarding existing walls to straighten everything up. Up until Sunday 18th February 2024 we had plaster boarded walls and ceilings which were plumb, level and straight. Many photos of this were taken throughout the build to document the work before the plastering started.

The following day, Monday 19th February 2024 a locally recommended crew of plasterers came in, and in two days they have destroyed the lot.

1. They have plastered right down to the floor, leaving bell casts at the base of every wall making it impossible for me to fit skirting boards.
2. Every internal corner curves into itself, is 'wavy', and is no longer vertical.
3. There is not a single flat wall. All are concave, convex, and full of lumps, holes and scrapes.
4. They plastered inside the double-sided chimney (over my cement board) with what they claimed to be a fire-resistant plaster but turned out to be rated to withstand only 49 degrees (!) It also bubbled and cracked on the same day it was applied.
5. The external corners going into door linings are not square. Window reveals are not vertical and differ massively in thickness.
6. They plastered up to and around sockets, rather than removing them. All sockets are now bowed out from the walls.

I had to take the morning off work to confront them about the appalling quality of work when they turned up on day three. I went around with a square, level and straight edge and I explained that they have not reasonably given me anything to work with. A bit of filling and sanding is understandable, but it is all so far out of tolerance that to attempt a better skim over the top would throw the walls out even more. For example, the NHBC tolerance for internal corners is stated as +/- 10mm over 500mm. When I eventually found a bit of a corner not full of snots and curves I measured 15mm at best.

I politely asked them to leave and not return. After minimal protestation, and offering no solution to rectify the work, they collected their tools and left (leaving all their rubbish).

I am absolutely devastated and angry at all the time and effort lost and the money I’d thrown into it all.

A couple of days ago a second plasterer came to our house to look at look at the awful state of the work with which we’ve been left. He too was horrified and confirmed that the tolerances were far from an acceptable standard and that the original plasterers had cut corners by applying one thick skim, rather than two. He has offered some ideas of how the work may be rectified, but it is going to mean I must now rip out several window reveals and reboard them, move door frames and chip out and scrape many of the internal corners to accommodate a second skim.

In the last couple of days, the beading on several external corners has blown away from the walls too, leaving large vertical cracks everywhere.

We have photographically documented everything, before and after.

Unbelievably, today we had a bill sent from the original 'plasterer' for this nightmare.

£880.00 for labour
£285.44 for materials

Any ideas where to go from here?
 

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What is the name of the firm that you have been dealing with?

You should obtain quotations from independent firms for undoing the shoddy work which has been carried on your property in order to return it to the state that it was in before that work was undertaken.
The work involved might be substantial – but that is not important. The important thing is that it is done to a proper standard so that you are in a position where you can start again and instruct a firm in which you have confidence.

Once you have comparative quotations, you will send them to the firm that has carried out the poor quality work and warn them that if they do not reimburse you for the cost of the work on the basis of the cheaper of the two quotations that you will sue them.

The remedial work will have to be carried out and you will eventually have to present them with a bill for payment. If they won't pay then you have to produce the bill in court.

What is the name of the firm you are dealing with?

 

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Hi BankFodder, thanks for the reply.

The firm was T B Plastering & Decorating in Callington, Cornwall.  They have a facebook page which I can't link.

We have already sought the advice of a second plasterer.

He has seen the work, confirmed its way out of any NHBC tolerance and well below the standard of any professional plasterer.

We are currently awaiting his quote to remedy the awful quality work, but he has said it will definitely involve ripping out and re-boarding two entire window reveals, moving two door frames outwards, possibly new fire-rated cement boards in the fireplace if I cant chip off the non-compliant rubbish which was put on there, and knocking off several blown corners and bodged internal corners.

He also confirmed that the whole lot was plastered in one thick coat, rather than two thin skims as normal.

This means that as it continues to dry, more cracks will appear as the outer face dries faster than the inner face. Indeed, cracks are still appearing one week on.

When I confronted the original plasterer, I gave him several opportunities to get the work sorted, but he just stood there looking shocked saying "What do you want me to do?"  When I replied "I'm not a plasterer, what do you think you can you do?", he just repeated over and over "It's within tolerance, what do you want me to do?"

It was clearly going nowhere, so at that point I invited him and his labourer to leave.

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Thank you for the summary you have given.

I think you will need to commission a fully detailed point by point report which identifies the issues, the cause of the issues and then separately a quotation for resolving them.

I think you need two quotations – comparative.

Do you know the name of the person who owns TB plastering? Do you know their address? Do you know they have any assets?

It sounds to me as if it's going to be quite an expensive job. On the basis of what you say, if you bring a legal action then you will have no difficulty getting a judgement in your favour the problem will be enforcing the judgement.

What address do they use on their bill? You need to have a look at the land registry web check service for about three quid check to see who the owner of a particular property is.

Of course you could simply wait until they decide to sue you and then bring a counterclaim but there is a big chance that they won't bother to sue and so it may be down to you to take your own action to undo the mess they have made.

Come back here when you have found this out

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T B Plastering & Decorating in Callington, Cornwall - Facebook link:

 

TINYURL.COM

T B Plastering and Decorating, Callington, Cornwall. 147 likes · 1 talking about this. We offer a full range of plastering and rendering services. We also have a depth of experience in al

 

When you do a Google Maps Search of the Address: 26 Inney Close, Callington, United Kingdom (note the Builder Van in the right corner):

 

WWW.GOOGLE.COM

Find local businesses, view maps and get driving directions in Google Maps.

Can't find any trace of them on Companies House so they may be Self Employed

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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@BankFodder Thank you for the further advice, and I will certainly keep this thread updated as it progresses, especially to help others who may have the same problem in the future!

 

@stu007 Yes, that's them and thanks for your help.

Completely off topic, but good to see a fellow tankie on here. I see you were 4th; I was JLR, 3rd and then 2nd. Stay well and Fear Naught!

Thanks chaps.

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