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    • HP Mum
      my Leasehold/Freehold property and it's issues.

      By HP Mum · Posted

      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. 
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    • HP Mum
      my Leasehold/Freehold property and it's issues.

      By HP Mum · Posted

      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.  
    • HP Mum
      my Leasehold/Freehold property and it's issues.

      By HP Mum · Posted

      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? 
    • aesmith
      my Leasehold/Freehold property and it's issues.

      By aesmith · Posted

      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.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

cab driver kept sons jacket

Yasmin

By Yasmin
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Yasmin

Yasmin

Posted
Posted

My teenage son took a cab home in the early hours of Sunday morning, and told the driver he would have to come in to get the fare, which was 7-00.

Couldn't get an answer so went round the back. At this point the driver asked him for his jacket to hang onto for security. That's fair enough, but when he then went out to pay him, driver had gone.

 

He called the cab office next morning and the controller said she'd give him our 'phone no. and ask him to call, could be later as he is a night driver. Well nothing happened so called the company again and spoke to the Office Manager. She said that they do not usually get involved as the drivers are self employed! However thought it had been handled totally incorrectly, so said she would be in touch with driver and ask him to call to arrange something.

 

Finally he called, at 8 o'clock last night, was very argumentative and said that he was so angry he just put the jacket straight in the bin! He did tell the controller what had happened when he got back to the office, so I find it hard to believe that he would bin the jacket immediately. It was one month old and cost 45-00 new. His final words last night were, "it's up to you decide what you want to do, I'll call tomorrow morning"

 

He called this morning, and was argumentative again told me to go to the police if I wanted. I told him I was willing to deduct cab fare and wear and tear from the cost of the jacket, but he just said he'd call later. I said I was going to speak to the Office Manager. However how do I stand on this if the driver's are self employed? Surely some of the responsibility falls on the company . Can anyone advise me on this please, I am due to call them at 12-00.

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

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PKea

PKea

Posted
Posted
My teenage son took a cab home in the early hours of Sunday morning, and told the driver he would have to come in to get the fare, which was 7-00.

Couldn't get an answer so went round the back. At this point the driver asked him for his jacket to hang onto for security. That's fair enough, but when he then went out to pay him, driver had gone.

 

He called the cab office next morning and the controller said she'd give him our 'phone no. and ask him to call, could be later as he is a night driver. Well nothing happened so called the company again and spoke to the Office Manager. She said that they do not usually get involved as the drivers are self employed! However thought it had been handled totally incorrectly, so said she would be in touch with driver and ask him to call to arrange something.

 

Finally he called, at 8 o'clock last night, was very argumentative and said that he was so angry he just put the jacket straight in the bin! He did tell the controller what had happened when he got back to the office, so I find it hard to believe that he would bin the jacket immediately. It was one month old and cost 45-00 new. His final words last night were, "it's up to you decide what you want to do, I'll call tomorrow morning"

 

He called this morning, and was argumentative again told me to go to the police if I wanted. I told him I was willing to deduct cab fare and wear and tear from the cost of the jacket, but he just said he'd call later. I said I was going to speak to the Office Manager. However how do I stand on this if the driver's are self employed? Surely some of the responsibility falls on the company . Can anyone advise me on this please, I am due to call them at 12-00.

 

Personally, I would just contact the Police, as it is Theft.

Just let them know that, and ask for his details

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stripeuk

stripeuk

Posted
Posted

I would also ask the cab company for his licence plate number and report this incident to your local council who are responsible for issuing all hackney cab licences and let the driver know that you have his number and this is what you are going to do. Also, fair enought to deduct cab fare as your son was trying to pay anyway but I would not deduct wear and tear on a one month old jacket!

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Glenn UK

Glenn UK

Posted
Posted

when you deal with this issue if you should follow up any conversations in wiritng and make formal complaints in wiritng too.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

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GE Capital (Store Cards) ICO says theyve been naughty

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MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

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Yasmin

Yasmin

Posted
  • Author
Posted

Hi Guys,

Thanks for the advice, so far. Just called to speak to the Office Manager, supposed to be in at 12.00. Seems like a good job, she's out to lunch already! told me to call back in an hour. Hope I'm not being given the run around......

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Pliny the Penuriosus

Pliny the Penuriosus

Posted
Posted

You are. Self employed or not the cab company is still liable for the conduct of their driver.

 

As has already been suggested contact the police

  • Haha 1

READ THIS:

http://www.mirror.co.uk/news/topstories/tm_headline=stalked-by-my-bank%26method=full%26objectid=19168032%26siteid=89520-name_page.html

 

Nunquam Iterum

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PKea

PKea

Posted
Posted

As Glenn says, I would write to them, giving them 7 days to provide you with the Drivers Registration and taxi plate number.

Why not call your local Licensing office at the council and ask their advice as they can prosecute under certain offences,

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Volcano

Volcano

Posted
Posted

Taxi drivers can be refused a licence if they have a criminal record, which of course means he'll be out of a job. I think you've made a reasonable effort to contact the taxi firm, to no avail. The driver is being aggressive and unco-operative, now it's time to go to the police and report the theft.

 

When you have the driver's number, call the council and report the incident to them. If he has a history of this sort of behaviour then they need to know he's still doing it.

  • Haha 1

FD Telephone Monkey: "But we're only trying to help you Mr. Volcano"

 

LMFAO!!!!!

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Yasmin

Yasmin

Posted
  • Author
Posted

Just been in touch with Trading Standards, who advised me to call Consumer Direct first. As you say it is potential theft, and I will be reporting it. May give him until this evening , as he said he'd get back to me (may miraculously find the jacket....) As it is a mini cab company, cannot go down that route Pkea, unfortunately. Anyway the Office Manager couldn't be apologetic enough and has given me hiss call sign and full names and says she will , of course, supply further details to the police on request. Will let you know.....

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Yasmin

Yasmin

Posted
  • Author
Posted

changed my mind, reporting it now !!!

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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PKea

PKea

Posted
Posted
Just been in touch with Trading Standards, who advised me to call Consumer Direct first. As you say it is potential theft, and I will be reporting it. May give him until this evening , as he said he'd get back to me (may miraculously find the jacket....) As it is a mini cab company, cannot go down that route Pkea, unfortunately. Anyway the Office Manager couldn't be apologetic enough and has given me hiss call sign and full names and says she will , of course, supply further details to the police on request. Will let you know.....

 

Which route are you refering to?

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Yasmin

Yasmin

Posted
  • Author
Posted

I thought you were referring to hackney carriage license and plates. Can I report a mini cab driver, are they licensed by the council?? Just reported it to the police anyway. They are calling me back today or tomorrow.

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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PKea

PKea

Posted
Posted

Yep they are all licensed? just different types of licenses

Hackneys can pick up anywhere

Mini Cabs can only be booked through operator and csnnot pick up off the street

This is reflected in the cost of their plate, ie about 20 times for a hackney opposed to a mini cab.

 

I have worked with licenseing authorities on undercover stings against mini cabs picking up from streets.

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Yasmin

Yasmin

Posted
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Posted

Thanks for that . Do you think I should just stick with reporting it to the police at the moment and see how that progresses or phone the council anyway?:confused:

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Yasmin

Yasmin

Posted
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Posted

Thanks Pkea, have just reported it to Public Carriage Dept. Transport for London. Will be putting it in writing.

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Volcano

Volcano

Posted
Posted

Absolutely!

 

There is no 'potential' theft here, he took it without permission and despite you requesting it twice, has failed to return it. If your son took £45 from his taxi do you think he wouldn't report it to the police?

 

The police is definately your priority. Report the whole incident to the council licensing department once it's been resolved, they can't have dodgy characters picking up members of the public.

FD Telephone Monkey: "But we're only trying to help you Mr. Volcano"

 

LMFAO!!!!!

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Yasmin

Yasmin

Posted
  • Author
Posted

Well, guess what? It's apparently not a criminal matter. It was acknowledged that it is a gray area, however they are saying it's a civil matter. Wonder if he has done this before, as he didn't seem a bit bothered that I could report it!

 

Anyway the police still say report it to Transport for London, and just because they're not following it up, give them the crime no. and they may be able to do something about it.:rolleyes:

 

I just find this is outrageous , how can he get away with this? Even the cab company said "report it, it's theft"

 

Maybe they're too busy with OAP Asbo's ;)

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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dannygr27

dannygr27

Posted
Posted

Hi

my brothers a hackney driver but used to do private hire, he suggested that you contact the council licencing office with the name of the taxi firm and the taxi drivers association in writing and to inform the cab firm that you will be doing this, this may scare them into taking action against the driver as they could lose their operating licence

 

Sam

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Yasmin

Yasmin

Posted
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Posted

Just noticed, i've put this in the wrong forum! Thanks dannygr27 and all for your advice. I have today written to the Public Carriage Office, so hopefully they will investigate. Will keep you posted.

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Isiris

Isiris

Posted
Posted

Yasmin

 

It is theft. It is not a grey area. The police will automatically try and defer you to anyone else to try and defer the stat from them.

 

Insist you see a senior ploice officer. Wait if you have to. Insist he has someone investigate your report.

 

It is not rocket science for them, send a bobby round, he admits what he has done and he is arrested. Prosecuted and a compensation order made to your son for the replacement of the coat.

 

Irrelevant that he binned it. Like if you burgal someones house and get disturbed and only nick someones false teeth and then you bin them. You have still commited a crime

 

It bloody makes my blood boil

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Yasmin

Yasmin

Posted
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yep, I know what you're saying. I was really annoyed. She just told me that was the position, and they have hundreds of alleged crimes to investigate everyday! There was no use arguing because it had been clarified that it was a civil matter. I insisted and she referred it again, but still came back with, there is nothing we can do.

 

Think by the way the driver told me ,'go to the police', he has possibly been down this road before, and knows they will not follow it through.

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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PKea

PKea

Posted
Posted

I would call the police on their non emergency number and state 'I would like to report a theft' that way you will get through to the control room and bypass the civillian on the police station front desk. Also ask for the refernce/log number for your call.

(This is Based on GMP - Maybe different in London)

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