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akirakun

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  1. An odd one perhaps: We have a flat and also own the freehold of the property (with the other leaseholders). For some time we have been trying to develop the site and have now got agreement from all the leaseholders to proceed. Our Freeholding Company has prepared a joint agreement proposal prior to planning approval to tie everyone in and part of this is a requirement for the leaseholders to obtain all necessary permissions from their mortgagees. This is the relevant clause: The Lessees agree to the entry of a Restriction in the Proprietorship Register of their title in standard form M set out below: “No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a certificate signed by the proprietor for the time being of the estate registered under title number 130150 or their conveyancer that the provisions of clause 8.3 of the agreement dated [ ] have been complied with.” It seems to me that development of the airspace over the properties is outside the remit/interest of the mortgagees but we will have to vacate the premises for 12 months while the build goes on. I am loathe to speak to Lloyds about this as I fear they may make our lives difficult. Can anyone offer any advice as to how we should proceed?
  2. No, I didn't appeal or write.. stupid, I know but I was fairly sure that Bank Holidays were exempt... Are you sure they're not? I've never seen a Bank Holidays specifically included or excluded and I've used bus lanes with impunity on a bank holiday
  3. I suspect I'm too late but I received a ticket on Aug 31st last year (bank holiday) for parking on a single yellow line. I argued with the parking attendant that a) it was Bank Ho9liday = Sunday therefore there was no restriction but he ignored me. I took photos of the nearby road signs which backed up my case (no special restrictions) and then forgot about it. Now I've received a Notice of Execution from Bailiffs for £168.16 - can I still appeal this or am I too late - I* know that trying to talk to the bailiffs is pointless... Any advice will be greatly appreciated.
  4. I had a visit from the bailiffs today demanding £450 odd for an unpaid ticket issued in December 2007. They had clamped the car and were going to remove it if I didn't pay there and then. Checking up I find that my wife paid the ticket in July last year and I was able to produce a receipt. Merton Bailiffs say that because the bailiffs warrant had been issued already and that my wife paid Merton directly rather than the bailiffs it meant the payment hadn't been recognised. Consequently there was an outstanding fee of £11.20. When I offered to pay this (no answer as to why we hadn't been advised of this sum) they said it was in the hands of recovery agents. They have now phoned back and say that instead of the £450 they will drop the clamping fee but the call out etc still stands so that will be £241 please.... for £11.20. I tried to argue that any letter they sent (we haven't actually received anything from them) would have been in error as the fine had been paid. They say 'tough luck' pay up or we will re-attend tomorrow morning and the charges will go up again.... I have until tomorrow morning to deal with this ....HELP!
  5. I was given a parking ticket which I know to be invalid (my vehicle was not on the highway at the time and a previous ticket there was successfully squashed) however, this time, what with other pressures I have allowed it to go too far and now have the bailiffs at my door demanding money. I assume that I must pay the bailiff but can I go back and challenge the original judgement as it was patently unsound?
  6. 1) ...about 3 days before 2) I do get a few tickets and had several around that time so I'm not sure which payment refers to which...
  7. 1) I received a ticket from Merton council and paid it just before the expiry of 14 days, HOWEVER, they now say they didn't recieve it in time and can they now have another £40!!! Adding insult to injury! Can I fight this? How do I know that their office staff din't sit on it for a few days before crediting it??? 2) I've received another demand for an alleged non payment - an order for Recovery of Unpaid penalty charge from Northampton Court but referring to a parking ticket in May 2006. Now I'm pretty sure, but can't be certain that this was paid... do I have any redress after all this time?
  8. In the business LBA it states: "I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX" This interest element seems to be different to the interest I will claim when/should the case go to court (and to which your spreadsheets refer). Am I missing something or am I to try and calculate a portion of each month's bank charges where there is an interest charge on e.g. an unauthorised overdraft when part of this O/D is due to their charges... all seems horribly complicated to me...
  9. IN the business LBA letter is states: "I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX". This seems to be a different sum to the interest to be claimed as part of the court action being interest on the entire sum whilst this would mean a dissection of the 1.8% ro so etc charged montly on unauthorised overdrafts... It would seem reasonable for them to charge me interest on the actual overdraft but not on the amount of that O/D represented by their interest charges... Am I missing something?
  10. Sally, Thank you for your advice. Barry
  11. I am a sole trader (not a ltd company) with 2 accounts. I sent off the original letter (from the BBC web site as opposed to this group's version) some while ago and have eventually received the fobbing off notice ignoring the request for breakdown, proof, list of charges etc and maintain that as I am a business customer the Acts & Regulations do not apply and "only apply to consumers"... I now see that I used the ordinary personal customer first letter rather than the business one... 1) Do I have to start again and, if not, do I just re-iterate the amount claimed in the first letter? There are also two addtional charges since my first letter - is there provision for including the addtional charges in my LBA? 2) claiming for interest charged - I left this out in my first letter as I thought that charging their general interest rate for unauthorised overdrafts was not unreasonable (even if I hate the thought of giving them anything!) - OR - am I claiming for the notional interest on the sums I would have had had they not deducted their fines? Is the a calculator for this? 3) They have also added two charges £35 & £15 to my No.2 account - can I tack these on or do I have to initiate a seperate claim? 4) For some reason I cannot connect to the Basic Court package page or allocations... any suggestions? Is there a download? Your help & advice much appreciated....
  12. I now see that I used the ordinary personal customer first letter rather than the business one... I am a sole trader not a Ltd company. 1) Is this a problem and, if not, do I just re-iterate the amount claimed in the first letter? 2) claiming for interest charged - I left this out in my first letter as I thought that charging their general interest rate for unauthorised overdrafts was not unreasonable (even if I hate the thought of giving them anything!) 3) There have been a couple of additional charges added to the account since. When I send my LBA does it affect my case if the amounts differ between to the ywo letters? 4) They have also added two charges £35 & £15 to my No.2 account - can I tack these on or do I have to initiate a seperate claim? Your help & advice much appreciated....
  13. Tried again but no use... is there a download perhaps that I can access?
  14. Trying to get the necessary paperwork I find that I cannot open the pages with a) the Basic Court bundle nor b) the allocation questionnaires... Re: interest on sums they have removed - is there a calculator for this (or do I make a claim on the full sum plus a notional interest charge of say base + 1%...?
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