Omega Owners Forum
Chat Area => General Discussion Area => Topic started by: Michael2.6 on 19 September 2012, 13:17:40
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hi, everyone. just thought let you know, we started our extension, and just as we suspected she refusing to remove guttering box. she is abusive, we sent council chap round and he said she just wont listen. so now we cant finish extension. Contacted solicitor and will have to take action, but he has told us this could take up to a year to sought out! what a nasty woman she is, :'(
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Sell the rights of this saga to a TV production company, wiould be funny if not so serious for you. :(
Contact the MP again and explian the situation, it should not be up to you but the council to sort this out IMHO :y
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council dont want to know, keep telling us it a civil matter! i said, how can you be civil to someone like that? we were building extension to put my mother in as she not well at the moment, and needs a bit company, but thats how callious and nasty that bitch is, she knows why we extending. wife knew all along she would turn awkward, so she not shocked, and wants to take her to court to show her for what she is, never mind its holloween just now, so she be out on her broomstick, and might set fire to it, when she still on it of course! ;D
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Cant see why it should take that long, you simply need to serve her notice for removal of her item that is curently treespassing on your property. You could add a statement saying that if you do not receive a formal repsonse with a 14 or 28 day period the offending item will be removed and she will be required to refund the costs......all pretty standard stuff that any compitent solicitor should be able to handle.
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As Mark has said, shouldn't take any longer that 28 days notice for trespass (look at how they deal with Pikeys ;))
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If its hanging over your property take it and leave in her garden with a small note saying I think this is yours I found it on my property :y
I did this with a tree that was overhanging my garden and blocking a lot of the sunlight so I got a chainsaw chopped them down and threw them back over the fence. The bloke came round and started mouthing off, I said what can you do glue them back up again. ;D ( I kept asking his permission for about 2 years and he never did anything about it)
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nice one pauls :D, id have done the same
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i would do as mark says give her 7 days notice to remove said item and then write again with another 7 days notice with a date that it will be removed and once that date hits remove it and stick it on her drive.
she doesnt have a leg to stand on and to dot the i's cross the t's post one by hand and send another recorded del so you have proof she defo got your letters. just incase she tries to take youto court for dirtuction of property and not informing her of its removal. your poo proof then :y
really hope your situation improves soon :-*
if not i know a man whos know a man who knows someone who can get shot of her for you ;D ;D ;D
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thanks for your replies, its strange this is the second solicitor we have had and they always say this is not a quick fix, and will take months! we have all the evidence, we have been told to carry on with our build, right up to her box, you can take that any way you want! ;D . we have a retired barrister coming to our house on monday who has dealt with boundary disputes, and i still blame the council for passing her second plans. how do we get this notice put into action, because she plotting all the time, i sent council chap round and told him to say i would help with her, whoever she had to remove it, her reply was, he had better not touch my roof/guttering! makes me sick to the stomach because it on my bloody property, wifey has contacted MP again and has had a reply from council, just waiting to hear what shite they have made up to cover themselves, we have even considered taking our build down, but then she has totally won, it really a kind of bullying, the wife has had to stay well away in case her fist goes crazy. thanks marie for your advice, do you mean i write a polite letter and post it or solicitor? >:(
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Solicitor's never do anything quickly,they don't earn much that way :-X
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Polite and firm. You need to really find th chapter and verse of what she is breaching so you can quote it. And tell threaten her with legal action .
I'm not sure but as long as you give her ample time to rectify the issue and she doesn't you can remove it from your property I personal don't think 14 days total is lo g enough to cover you back I would say 28days.
You need to ensure your letter is worded very well and does not com across as threatening make th first one polite and the second firm. If you ned to go to a third think you might by the sounds of her make the third something g along the lines of......
As previously notified on ..date..referance. and date ...reference number we are now informing you that on ..date .. we will be removing your property form ours as you have failed to meet our previous requests. In accordance with...legislation we are entitled to remove said items and return them to you etc etc. Would you require any extrae time to organise removal you are required to inform us in writing 48hrs before ...date of intended removal by ourselves.
I'm good at writing letters if you need a prof reader let me know I'll gladly help
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I would also add to Marie's letter:
If you do not remove the trespassing items as requested within x days then we will arrange to do so, and will invoice you the cost, plus our standard hourly rate of £50 for our time for arranging this. If she doesn't invoice her for your builders and your time and then take her to the small claims court to get your money.
Get the retired barrister to write to the council on his headed note paper and say as they have caused this problem and have not attempted to resolve the result of their failings, if they do not now attempt to sort it out, then we are going to apply for a judicial review of their actions. We will be reporting the results from this in a press release to the local and national press.
Believe me I know a local Councillor and his department, that were put in this position and they were running around like headless chickens, trying to put all their ducks in a row and cover their backs as they knew all their actions and failing were about to be in the public domain and the press in a big way. They were acting with the council solicitors like Dad's Army's Cpl Jones. ;D ;D ;D
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This as gone on too long, I would continue with my build removing the box when needed finishing the extension. Remember to return her guttering box, job done.
Carry on with the MP, let's face it the council have taken this long to correct their problem they they are not going to respond very quickly to her. :y :y
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I really wouldn't recommend removing it without formally warning her I know it's a pain but you could open your self up for her to su you for destruction of her property pants I know. Letters are the best way to go you have proof the you have given her ample notice
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I really wouldn't recommend removing it without formally warning her I know it's a pain but you could open your self up for her to su you for destruction of her property pants I know. Letters are the best way to go you have proof the you have given her ample notice
Agreed, I forgot that bit 7 days notice, or however long it will take to get to the point where the guttering box falls off. Pointing out that she has had ample warning previously.
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the first solicitor we had sent her a letter, telling her to remove tresspass, she ignored it, that was back in april. she basically sitting tight and doing nout, while we doing all the running about. this new solicitor has told us that he will send another letter , and if we get a court date and she dont cooperate she can be jailed, but that probably wouldnt bother her, the tresspass will still be their, and we cant finish the build, have told our brickie to carry on and build right up till it nearly touches her guttering then she will kick off, and i will say now you need a solicitor! been told that we can get her on the party wall act as well. as she didnt serve notice on us, she basically has done nothing by the book, but its us thats getting shafted! >:(
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Keep a detailed diary of events events - dates,times etc. If you go to court,you will need it. ;)
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I'm currently debating whether to click send on this draft my daughter conjured up as a funny... Seems as though our views are the same.... What do you think ;D .. Made me laugh..
Helen!
Further to my email this morning, i discovered a few hours ago that we don't get to experience the lovely sunny british weather because of the guttering from the Dallas mansion next door as it acts as a parasol blocking any known light. But i do believe it came in very handy within the last half an hour when the rain came as it shelters our drive from flood.
Problem being, we have whats commonly known as a 'bitch' residing next door whose manners and common sense are as rare as rocking horse shit.
I'd happily punch these into her and at the same time, slap the shine off her brow but because that's known as GBH i'll settle for you pulling the guttering down with your bare hands.. It would give me pleasure to watch the sunlight beam back onto my drive... If your lucky, i'll stick the kettle on for all your hard work.
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No keep it formal and professional or you are opening a whole can of worms for yourself. Like you do not have a legal right under planning laws to daylight.
You are also much more likely to make mistakes like the jokey GBH as this could be taken as a veiled threat. A good solicitor will use this and anything else they can against you and you could then lose the case on a technicality.
So keep it to the point like Marie has suggested and you won't end up the losing the case.
Most of us at sometime have tried to be clever only on reflection to realise afterwards that we have actually been stupid. :-[ So don't fall into this trap.
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Good advice from Rods! Keep it simple, keep it formal and to the point!! :y
As your build progresses I'd send her a regular warning letter of your intentions, maybe once a week... ???
Another thing to be aware of is that if you actually go ahead and dismantle her guttering box, is to do it carefully rather than rip it to pieces, as she could do you for criminal damage. :-\ I think I'd also be inclined to do a temporary fix where the guttering was just to avoid any further damage from rain water, such as wet getting into her cavities... ::) After that it's up to her to sort out a permanent solution! ;)
If you end up in court you'll need to prove that you have been utterly reasonable at all times and you have tried your best to avoid any inconvenience to her... ;) Crap I know, but that's how I'd play it! :)
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Another point to note is that if you send her a letter in the post via recorded/registered etc the senders address has to be on the front. So, when the postman knocks on her door to hand the letter over she will see before she signs that it's from you and could refuse it.
She is entitled to do that so be warned ................
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Take lots of photos of the work you do as you do it too.Its all potential evidence.For example you could set the piece of guttering in her garden in good condition and then she could smash it with a hammer and try to blame you for criminal damage. ;)
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Good advice from Rods! Keep it simple, keep it formal and to the point!! :y
As your build progresses I'd send her a regular warning letter of your intentions, maybe once a week... ???
Another thing to be aware of is that if you actually go ahead and dismantle her guttering box, is to do it carefully rather than rip it to pieces, as she could do you for criminal damage. :-\ I think I'd also be inclined to do a temporary fix where the guttering was just to avoid any further damage from rain water, such as wet getting into her cavities... ::) After that it's up to her to sort out a permanent solution! ;)
If you end up in court you'll need to prove that you have been utterly reasonable at all times and you have tried your best to avoid any inconvenience to her... ;) Crap I know, but that's how I'd play it! :)
::) ;D ;D ;D ;D ;D ;D
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Michael
having read the origonal post in great detail etc i cant belive this is not sorted, you certainley have had no luck with solicitors either by the sounds of things
As your build is now approaching your neighbours soffit/fascia height sound advice about giving her notice etc cant belive your solicitor has not laready done this but as previous posts keep it simple and to the point and send it all by recorded delivery which basically will cost a lot more but she or someone has to sign for the letter so you will have proof it was recieved.
But a couple of questions planning and building control i assume have approved your plans was there any discussion regarding how they/your builder would deal with the neighbours fascia/soffit and the junction that will now occur with your new extension bearing in mind it was there plain for all to see as it does kind of stick out like a sore thumb from the pics i have seen. ditto the waste pipes on the wall. How far are you off your neigbours wall.
something else you could add to the final letter is that you are suffering loss and expense from delays due to the fact she has not taken steps to alter her soffit/fascia etc and as such you have no alternative but to instruct your builder to carry out these works on her behalf, and this is a copy of his loaded quotation. As previously stated if you simply remove her items to carry out your work and for example it rains she could have a claim against you. This way should you wish you could claim the your loss and expense plus builders cost through a small claims court :y
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just had all details put threw by our new solicitor, he wanting a thousand pound up front, and direct debit of 500 pounds a month!includes all options, 1, put up with encroachment, already doing that! 2, contact boundary disputes place, already done that, and got nowhere, 3, get a surveyer, done that, and 4, take her to court, which will cost 15 thousand, and even if we win, she just has to plead poverty, like what she is, then we still lost and guttering still there. we will have to see if the building regs chap can allow us to put another gurder in to bring it further out and make our extension look even more like a hen hut, compared to her mansion,if he wont allow that then we have decided to pull it down, wife been crying all night, we are going to move, we are embarassed that a little cow has shafted us well and good, and my mother cant move in and needs looking after, that was the whole point of it, we cant see any other way, she has won without doing or spending a thing, our build is already 85metres away from her build, she got her way with that as well. we have a brilliant brickie that we set on his work is spot on, what a shame to ruin it :(
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just had all details put threw by our new solicitor, he wanting a thousand pound up front, and direct debit of 500 pounds a month!includes all options, 1, put up with encroachment, already doing that! 2, contact boundary disputes place, already done that, and got nowhere, 3, get a surveyer, done that, and 4, take her to court, which will cost 15 thousand, and even if we win, she just has to plead poverty, like what she is, then we still lost and guttering still there. we will have to see if the building regs chap can allow us to put another gurder in to bring it further out and make our extension look even more like a hen hut, compared to her mansion,if he wont allow that then we have decided to pull it down, wife been crying all night, we are going to move, we are embarassed that a little cow has shafted us well and good, and my mother cant move in and needs looking after, that was the whole point of it, we cant see any other way, she has won without doing or spending a thing, our build is already 85metres away from her build, she got her way with that as well. we have a brilliant brickie that we set on his work is spot on, what a shame to ruin it :(
Yeah right, tell him to put it where the sun don't shine.
Is this a wind up? If not it's a script from Only Fools and Horses ;D ;D
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I have just sent you a pm paul.lovejoy
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just had all details put threw by our new solicitor, he wanting a thousand pound up front, and direct debit of 500 pounds a month!includes all options, 1, put up with encroachment, already doing that! 2, contact boundary disputes place, already done that, and got nowhere, 3, get a surveyer, done that, and 4, take her to court, which will cost 15 thousand, and even if we win, she just has to plead poverty, like what she is, then we still lost and guttering still there. we will have to see if the building regs chap can allow us to put another gurder in to bring it further out and make our extension look even more like a hen hut, compared to her mansion,if he wont allow that then we have decided to pull it down, wife been crying all night, we are going to move, we are embarassed that a little cow has shafted us well and good, and my mother cant move in and needs looking after, that was the whole point of it, we cant see any other way, she has won without doing or spending a thing, our build is already 85metres away from her build, she got her way with that as well. we have a brilliant brickie that we set on his work is spot on, what a shame to ruin it :(
sorry to hear that, all the good advise on here etc is helpfull in some ways but in no way makes what you and your wife are going through easier. makes you wish you could come up with something with instant relife and make you feel better.
unfortunatley depsite my previous sensible advise i would rip the bloody fascia/soffit down as far as it protrudes your property. feel better and let the bitch take action against you, but drag as many people you have tried to get help from into court with you..dont even talk to the bitch let her stew in her own juices and dont let anyone on your property to fix it
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I have just sent you a pm paul.lovejoy
replied :y
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Really sorry to hear shes crying but please tell her from me tears arnt going to help... walk up to her right now and give her a big hug from me and tell her " Dont cry its what the BITCH next door wants shes won if you let her get to you, try to focus i know it seams like the light at the end of the tunnel has disappeared ( and i have been there before) but it will work out! SHe will get whats coming to her.
Micheal......
right DONT rip down your extension for the love of god that is not a good idea.
please keep fighting after all is done and you have WON ( extension built ) you will look back and be glad you did.
right tomorrow draft three letters like i said before. get the plan into action tell your builders to keep working and in 28 days they will beable to remove the guttering (gently please) make good any holes unfortunatily your going to have to coff up the pennies for it. please guttering on her drive post a fourth letter to here basically stating what you have done IAW your last 3 letters and let her know you have made her house rain proof where she had the guttering and that she is to find an alternative.
if you do what i have suggested and others and she takes you to court and you have all the previous evidence as well as the letters she hasnt got a leg to stand on. Call her bluff she might not even bother but then your not forking out on solicitors until you really need them. i do agree with the fellas that does sound expensive. but ultimately we can advise you and all have different ways of handling the situation. At the end of the day darlin you and MRs M need to decide and be happy with your decisions.
just another point selling/ moving may have its own issues to as any potenial buyers WILL find out about her and the issues you have had and could pull out before exchange. sorry but if i found out about these problems dream house or not i would walk away from the sale. Keep fighting trust me it will be worth it in the end and then the tears you lovely wife has shed will have been for some thing.
Chin up SHippers :-* ( p.s. thats for mrs M :y
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I think Marie has it spot on mate :)
Just remember gonads law No1 ....................... Don't let the barstewards grind you down ;)
Law No2 reads ............... What goes around, comes around ;)
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Hi every one, espesially to paullovejoy and marie, this is Michaels wife! thanks for all your help and advice, poor Michael has had to put up with me going barmy about this for months, and yes marie he did give me that cuddle and said things will be ok, i just thought i was in control and could take her on, but she has dug the knife in, in her last attempt to really get us, we just feel like every thing we try to do to backfires, and she is always that one step a head. maybe its just luck on her side, she has no solicitor, and like our solicitor has told us, why should she?she has got what she wanted, and will plead poverty, we just going round in circles. we partly blame ourselves when she started her build, we were on good terms then, and let them put their scaffolding in our drive blocking some of what was later to be revealed, but at the time Michael was recovering from cancer and having his bladder removed, receiving chemo, and was sleeping a lot, he told me last night if he hadnt been poorly he would have spotted earlier what the builders were doing by bringing her build further out, but we had no reason to keep checking it we trusted her to do what was on her first set of plans, and building regs man told me last week he knew it was wrong and told her builders to run it past the council again, but they never did, until we realised what she had done. >:(
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Your more than welcome, I am only sorry i could not be of more help but sometimes its good to just get things off your chest.
I do hope you do not take down your build after all the hard work to date. Easy to say but maybe you both need a short break from it all and come back refreshed and maybe a simple solution i hope will be found.
nice to have a chat last night...youve got my number :y
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hi. Michael has just caught her out the front and asked when are you going to remove guttering. reply. never. you work round it! i heard her gob and looked out the window, she said i was dead meat, so sorry to say i went out and told her exactly what i thought of her, after all the trouble this has caused, 8months of holding it in, she also said i will get the police, Michael said get who you want, get the army if you want! should i call the police? she made the threat in front of the builders!i feel betternow i said what i think, but the problem still their . help! :-\
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hi. Michael has just caught her out the front and asked when are you going to remove guttering. reply. never. you work round it! i heard her gob and looked out the window, she said i was dead meat, so sorry to say i went out and told her exactly what i thought of her, after all the trouble this has caused, 8months of holding it in, she also said i will get the police, Michael said get who you want, get the army if you want! should i call the police? she made the threat in front of the builders!i feel betternow i said what i think, but the problem still their . help! :-\
Might be a idea if the builders will back you up.
Just have a word with the builders first and get your storys straight first.
At the end of the day, the builders will want to finish the job so they can get paid so I can't see a problem with them not helping.
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Hello Mrs M.
Its my pleasure i am more then happy you lend you my ears, time and advice. if you want my number just send me a PM happy to chat anytime.
Venting is good although not such a good idea at her though.
I would call the police and have it logged and not let them take any action... just yet. Ask your builder if hes happy to make a statement if he is i would call the police. its better to have it on file for a later day if you need it. Plus its all evedence if you need it at a later date. Hopefully not.
Micheal shouldnt feel bad about not noticeing what she had done while he was ill i know times are hard when finding out you have the big C went through it in 2010 with the hubby so i understand what you personally went through MRS M.
Please look at what i have suggested you do.
But most most of all STAND TALL AND DONT DROP TO HER LEVEL.
it will be right might not be an easy run but it will be worth it in the end.
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hi. Michael has just caught her out the front and asked when are you going to remove guttering. reply. never. you work round it! i heard her gob and looked out the window, she said i was dead meat, so sorry to say i went out and told her exactly what i thought of her, after all the trouble this has caused, 8months of holding it in, she also said i will get the police, Michael said get who you want, get the army if you want! should i call the police? she made the threat in front of the builders!i feel betternow i said what i think, but the problem still their . help! :-\
Might be a idea if the builders will back you up.
Just have a word with the builders first and get your storys straight first.At the end of the day, the builders will want to finish the job so they can get paid so I can't see a problem with them not helping.
Top tip do not discuss the incedent with them, if your stories are too simular they will know you have talked it over. peoples accounts of an incedent always vary slightly and if they are identical something is wrong.
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hi. Michael has just caught her out the front and asked when are you going to remove guttering. reply. never. you work round it! i heard her gob and looked out the window, she said i was dead meat, so sorry to say i went out and told her exactly what i thought of her, after all the trouble this has caused, 8months of holding it in, she also said i will get the police, Michael said get who you want, get the army if you want! should i call the police? she made the threat in front of the builders!i feel betternow i said what i think, but the problem still their . help! :-\
Might be a idea if the builders will back you up.
Just have a word with the builders first and get your storys straight first.At the end of the day, the builders will want to finish the job so they can get paid so I can't see a problem with them not helping.
Top tip do not discuss the incedent with them, if your stories are too simular they will know you have talked it over. peoples accounts of an incedent always vary slightly and if they are identical something is wrong.
Good point that :y
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well i phoned my ex neighbour who is an ex policeman and he said just sit tight, it a threat, but if it turns to where she does something, well thats different. never thought we would have to endure something like this with someone so devious! i always been type of person who could get on with anyone. we have decided to finish the build, oh we have to alter the plans, just ran it threw with building regs man and he come up with a way round it, so i suppose she has won. Then we sell it, dont put forsale sign up, take first offer, we cant have Michaels mam living in a war zone, she not in best of health. we have a house sorted out what we looked at when we first had our house up for sale last year, it a beauty and massive! with plenty en suites to suit our two daughters needs, they will never bloody leave home! 19 and 23 year old!just want a peacefull life after all we went threw with michael. And thanks Marie your a star! when we get sorted and more relaxed i will PM YOU! and you can tell me about what you went threw with your hubby,and hope everything ok. Michael has check ups and doc said they got it all out. we can do without the stess, and we cant live next door to her any longer than we have to. will keep you all up to date with things, and remember marie i will contact you. thanks :y