It's Still Ongoing

Nothing major to report, BCH is still coming round, expecting miracles out of nothing, and wondering why we can't. When are these idiots going to learn, i don't want to be annoyed every month with the same crap as last month, i don't care for their tennancy agreement.

The only reason i'm being reasonable at all, is because i want my partner and our cats to have a home, you know, a roof over their head. If i was on my own, i would tell them to shove it up their ass, since i don't negotiate with terrorists or stupid rules that they make up on the spot.

They can go to any proterty they own and say " that's a breach of tennancy". They don't need to explain why or how to fix it, just that it's a breach and you can get evicted for it. So now, i'm going to challenge them and call their bluff, if they want to do, they do it, out of their own time and money, i certainly am not going to do it, as i'm not able to.

They don't care if your able or not, they expect it a certain way, well i'm not having none of it, and i don't recomend anyone have anything to do with BCH if they can help it. In fact, don't come to Blackpool, it's the worst place i have ever been to, and it's full of corruption.

I can prove this, because we took the council to court because of a leaky window...leaky? How about a half inch gap between the window and the wall, yea, it leaked alright. Get this though, BCH and blackpool council denied it was a problem. So i was having none of it and took them to court. All the way up to 2 days before actually apearing in court, they settled and paid us £4500 plus had to pay the legal costs of over £5000. We were asking for the cost of a new window...about £530...but no, they dug their heels in and stood right up to that moment they settled. Stupid mugs. Goes to show you, these guys don't negotiate, they don't care, they are useless and no wonder it's a dump.

Yet all they worried about is the fact our wallpaper is in a bit of a mess and slightly untidy. Well fuck you, i'm not going to fall for that bs, you want to change it, you do it, i'm in no fit state to do that sort of work, not now. I was 14 yerars ago when i moved in, but that was then, as they told me.

On that note, it is very early indications, but i might, just might have Aspbergers Syndrome. It's not confirmed yet, but the simple test that i went for has a very high number of 45 out of 50, which is a very high score on the test and an indication of Aspbergers. So even if i could decorate and move furniture, i probally wouldn't because of principal, as i never give in, and i will never back down, not now, not ever. Hell, I never listend to my mum, what the hell makes them think i'll listen to them...lol

Here We Go......Again

It's been a while now, and all this time of peace and letting us live, without interference, it's all too good to be true, now, it appears, BCH is not satisfied with anything we do.

Apparently, every 5 years or so, BCH do an audit, yea, i get that, keep an eye on your housing stock, makes sense to me, but that's where i draw the line. They do not have a right to dick about in personal lives or things that do not concern them in the god damn slightest. So, we are here again, blogging to let you all know, that BCH is threatening us with eviction again, because we are "breaching tenancy agreement".

To me, a tenancy agreement is just that, an agreement between parties of basic guidelines to follow that is beneficial to everyone, but mostly the client that is renting. Sounds simple enough doesn't it, an agreement of terms, not actual law. However, since it is an agreement, it does come under contract law, and this can be an avenue of discussion for a later time.

So, what have we done so wrong....well, apparently, it's not up to standards. Standards? Like I give a damn about standards, I'm not here to please others, I'm here to look after my family and to live. I get that this is their property, but within this property it's my rules and that of my partner, it's nothing to do with anyone else at all. This is where I got an issue with BCH, they are messing about where they not wanted, or needed, so I'm telling them to back off and let us be, so that we can do the things they request, over time.

To be honest, we agreed that it was in a bit untidy, but they knew this well in advance of coming round, and the first thing they did when they came around...threaten us with eviction if we did not comply. So to me, this is a challenge, and I'm going to win. I'm certainly not going to let any stupid jobsworth trying to earn a medal from high command, telling me how to live. I know how to live, and it doesn't concern them in the slightest. If they that concerned about the building, fine, do something about it, if not, stroll on, see you next 5 years.

Here is my solution to this all....they have identified that we need to decorate. We agree, it does need decorating, so get this....we asked for help, because due to health reasons, I'm unable to do so....they said they cannot help us. So my question becomes...how the hell are we supposed to do decorating, if your not prepared to offer help? Kind of WTF moment. Not only that, since they want us to remove the carpet, which I thought was none of their concern, where exactly are we supposed to put it. We all know the bin men and women will not take carpet to the trash, it's household goods, therefore they don't have to take it. Oh, but hang on, we can PAY to get it moved. PAY?...so not only are we in breach, they told us they not going to help, but now, they want us to pay for the privileged? How about...stroll on, if they want to help, then help already, if not, sod off and let us be.

Now, almost everyone knows, that decorating takes time, it takes planning and it takes money and effort. Since no-one is helping, how the hell are we supposed to do this? I would love to wave a wand and presto, it done, but that aint going to happen, so we at a stalemate.

Well, that provoked me into making a complaint, and if your going to complain, do it justice....here is the letter I'm sending, minus the details, for obvious reasons.

Thank you for your letter dated 11^th August, which was received on 15^th. I do herby fully wish to escalate this matter and take further action. Also, this is notice that I intend to seek further legal action regarding this matter. All appointments, visits, phone calls, e-mails, and other trivial media will not be accepted, until this matter is concluded legally and in writing only.

• Objective – To get a letter of Satisfaction, and a letter explaining that BCH will not visit within 5 years minimum. Also, if this continues, a letter of apology from the Director of BCH for the appalling treatment from all staff.
  
  
  
• Standards – There seems to be some confusion as to what is acceptable standards and what is not. As far as I'm concerned, we have made significant improvements and this in turn is good enough standards to warrant a letter of satisfaction. Even you agree that we have made significant improvements, therefore if it has improved, it is no longer in a breach of tenancy agreement. How are you going to convince a court that after making significant improvements, that we are still in breach of tenancy. What I want to know is, how the hell can we still be in breach of tenancy, if there is significant improvement, that's complete nonsense. Last visit, we were given a page with some photos on it, you claim we were number 4, but want us at 3. Quite frankly I couldn't tell the difference. Normally I'm good at spot the difference, but the pic was so alike, I couldn't tell what was the problem. Since we are at 4, near 3, then I don't see a problem, and will argue with you over that if you wish. Like I said, as far as I'm concerned, this audit is finished, and time to move on, go away. As for decorating, when you fix your building from leaking, I'll do the decorating, until then, do your job and I'll do mine.
• Decorating – while I have mentioned this in this letter, I feel it needs addressing on it's own. You should know more than anyone, that to decorate anything, a room, a flat, an entire block, it needs planning and a lot of it. You cannot simply correct years and years of not decorating in a week, month, or even a year, it's going to take careful planning and time, and money. Since your incapable of even offering the advice on this, then we have to do this on our own time, not yours. I don't care what it is, breach or tenancy or not, this is one project that will not be corrected to your standards overnight. So, unless you back off and give us this time, then nothing will be done to correct it, I will not be bullied by a jobs-worth looking for another medal to please you.
• Attitude – Lets get this straight shall we, I will do things, but I will only do them on my terms and my time. Not yours. I certainly will not jump through hoops just because you say so. So I would appreciate it if your staff, on any level, would drop the attitude and stop saying “ it's against the tenancy agreement”....as if your holding that against me for a ransom. I do not negotiate with terrorists, so I am telling you straight now, drop the attitude and start treating us with a bit of god damn respect, or I will most certainly tale further legal action, on a personal level. If I came to your office and started being awkward, I know for a fact you wouldn't talk to me, or see me, or even jump when I said so, in fact, you would probably call the police. So why do you think it's acceptable to do the same to us, giving orders as if I work for you. We are not some dog muck you step on, so until you treat us with a bit of respect, I will not be negotiating with anyone with an attitude. Yes, this is your property, but within it, is my rules, yours do not apply in my world.
• Safety – Since BCH is requiring me to take action to do something that would be detrimental to my health, I therefore place BCH in full and unrestricted responsibility and liable for any damages to my health as a result, directly or indirectly of moving furniture around and running around chasing you lot all day. By continuing to visit, phone, e-mail, or any other form of communication from the date of this letter, will constitute as full compliance of this agreement and subject to compensation claims for damages. This is also, but not limited to, health, physical and mental, and damages to property and fixtures and fittings. You do not have a choice in the matter, and the only way to cancel this would be to send a letter of satisfaction, in writing, immediately.
• Breach of privacy – Since you insist on taking photos and other media to take back to your office, when I clearly did not give you authority to take photos, constitutes as a breach of privacy and is subject to copyright infringement. I did not, and never will give you any permissions to photo anything either myself or my belongings, at any time, for any reason. Therefore I require you to return all photo's, or destroy them immediately. Should you continue to breach this law, I will take action against you under privacy law.
• Legal advice – As of writing this, we are now seeking legal advice. I do understand that this letter can be seen as a threat, but you should be used to that, since your threatening us with eviction from day one. So as far as I'm concerned, you started a fight, so I'm seeking legal action against BCH. This is not the first time you have threatened us, the last audit you did, we were threatened with eviction as well, you lost that one as well. Perhaps, instead of threatening your customers, you would be better to offer the help and advice. You have identified some issues that needed addressing, we agreed they did, so we made improvements, now that it's improved, it's no longer a problem, and so, this issue is closed as far as I'm concerned. As for decorating, by the time you do the next audit, it will be done, and improved, but if you don't back off, it won't be improved and it will take longer.
• Recording – As of the date of this letter, all further contact, by whatever means, will be recorded, for security purposes. All visits, letters, e-mails, phone calls etc. will be recorded. By entering the property, you automatically agree to being recorded by any means for our security. This is not negotiable.

Overall, I hope I have made myself perfectly clear how things are going to happen from now on. If BCH wish to be treated with respect, then I demand the same treatment. BCH will give us the time and space we need to get things done, or nothing will get done, yes, it's that simple. You can call “breach of tenancy” all you want, I don't care. Same as you don't care about 5 years ago. I am asking nicely for a letter of satisfaction, if that is not possible, then I am asking for a letter of eviction so that we can go to court and sort this out, stop wasting my time and get with the program.

I hope BCH get this, and read it, and stop being dicks and let us be, so that we can get on with things. Next time they visit, in 5 years, everything will be addressed and sorted out. If they persist in coming round, then nothing will be done, it's that simple. I got enough to deal with, I don't need this crap.

Conclusion

Just this week, i think it was Wednesday, we had a meeting with the council regarding this entire issue. It was more or less to set up when they are coming around to inspect the property and i guess to have a general discussion about it all.

This meeting went surprisingly well, and overall we are now pleased to have some sort of rapport with the council now, or at least on talking terms.

Regardless of what has been said and done, the overall consensus is this:

Always Read and Understand ANY contract or agreement BEFORE you sign it.

The above message is of high importance, in almost any situation, not just in tenancy agreements, but in pretty much anything you sign up to, for or with. To an extent, it also covers websites. On some sites, just the action of entering the site is enough to bind you to their rules. There are a number of ways to call it….Terms and Conditions, Rules, TOC, AUP, Privacy Policy…and so on. Each of these are basically rules that you agree to. Even blogger, which hosts this blog, they have rules and a privacy policy, no website should ever be without them simple ones at least.

This doesn’t mean you should take home the complete law book on rules and regulations just to be able to understand them, but what it does mean, is…that if you have any questions, it’s better to ask them BEFORE you agree to the rules, rather than after.

If however, your already in a contract, long term, short term…and term…..and you do have a dispute, then you should always know your rights. I’m referring here, to the general public of the United Kingdom, since i do not know any specific regulations in your country, that’s if your outside the UK.

I shall say it again though, to clarify: Know Your Rights. Regardless of any rules, you have a right to challenge them, if you think they are wrong. Even if your in the contract, you can still challenge them, although this can and will take time and effort, and of course, a lot of legal paperwork.

I would guess that most of the time, if it’s a simple enough problem, it can be resolved out of court. Example, our case, it was resolved out of court….there was no need to go to court and make an issue out of it, when it was easily corrected.

Sometimes though, when things get really nasty, that’s when the courts have to step in to balance the argument. If this happens, you can be assured that your case will be dealt with independently and without any favour to any side. So, on the bright side, it’s going to be dealt with legally and honestly.

Finally, something i have learned from all this NEVER Give Up. This is the hard bit, since most legal cases can drag on and on for years, it can seen debilitating and demoralising to everyone. There will be days you feel like giving up, but that’s what the other side want. We are British, we never give up. Well, that’s what i was told anyway, and so i kept going and going, I'm like the energiser bunny…no offense to you Duracell.

So there you have it folks, a beginners guide to how to keep sane..in an unpredictable world.

We Won!!!

Sorry about the delay in writing updates, but just recently, 10th March 2011, we received a letter from our Solicitor saying we can keep all 4 cats.

It’s been a hell of a struggle, and one that has proved to all the sceptics, that common sense does prevail, and that no matter how big you think you are, as a company or anyone, your rules can be challenged legally, especially stupid ones.

Since 10th March, we have been relaxing and celebrating, because to me, this is, or was a battle that not even the local papers thought we would win. We even had someone in the council offices at their headquarters say “ good luck” to us, in a sense that he thought we had no chance. I now laugh at them people, and their ignorance.

If anything, it was a gamble on our part, i was prepared to put everything on the line, for a chance we could win. sometimes these gambles don’t pay off, but this was one of those based on principal more than anything else.

I would however like to thank everyone that did support us, your thoughts and help are immeasurable, we couldn’t have got through this without you. You know who you all are:)

Your Help

It has been a while since i have posted, but nothing much has happened since last time. If anything, we have been highly stressed and even more depressed over this matter.

It has got to the stage now where we must consider all our options, and we believe the next option is to seek full legal help, via a solicitor / lawyer. Unfortunately Lawyers are not cheap, and for good reason, they are highly trained in the legal arena, and know the law regarding such issues almost inside and out. For all those years training and court cases come a cost, where us mere normal folk have to rely on what the lawyers say and do.

We don’t really want to have to do this, but in this world, you don’t get anything if you don’t ask. Plus, we have pondered all other actions and to find ways in which ordinary people, like yourself can help us, and could, in all theory, make all the difference.

Normally on the internet, there is not much anyone can do, other than sit back and wait for updates on this blog. However, there is many ways you can help, and with the prospect of a huge legal battle versus local authority, we will need all the help we can get.

So, how can you help? Simple, by making a small donation to our cause.

Myself, and my partner will not benefit from this, not 1 penny, as all funds raised will go directly to legal costs involved, and to challenge the local authority. Also, as soon as the legal battle is either won...or lost, all procedes from donations will go directly to an animal charity, which must be registered and legal of course.

So, as you can see, any help is highly apreciated and most welcome of course. Every penny counts, and will help out fight in this matter, and hopefully it will also aid others in the same possition to fight thier causes too.

Thoughts

There you have it folks, the letter i sent to them. their reply, in a nutshell, was to enforce that their tenancy agreement rules apply, regardless of what we say or do, and that’s all their is too it.

They basically posted to us all the events that happened since July 6th 2010, on their behalf. There was no mention of the challenge, no addressing of our concerns regarding the rules, and certainly no leeway in the matter. That’s typical council though, they just wont back down.

It’s looking more and more though it will go to court, whereby we will express our opinion and rights.

Of course though, our cats, and my family are first, then my allegiance to the general public to inform you all here, right on this blog, of the situation as it develops.

I will be writing to the council to put things in writing, so they are in no illusion that i will go as far as they take it, either way is good to me.

Pass the Ball–part 3

Unfair Contract Terms Act 1977

1977 CHAPTER 50

10 Evasion by means of secondary contract. E+W+N.I.

A person is not bound by any contract term prejudicing or taking away rights of his which arise under, or in connection with the performance of, another contract, so far as those rights extend to the enforcement of another’s liability which this Part of this Act prevents that other from excluding or restricting.

Explanatory provisions

11 The “reasonableness” test. E+W+N.I.

(1)In relation to a contract term, the requirement of reasonableness for the purposes of this Part of this Act, section 3 of the M6 Misrepresentation Act 1967 and section 3 of the M7 Misrepresentation Act (Northern Ireland) 1967 is that the term shall have been a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made.

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Implied Terms

Source: http://www.gillhams.com/articles/141.cfm

General Application to Contracts

The rule is of general application and terms may be implied into contracts of virtually any nature, involving arbitration, agency, building, technology licences, sales of goods, supply of services and real property. The implication of terms remains a matter of law for a court to decide with the guidance of established legal principle.

When Terms are implied into a Contract

Terms may be implied by the facts of a particular case, which are considered to reflect the parties’ intentions. The general principles are that an implied term must:

1. not contradict any express term of the contract

2. be reasonable and equitable

3. be necessary to give business efficacy to the contract, such that the contract cannot be effective without it

4. so obvious that it goes without saying, and

5. be capable of being clearly expressed.

The factual background at the time of formation of the contract is the relevant time to consider whether the parties probably had the term in mind but did not express it, but probably would have expressed it, had it arisen in the court’s view of fairness or policy.

We look forward to your reply on this matter, preferably within 14 days for an acknowledgement, another 14 for a reply, no more than 30 days at tops.

Signed