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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 11
Experience:  Moderator
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VGood morning, I hope this email finds you well. I have

Customer Question

VGood morning,I hope this email finds you well.I have signed up for the premium membership package which allows me unlimited questions so please can you help me with this letter before action. I have questions in italics and If you think anything else needs changing please go ahead.Dear Directors,Letter before actionAs it has not been possible to resolve these matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.1, You are in breach of contract under the (please fill in name violations ie. Breaking and entry, implied right of access/duty of care/discrimination not following protocol) by breaking into my property and changing the locks without proper protocol. You informed me after the event, you knew this cupboard is mine and I have been using it since 1999. Mr Kenndy could not work on Saturday as he could not access tools. Leaving the door unlocked constitutes a security risk. Please note I have not checked to see if everything is there yet.Action : Arrange for keys to the cupboard be delivered immediately2, (Legal fees: When I was unable to pay my service charge you failed to send a letter before action in accordance with the practice direction on Pre-Action Conduct, therefore I will not be paying the legal fees.Action: none3 (Please put in name of violation ...Negligence and duty of care if appropriate) On or around 24/06/15 the directors were informed of damage to the 5th floor carpet. The directors falsely concluded I was responsible. An attempt to make me pay for a new carpet was made, it was agreed I buy a rug to cover the damage from my personal monies. About a year later the porter and I reported there was a serious infestation of clothes moths throughout the 5th floor and they are responsible for damaging carpet and items in my flat. We requested the moths be attended to. No response to date.Action : arrange for moth exterminators, pay claim of 'X'4 (Please put in name of violations using his position for favourable treatment, discrimination, incompetence, duty of care ...) On or around 06/03/16 one of the directors experienced a leak which appeared to be coming from my flat. This director insisted he believed the leak was coming from the roof and the roof tiles had to be lifted to verify. Due to the construction of the building this is impossible without an obvious trace. An abuse of our time. Access was allowed for two weeks, an extensive search for the leak was made that involved dismantling,The directors instructed the plumber not to repair any leaks they found, the directors attempted to cut off my hot water for three days to conduct a pressure test (a pressure test takes a maximum of 30mins). The source of the leak was never found. The director has had his flat made good and mine has not been repaired. In fact I have had no response to date see mail of. 16/05/16)can we claim for time taken off work?Action : pay the claim, remove the director.5 In or around 28/02/16 i was forced off the board by being told the board had decided in my absence that the longest serving director should resign. See my email of 28/02/16 Is this legal.Action : clarification6 (Name of violation ) No response from the board to my repeated claims of discrimination and harassment.Action : address the issues7 . (Name of violation sex discrimination act 1975 chapter 65 s4 and s4a )Treating with contempt: I was told that I and I alone should not expect a reply to my emails to Bunn & Co but that I should visit the offices and collect them in person. I became too scared to go to board meetings on my own and took Mike Yuille as a witness to discuss this treatment on Xx date during that meeting the directors either made no comment or maintained that I collect replies to emails in person. On tX date I met two directors in the Rochester brasserie to discuss whether to keep Bunn and Co as our managing agents. I said I felt I was being sexual discriminated against, the directors told me they would keep Bunn & Co no matter how incompetent. I was the only woman on the board and I am a Feng shui consultant a very different profession from the other directors.Action. : change managing agent9 ( name of violation... duty of obedience, treating with contempt ) I have been asking for a meeting regarding Mr Machado's contemptuous attitude to me with Bunn & Co since 2013. Still not had one to date. I have brought this to your attention on many occasions yet no action has been taken
Submitted: 2 months ago.
Category: Law
Customer: replied 2 months ago.
Part 2
Action : change managing agent10 (Name of violation duty of care, negligent, harassment, victimisation ) on or around 06/15 a fire door was introduced. The fire door closure is a security risk as it is permanently open, I asked for it to be attended to on 2/7/15 nothing was done. I experienced a burglary on or around 14th April 16. I contacted the police and have a crime number, they advised this fixture be amended to secure the property. I also spoke to the fire department who said they would send an email to Bunn and co recommending the door be changed to a more secure closing. Have you received that email? The fire door is still a security risk that needs to be attended toAction : make the fire door secure11, (Name of violation trespass ) The managing agents have accessed private areas without informing the residents which I found intimidating. Namely my roof terrace and flat 16’s balcony which he accesses through the permanently open fire escape door.Action : change managing agent12, Name of violations Data protection Act 1988 s5.13 etc. ) On 19/06/15 received a highly insulting and defamatory email that was false which was calculated to paint me in a bad light. This email was copied in to all the directors and the managing agent of Moreton. This was a private matter. The email was influential in inciting intimidation from residents of the building. There is a police report. Mr Yuille (witness legal journalist) arranged for a meeting with the managing director of Bunn & co to ask for a retraction to be sent to all parties on 01/07/15. This has still not been done.Action : send letter of retraction to all parties and copy me in.13, (Name of violation ) Paulo Monteiro of Bunn & Co informed us that the email was written by an anonymous committee member(director). We agreed to a second meeting between Mike Yuille, Bunn & Co and myself but we have had no response to requests for that meeting from Bunn and co to date. The directors have been informed many times including in email of 18/1/16 to rob hullAction : firstly identify who the director is then decide course of action.14 (name of violation )as a result of the effects of the contempt, discrimination and victimisation which caused me great distress, I lost my tv show at QVC which I had been doing since 1999.Action : compensation15 (name of violation ) Between 1999 and 2007 I gained planning permission to build an extension. The board told me I had to fulfill a set of criteria including resigning from the board, putting money on deposit, getting permission from the other directors during a physical meeting which a director told me privately they would never turn up to because they didn't want me to build which made it impossible to go ahead yet when one of the others directors wanted to extend their property in 2015 permission was gained via email, they were not required to resign and the criteria was very different. I regard this as the beginning of the victimisation and discrimination I have continuously experienced since then.Action : compensationI can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. I would invite you to put forward any proposals in this regard. In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. I look forward to hearing from you within the next 28 days. 
Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.
Yours faithfully,Thank you so much, have been fretting over this for years and feeling totally over whelmed by it all, I feel uneasy in my own home. You are part of a wonderful service. Thank you
Expert:  Nicola-mod replied 2 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 months ago.
Good morning Nicola,Thank you for your reply,How long will I need to wait?What does cancel my question mean?In case this is helpful, I had been liaising with Jamie King about this matter, she asked me to put the question in a new thread can I liaise with her again?Please get back to me as soon as possibleThank you
Customer: replied 2 months ago.
Sorry it was Jamie Law
Expert:  Nicola-mod replied 2 months ago.
Hello,
We will continue to look for a Professional to assist you. I have alerted the Expert you mentioned.
Thank you for your patience,
Nicola
Expert:  Jamie-Law replied 2 months ago.

Hello and thanks for asking for me.

Are you able to summarise please? Thanks!

Customer: replied 2 months ago.
Hi Jamie,Thank you for getting back to me, much appreciated.I would really appreciate it if you could pop in the names of the laws that I can cite as having been contravened at the beginning of each bullet point so I can send the letter before action. I have put descriptions of examples of incidents that have occurred.
Expert:  Jamie-Law replied 2 months ago.

It would be breach of contract. This is common law and therefore there is no statute.

Can I clarify anything for you about this today please?

Customer: replied 2 months ago.
Dear Jamie,No that has not answered my question , please will you put in the name of each law/statute code of practice that has been contravened /broken at the beginning of each bullet point. Please use my letter before action /question as the template and put your answers in there. Thank you, ***** ***** looking forward to hearing you.Kind regards Sarah
Expert:  Jamie-Law replied 2 months ago.

There is no law. That is because contract law (which is what this is) is common law.

Therefore there is no written Act of Parliament or Statute.

We are a common law country, so most of our laws are not Act's

Does that clarify?

Customer: replied 2 months ago.
Thank you for your reply, I am in a remote part of Ireland till Monday, so I have very limited access to the Internet. Are you positive that no laws have been broken? Please can you just double check and just WRITE A SHORT DESCRIPTION OF THE LAW AT THE BEGINNING OF EACH POINT, EVEN IF IT IS JUST SAYING CONTRACT LAW. You have already half answered the question about the cupboard : you said I had a right of access but did not say whether a law was broken when they compounded my things and changed the locks without giving me a key.What woukd satisfy me is : my 'letter before action' draft annotated by you at the beginning of each bullet point with what possible contravention the act is, for example Data Protection Act 1998 S1 3(56)I really hope this is clear, because I have been asking for this to be answered since 19/9Hope you have a good weekend
Thank you
Expert:  Jamie-Law replied 2 months ago.

What woukd satisfy me is : my 'letter before action' draft annotated by you at the beginning of each bullet point with what possible contravention the act is, for example Data Protection Act 1998 S1 3(56)

You can't do this and it can not be provided. This is because as I have said the UK is common law. Therefore breach of contract there is NO act of Parliament, like the Data Protection Act. It has evolved over time.
You just need to say that you have an implied right to use the cupboard given the length of time and by not doing so they are in breach of contract.

That is all you need to put - nothing else

Does that clarify?

Customer: replied 2 months ago.
have you read my letter before action? PLEASE READ IT.You will find different offences have occurred over time and I need to know what contraventions have occurred, you already told me I might have right of access to the cupboard. But you haven't said if there is a law or official guidance covering breaking in to contested property and confiscating my property. i feel like you are fobbing me off. My question which I have repeatedly asked since 19/9 is :please fill in the name of each law broken at the beginning of each bullet point. Would you prefer me to ring the help centre so they can translate between us? Is it that you want me to list every bullet point as a separate question? This is very urgent and I have been asking for a long time. What do I need to do to get the answer ?Thank you
Expert:  Nicola-mod replied 2 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 months ago.
Dear Nicola,I have been asking for the names of the laws that have been contravened that I mention in my letter before action since 19/9. On the 26th you informed me that the expert had decided not to answer my questions, yesterday I left a message asking if you and/or Joe could ring me.please can you ring me I need to know when I'm going to get a reply. I think that Jamie has given me incorrect information because she did not read my question. Please ring me, thank you
Expert:  Nicola-mod replied 2 months ago.
Hello,
I am a moderator, not an Expert, I am sorry but I cannot phone you.
At this point I do not think we have an Expert who can help. It was hard to find a Professional for this question to begin with; with the additional questions, it looks like detailed research into case law would be required, and this is not something Experts can provide over this platform.
I understand that does not help you and we would certainly offer a refund of the membership payment already made as you have not been satisfied.
Once again I apologise for the inconvenience,
Nicola.
Customer: replied 2 months ago.
Hi, I am most upset that 1. I wasn't told that straight away which has caused an unacceptable delay. 2. I was given inaccurate information to my question of 19/9. I have made an appointment with a solicitor to discuss the original question and also concerning the advice I have been given by your expert.I would like a full refund of £63 and £38 please?Please confirm this is possible.Thank you

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