Anyone want a job with Greenbelt. They will have to adopt the name K Richards

1.  If you were not given the full facts including full costs and facts with a copy of the contract between developer and Greenbelt to which we area a third party then it is highly unlikely a judge would find in Greenbelts favour.

2. We have dismissed Greenbelt with a 2/3rds majority petition as our entitlement under section 64 of the TCSA 2003. There is court history of this in Dundee Sheriff court.

3. We are NOT legally bound to pay anyone as the current burdens in our deeds are in direct conflict with section 3 of the TCSA 2003, this renders the burdens unenforceable. We have three legal opinions confirming this.

4. A burdened property (our homes) must have property rights over the benefitted propety (the open spaces) for the burden to be enforceable.

5. Greenblet have NOT carried out the maintenance to the specification set out in our deeds.

6. Paying Greenbelt is more than likely NOT a condition of your mortgage. Gordon Banks MP has met with the council of mortgage lenders to brief them on exactly what is going on. the people we know of who have had there mortgage lenders contacted, Greenbelt were claiming that they were leaseholders / Landlords.

7. The new property factors bill will give us much more protection and add clarification to the elements of the TCSA 2003 hence Greenbelts scathing submission to the consultation. We, as a campaing group had also made representation to the new bill.

8. The OFT have recently directed us to the unfair contract laws

SNEDDON MORRISON SOLICITORS

Dear Mr. Middleton Development at West Myreton, Menstrie – Gladedale Homes

We refer to the above and have been contacted by the various residents of the development at West Myreton in connection with the ongoing factoring charges and the dispute in relation thereto. You will be aware from the terms of this development that there were specific requirements on Greenbelt to carry out various maintenance provisions to a required standard. Our clients have confirmed that up until the point of time when they issued a petition to you removing your appointment from office the works had not been carried out to the required standards in terms of the agreement and our clients have documentation to verify this. We would also draw to your attention that your appointment under the deed of conditions by Gladedale Homes limited is illegal and is currently in breach of the Title Conditions (Scotland) Act as this creates a monopoly burden. We have raised this matter with Gladedale and requested their further comments. In any event notwithstanding the foregoing our clients had obtained a petition from the residents within the development and have obtained 75% of residents to confirm your removal from office despite only two thirds majority being required under the terms of the legislation. We note that you have refused to recognise the petition lodged with you by our clients and would ask you to confirm that you are, indeed, in receipt of the petition and that you recognise their application to remove you from office. We would request that no further invoices are issued to any of the residents at West Myreton until such times as these matters have been resolved with yourselves and Gladedale Homes Limited.We look forward to hearing from you.

Without Prejudice.

Yours faithfully

Graeme A Laird LL.B. (Hons)

Bett / Gladale are totally responsible for this fiasco on West Myerton.

They have failed to make housebuyers fully aware of land maintenance and refuse to release details of the contract between Greenbelt and Developer of which we ARE entitled to see at the time of sale. For this reason and the fact the burdens coflict with current law would make our deeds unenforceable and the developer knows this and yet are still witholding this information.

Many residents have never paid and many more have stopped paying. If it becomes unecanomical to continue Greenbelt will just pull off the estate as they have done on at least to others with high levels of none payment.

The resposibility for maintenance would then revert back to the developer who got us into this mess in the first place.

These are difficult times for the house building industry and its about time we turned our attantions on them.

An estate in England is challenging greenbelt and taking them through a tribunal.

We will support you where we can

 It appears Greenbelt are selling plots of land from estates. No mention of there maintenance obligations I bet and the residents wont get a reduction in bills at the reduced area left to maintain.

At Gryffe Castle the position now is that Greenbelt are not prepared to have anything further to do with us (which doesn’t really mean much since they did very little anyway).  The problem now is that the recent violent storm brought some trees down and has also left large branches hanging precariously so we will need to determine what the contingency is for rectification work to be done on Greenbelt land by our contractors.  The factor has said they can’t commission work but will be happy to do so in all but name so officially it will be a contract between the residents and the factor’s favoured contractor.  A bit messy but we are not prepared to live surrounded by rapidly deteriorating wooded grounds.  There is also a safety risk since the development could be cut-off if one of the larger trees fell across the driveway.

CONSULTATION ON DRAFT CODE OF CONDUCT FOR PROPERTY FACTORS

 The Scottish Government has just launched a 12 week public consultation on a Code of Conduct which will set minimum standards for the property and land management industry. 

The Code of Conduct is a key element of the Property Factors (Scotland) Act 2011, which was passed by the Scottish Parliament earlier this year.  The main aim of the Act is to create a statutory framework which will provide protection for homeowners in Scotland who receive services from property factors. 

The Act covers all sectors of the property and land management industry and when it comes into force (by 1 October 2012), all property factors will be required to comply with the Code of Conduct.  The Act will also introduce compulsory registration for property factors and a dispute resolution route for homeowners.  

The consultation will run from Monday 26 September until Friday 16 December.   The consultation document is now available on our website (http://www.scotland.gov.uk/Publications/2011/09/23151014/0 ) and we hope you will take the opportunity to respond.

 Consultation events

 During the consultation period we will hold a series of consultation workshops for property factors and for homeowners/members of the public.  The events, which will take place in a small number of centres throughout Scotland, will be free of charge and places will be available on a first-come-first-served basis.    Further details will be published shortly on the Consultation section of Scottish Government’s website (http://www.scotland.gov.uk/Consultations/Current).

Edward Friel

Highlander House

58 Waterloo Street

Independent Living

Housing Options and Support Division

(0141 271 3723

*edward.friel@scotland.gsi.gov.uk

 Had a good meeting with Gordon Banks on Friday and there is forward progress at Westminster The APPG is back up and running. We all need to support it through our MP's especially south of the boarder

We are making steady progress forward in putting an end to this Greenbelt fiasco. It is quite clear from Greenbelts actions that they are seriuosly hurting.

They are unable to collect fees through the courts, relay on heavy handed tactics and are trying very hard (without success) to disscredit campaigners who are only trying to stand up for honesty and what is right for all of us enforced consumers.

Greenbelt are now showing there desperation which clearly comes accross in there submission to the government consultation which is laughable. 

We have greenbelt in a corner and it is up to us to finish them, and this land maintenance fiasco once and for all.

The legally,  our burdens are on very unstable ground and this is why Greenbelt dont actually persue through the courts.

They claim a huge victory at Perth but that went in Greenbelts favour ONLY due to a lack of admissible evidence. Greenbelt had to foot the costs dispite there clim against Mr Forbes.

Greenhome a part of Greenbelt Holdings is currently being sued by some residents.

We have 4 legal opinions and the support of an eminant QC. and in the light of this we are almost ready to throw the final punch.

In the comming months I will be issuing a statement outlining our legal case which WILL include and benefit ALL Scottish estates. This will require funding and once we have this legal path mapped.out. It is suggested that instead of paying Greenbelt, donate some of their fees to out fight.

At this time, we are only looking to collect a notification of interest, so please send this via feedback as this info will NOT be published and remain confidential

Following the publication of the three legal opinions I have with the help of some legal peolpe been looking into the burdens in some depth.

It appears that Greenbelts business model is on extreamly unstable ground with rgards to the legallity of the burdens.

Not only is our deeds in direct conflict with section 3 of the Title Conditions of Scotland Act 2003, but there are a number of other legal areas open to serious question and in particular in the relationship between the  benifited property and burdened propery. A burdened property (ie. our homes)  MUST have property rights over the bensfited property (ie. the land) for the burden to be enforceable. and we have NO property rights. There is case law on this element unlike the TCSA 2003.

Greenbelts legal advisors MUST have brought these areas of concern to Greenbelts notice especially when the TCSA 2003 came in. One of these eminant professors is the same one that has provided me with valuable information.

Have you ever asked why they DONT take people to court ? Pick on the elderly and more vunerable. Continue to pressurise people for paying for a service often not deliverd yet dont use the proper channels to collect so called debt.

I am in the process in putting  a case together for the courts as we have to stop this huge money making rip off. When I have the legal framework in place we will be fundraising throughout scotland to bring an end to this for all Scottish estates.

It is suggested that rather than pay Greenbelt, donate the fees to the legal case that will end this. 

People power influenced Burtons removal from Which and helped prevent a successful application to the consumer Association.

People power CAN end this rip off.

 An interesting artical on the Pevril Action web site on modern day feudalisum. There is also details of the fraud act 2006

 Greenbelt it the headlines again fo non delivery and what a lame excuse and hardly believeable

 Greenbelt have taken on a freelance debt collector Gerry McQuaid.

He comes into there office late afternoon and is phoning people at home.

Mr McQuaid is paid a 25% commission only for any debt collected and is comming across in an aggresive maner.

Our advice is NOT TO SPEEK to him, just put the phone down and  record the time and date of the phone call. If you feel you have to speek to him tell him the bill is in dispute and then put the phone down.

It is an offence to continually phone people at home over a debt.

Also contact your MP and MSP and complain you are being harassed.

There is a perfectly good court system to settle disputes over  money and that is the correct way to go about it. But then there is a large question mark over the enforceability of the burden and we DO NOT have a contract with Greenbelt. This has been supported by three legal opinions that I have in my possetion, one of which has been produced by the eminant professor in property law that Beveridge claims to advised Greenbelt.

If Greenbelt were in a strong legal position they would not employ these tactics and let debt build up over the years, some havnt paid for 8 years.

Remember a debt CANNOT be collected even through the courts after 5 years.

Guidence on debt collection attached to this link where there is method of reporting underhand debt collection.

Carry on McQuaid And we will sue you for harassment

 In Scotland we have some protection in law with the Title Conditions of Scotland Act 2003.  Although this gives us an element of protection Greenbelt and developers choose to ignore this act. However this is stopping Greenbelt collecting fees through the courts from those who wont pay due to there business model being in contravention of this act.

Elsewhere in the UK you have no such protection and Greenbelts business model is growing like a cancer. Why should you pay land maintenance fees on top of your council tax while other estates dont. What makes this even worse is that often the required maintenance is not delivered to spec.

Gordon Bank MP is in the process of re-forming the APPG in westminster which has carried out extensive investigations into land maintenance companies.

If you wish to kill off this cancer we all must put pressure on our MP's to sign up to this group by showing an interest to Gordon. he is interested in Tory / Lib Dem MP's in particular. 

At the moment these fees only run to about £200 per year and often for not much in return. If nothing is done then fees will rise close to the levels of council tax and you still wont get the required service.

Why? because they can, and you cant get rid of them.

Do you really want to be paying two council taxes while other home owners dont.