Author Topic: all you legal eagles, advice please  (Read 1321 times)

manicscousers

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all you legal eagles, advice please
« on: October 22, 2007, 18:10:03 »
as many of you know, we are in constant dispute with the club, they lease the land from the council, we rent it from them
they've recently changed our payment to 'donation'
our letters, addressed to our association, are opened by them, they say they are entitled to do this
we have received our grant cheque, this was opened and passed over to us
they've asked us to get the invoices made out to them so they can get the v.a.t. back and anything we've bought, it is a asset for them, if they go belly up, our assets are forfeit !!!!
help  :o ???
« Last Edit: October 22, 2007, 18:47:38 by manicscousers »

Rhubarb Thrasher

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Re: all you legal eagles, advice please
« Reply #1 on: October 22, 2007, 18:56:39 »
presumably if your fees are a "donation" rather than a required payment then their responsibilities to you legally are much reduced. You should perhaps find out what they would try to do if you witheld paying the "donation", just to establish that it's not a donation at all, but compulsory, and take it from there

manicscousers

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Re: all you legal eagles, advice please
« Reply #2 on: October 22, 2007, 18:58:59 »
that's what we're going to do in december, we have committed to , as we thought, rent for this year, next year will change  >:(
apart from anything else, they sent a bill !!

SMP1704

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Re: all you legal eagles, advice please
« Reply #3 on: October 22, 2007, 19:40:00 »
Hi Manics

I'm definately not a legal beagle - but have a few thoughts anyway!

Have you spoken to the CAB for advice or even to the Council about the post and donation issue.

This asset thing is worrying and a definate 'try-on'.  We all rent our plots from someone but no-one else to submit their invoices to the landlord!!!

I know that we all want to get along with people and avoid conflict where ever possible..........BUT...........I don't think this is about avoiding conflict, just plain standing up for your rights.

Your association has nothing to do with the Cricket/rugby??? club, other than as landlord/tenant and that needs to be spelt out to them loud and clear.  I am sure that the CAB could help you. 

First step to being assertive is to know what your rights are.

Keep us posted.

redimp

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Re: all you legal eagles, advice please
« Reply #4 on: October 22, 2007, 19:57:45 »
Donations are voluntary.  Are they saying that you can remain where you are even if you don't pay?  If not, it is rent and it does not matter what they call it.  If they are a charity, they won't pay tax on rent or donations.  If they are not a charity and they are calling it a donation, but it is rent in all but name, to avoid tax (not sure on the strict legalities here as it 6 years since I worked in law) then they will probably be committing fraud.
Lotty @ Lincoln (Lat:53.24, Long:-0.52, HASL:30m)

http://www.abicabeauty

manicscousers

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Re: all you legal eagles, advice please
« Reply #5 on: October 22, 2007, 20:47:55 »
thanks for all you advice which we are collecting, before we take action

Barnowl

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Re: all you legal eagles, advice please
« Reply #6 on: October 23, 2007, 13:04:40 »
I believe it is illegal to open post addressed to someone else:

Regulation of Investigatory Powers Act 2000.

Quite simply, it is an offence to open, destroy, hide or delay any post that is addressed to someone else. Post cannot be opened if it is to the addressee's detriment and without reasonable excuse. Reasonable excuse is not defined by the Act. This means the explanation for withholding post may not stand up in court.

 

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