ADVISE ON EXTORTION CLAIM

Re: ADVISE ON EXTORTION CLAIM

Postby Sudynim » Thu Feb 24, 2011 11:43 am

ukmicky wrote:
Please no one suggest we pay the money to him.


That suggestion you will not get.

Why not? I'll positively recommend it. The bullying neighbour wants £2,500 to close the affair. kennywaller has a buyer ready, who knows about the history and will immediately purchase if this small obstacle is cleared away. We may think that this buyer is an exceptionally stupid person (I certainly do) but they nonetheless represent kennywaller's ticket to a new, stress-free life. Refusing to pay the ransom money at this point would indicate stubborn irrationality - buyers are scarce in the present economic climate*, and a property with a pre-installed NFH will usually lose significant value.

The buyer clearly doesn't think that the neighbour is really that bad - he's happy to move in next door to him. I imagine that he thinks this is a silly argument over nothing, and that once kennywaller has paid up and moved away, everything will be fine. Idiots like this are scarce, especially ones who have the means to buy a blighted house for full market value.

Swallow your pride and pay. Tell yourself that the buyer insisted upon this as a condition of purchase, and forget about it. Move to a new home far away, live to a ripe old age enjoying your garden and community. £2,500 is trivial, unless you invest it with emotional baggage about "winning " "losing" "surrendering" etc.

* House prices 'to fall by 20%'
http://www.guardian.co.uk/money/2011/feb/19/house-price-fall-20-per-cent
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Re: ADVISE ON EXTORTION CLAIM

Postby kennywaller » Thu Feb 24, 2011 3:04 pm

Interesting idea to "pay him off"... assuming the chap who suggested it isn't the neighbour in question!
Surely in our society there should be a Right and a Wrong though? Is it commendable to give into this creep?
My buyer evidently has a wife and young daughter - will they in time get the same hassle, abuse and threats my wife
has received?
I'm a fairly rational chap - bit too mild mannered maybe - but the options open to me seem to be Pay Up, Surrender or
Stay and Suffer. Some choice!
Kenny
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Re: ADVISE ON EXTORTION CLAIM

Postby pilman » Thu Feb 24, 2011 3:21 pm

There is an old saying "do not cut of your nose to spite your face"
or to paraphrase
"do not lose this sale because you consider the neighbour is an unscrupulous opportunist." especially if house selling will only get more difficult in the future.
"Cut and Run" is another old saying.
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Re: ADVISE ON EXTORTION CLAIM

Postby kennywaller » Thu Feb 24, 2011 3:59 pm

Another old saying is "There's no justice"!
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Re: ADVISE ON EXTORTION CLAIM

Postby Sudynim » Thu Feb 24, 2011 4:14 pm

kennywaller wrote:Another old saying is "There's no justice"!

Which is more important, Kenny?
Winning this battle with your neighbour, or moving your family to a safe and happy home?

It's a binary choice, you cannot have both.
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Re: ADVISE ON EXTORTION CLAIM

Postby mr sheen » Thu Feb 24, 2011 5:27 pm

You are in a 'no win' situation.
Enter a boundary dispute and lose the buyer and a stack of money probably to no avail.
The only winning you can do with this neighbour is to escape from him.
You seem to think that a legal dispute is based on some type of moral high-ground with a straightforward black and white Right or Wrong - not so! Everyone puts forward their case and a balance or compromise takes over as you line the pockets of third parties.

Life is precious and short and the lottery that is a legal dispute should be left to ardent gamblers since the odds cannot be clearly predicted.
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Re: ADVISE ON EXTORTION CLAIM

Postby ukmicky » Fri Feb 25, 2011 12:51 am

What if he wanted 10,000 or 20,000, when does it become wrong and beyond the point where someone should give in.

Sometimes in life when you are in the right, standing up to your principles and not not letting a bully win is more important and the right thing to do.

What would the world be like if everyone gave into the bullies.

In the end the decision is the OP,s and only can the OP decide what will be right in their situation but if it were me i wouldn't hand over a penny because whilst it may mean me moving sooner i would know that i would hate myself and it would eat away at me as i would always remember how i gave a large some of money to someone simply because he was a bully.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: ADVISE ON EXTORTION CLAIM

Postby kennywaller » Fri Feb 25, 2011 9:16 am

thank you UKMICKEY. My wife and I are of the same attitude.
I feel protective towards my wife obviously, but she is a very strong woman who
is not intimidated by this neighbour. We are both fairly resiliant, but what if this
bully had a couple of OAP's or younsters next door to him?
It is as much to the neighbours advantage that he "allows" us to move so we will see
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Re: ADVISE ON EXTORTION CLAIM

Postby ferdinand2000 » Sun Mar 13, 2011 11:42 pm

If you do offer to pay, make it an agreement, make the legal fees 50:50, and make it conditional on the sale going through.

F
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Re: ADVISE ON EXTORTION CLAIM

Postby kadgeb » Wed Jun 29, 2016 2:37 pm

pilman wrote:
If you also bought a limited company off the shelf for a cost of £30, you can transfer the area of land beyond the outer face of the fence that will be erected, to this company.
Then complete an application for first registration and send the documents to Land Registry, this land will be removed from the current title and registered with a new title number.

Issue 1000 shares at a value of £1 each when forming the limited company and then use the £1000 to pay for the cost and transfer fees for the land.
There is no tax to pay when selling part of a garden of the house that is your main residence, so use up all of the £1000 share capital, so that on becoming owner of the land, the company has this as its sole capital value.
The company will be a dormant company which the neighbour can sue whenever he wants to do so.
Its only asset is the land and as all of the shares are fully paid up, there is no further liability on this limited company.



Hello,
Can I ask how a company can be kept dormant if it has carried out a "significant transaction" by buying the land?

Thanks.
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Re: ADVISE ON EXTORTION CLAIM

Postby COGGY » Wed Jun 29, 2016 5:28 pm

Hi Kennywaller

You have my utmost sympathy. I do understand your reluctance to "pay" the neighbour. If I were in your position I would offer half the amount suggested, as a full and final settlement, take it or leave it, with the proviso mentioned before that it is subject to the sale going through and only paid on completion. The reason for this is that we have had so very much trouble with our neighbour and have indeed spent quite a large sum to protect ourselves, our property and our privacy. If you have any contact with him at all make sure you take copies and send letters so he has to sign for them, then print out his signature on line. I appreciate your reluctance to pay but believe me living next to a bad neighbour does not get any better.

Kind regards
Coggy
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Re: ADVISE ON EXTORTION CLAIM

Postby pilman » Wed Jun 29, 2016 6:17 pm

Can I ask how a company can be kept dormant if it has carried out a "significant transaction" by buying the land?
Although not totally relevant to the original thread a company that acquires land and thereafter does nothing with that land will be a dormant company after the first years accounts have been submitted showing cost of registering the company, the issue of the shares and the acquisition and registration of the land.

I would now like to amend the original sentence being commented on by kadgeb to read as follows:

"After the first year, when accounts will need to be provided to HMRC, the company will exist as a dormant company which the neighbour can sue whenever he wants to do so."

I trust that my attempt to edit my previous posting using the absolutely correct terminology will now be acceptable to anyone still following the original thread.
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