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1 hour ago, Cardinal Richelieu said:

You see them about the streets. Roads closed as "Fire paths" ... with massive bumps to prevent anyone driving over them. Some of them bumps are so massive I doubt a fire engine could get over them. But how the hell do they prevent fires? Or are they just to stop motorists taking a handy shortcut? 

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Is that not where the helicopters land to refuel the water tanks?

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Any solicitors on here?

We bought a house a few years ago, boiler was passed as okay on the home report, but as soon as we got the keys we discovered it would switch itself off after a couple of hours at most. Within 5 days of the purchase we got a plumber round who condemned the boiler.

Phoned our solicitor who told us a replacement would be paid for by the seller, so to go ahead. Cost us thousands for everything that needed replaced. Sent invoices to the solicitor as instructed, who continued to tell us it would be paid for by the sellers and to leave it with him.

Months later we phoned him to get an update, he claimed the sellers had now died and there were complications getting the money from the estate, and he'd let us know. Personal situations for us meant we had to leave it and focus elsewhere. He never contacted us once.

It's now been over 2 years, and I've now got the chance to go back to it. Phone calls, and written emails, to the solicitor are being ignored. He isnt guaranteed to be at his office, and works the exact same hours as me anyway.

Do I actually have any rights to get the money still?

I'll be phoning the law society on Monday anyway but just seeking advice in general tbh. Problems are a lot of the interactions were verbal over a phone.

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1 hour ago, Cardinal Richelieu said:

You see them about the streets. Roads closed as "Fire paths" ... with massive bumps to prevent anyone driving over them. Some of them bumps are so massive I doubt a fire engine could get over them. But how the hell do they prevent fires? Or are they just to stop motorists taking a handy shortcut? 

image.thumb.png.fc1761f885f594223dcae14bb1ba4907.png

Screenshot_20190519-120700_Chrome.thumb.jpg.5038f2ffce19f6c4fd3760fac0ce6fc9.jpg

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Cheers, but I don't really see why they're called Fire Paths. They should be called Emergency Vehicle Access Routes or something. Also, the one in the picture isn't too bad, but I'm pretty sure I've seen one that you'd struggle to drive a tank over. Can't remember where I saw it though. 

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1 minute ago, Cardinal Richelieu said:

Cheers, but I don't really see why they're called Fire Paths. They should be called Emergency Vehicle Access Routes or something. Also, the one in the picture isn't too bad, but I'm pretty sure I've seen one that you'd struggle to drive a tank over. Can't remember where I saw it though. 

Probably easier to fit on a sign.

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3 minutes ago, Cardinal Richelieu said:

Cheers, but I don't really see why they're called Fire Paths. They should be called Emergency Vehicle Access Routes or something. Also, the one in the picture isn't too bad, but I'm pretty sure I've seen one that you'd struggle to drive a tank over. Can't remember where I saw it though. 

Just to warn you, pelican crossings don't have real pelicans.

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16 hours ago, Mark Connolly said:

I have visitors from the south coming in a couple of weeks, one of whom has never experienced the glory of proper square/lorne/slice sausage.

So a simple question to P&B - where is the best place for me to stock up on the world's greatest breakfast roll filling?

Morrison's in-store butcher does a lovely Lorne.

 

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18 hours ago, Mark Connolly said:

I have visitors from the south coming in a couple of weeks, one of whom has never experienced the glory of proper square/lorne/slice sausage.

So a simple question to P&B - where is the best place for me to stock up on the world's greatest breakfast roll filling?

High Street family butchers are always better. Aitken's in Alloa used to a stupendous slice of lorne, either regular, with onion, or their "special". One of the things I miss most about Scotland is a Saturday morning trip to Aitken's. I think it's been taken over since I left. Hope it's just as good. Their steak pies were fucking phenomenal too.

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Cheers, but I don't really see why they're called Fire Paths. They should be called Emergency Vehicle Access Routes or something. Also, the one in the picture isn't too bad, but I'm pretty sure I've seen one that you'd struggle to drive a tank over. Can't remember where I saw it though. 

A police car is an emergency vehicle. It can’t drive over a fire path without significant damage.
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3 hours ago, Broomhill Ultra said:

How do all you P&Bers with fine musical taste pronounce Husker Du?

 

Had their music recommended to me a couple of decades ago, and was told it's pronounced "hoosker doo", due to the umlauts that you've left off. Also vaguely remember some joke about pronouncing Nirvana as "hoosker doo".

You probably had to be there.

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18 hours ago, MSU said:

High Street family butchers are always better. Aitken's in Alloa used to a stupendous slice of lorne, either regular, with onion, or their "special". One of the things I miss most about Scotland is a Saturday morning trip to Aitken's. I think it's been taken over since I left. Hope it's just as good. Their steak pies were fucking phenomenal too.

the_league_of_gentlemen_briss.jpg

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I'm needing a new passport, I *reported* my last one lost. 

Ive since found it. 

Can I take this with me to get a renewal and thus, speed up the process or am I fucked because it's supposed to be lost?

Have checked online but obviously, there isn't much there regarding this situation. The post office beside me has no idea so it's a trip in town to find out.

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4 minutes ago, Dele said:

I'm needing a new passport, I *reported* my last one lost. 

Ive since found it. 

Can I take this with me to get a renewal and thus, speed up the process or am I fucked because it's supposed to be lost?

Have checked online but obviously, there isn't much there regarding this situation. The post office beside me has no idea so it's a trip in town to find out.

Phone them and ask. 

Edited by welshbairn
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On 19/05/2019 at 12:06, RandomGuy. said:

Any solicitors on here?

We bought a house a few years ago, boiler was passed as okay on the home report, but as soon as we got the keys we discovered it would switch itself off after a couple of hours at most. Within 5 days of the purchase we got a plumber round who condemned the boiler.

Phoned our solicitor who told us a replacement would be paid for by the seller, so to go ahead. Cost us thousands for everything that needed replaced. Sent invoices to the solicitor as instructed, who continued to tell us it would be paid for by the sellers and to leave it with him.

Months later we phoned him to get an update, he claimed the sellers had now died and there were complications getting the money from the estate, and he'd let us know. Personal situations for us meant we had to leave it and focus elsewhere. He never contacted us once.

It's now been over 2 years, and I've now got the chance to go back to it. Phone calls, and written emails, to the solicitor are being ignored. He isnt guaranteed to be at his office, and works the exact same hours as me anyway.

Do I actually have any rights to get the money still?

I'll be phoning the law society on Monday anyway but just seeking advice in general tbh. Problems are a lot of the interactions were verbal over a phone.

A lot of speculation and assumption on my part, but I think it’s highly unlikely now that you’ve got any comeback against the sellers or the executors of the sellers’ estate.

I’m assuming that the Scottish Standard Clauses (Edition 2) formed part of the contract between you and the sellers, then clause 4 of the Standard Clauses is the most relevant , but clause 24 is also important.  I’m assuming also neither clause 4 nor clause 24 were amended by any of the other terms and conditions detailed in the missives.  I reckon the two year deadline mentioned in clause 24 will have passed without any court action having been raised by your solicitors on your behalf. I think it’s inconceivable that they would have taken such drastic , and potentially very expensive , steps without your specific instructions to do so.

Wouldn’t surprise me either if your solicitor failed to notify the sellers or their solicitors about the defect with the boiler within 5 working days of the date of entry. Do you know if the sellers were given the chance to arrange for the defect to be rectified in accordance with the terms of clause 4?

You’re more likely to have some sort of claim against your own solicitor, if your version of events is correct and hasn’t missed out any relevant information.  Unless your solicitor was in business as a sole trader , you might be better trying to speak to the Client Relations Partner in the firm, but  telling them that unless you hear back within a reasonable period eg one week , then you’ll have no option but to go to the Law Society.  If your solicitor was also the Client Relations Partner , then ask to speak to one of the other partners.

I’m a bit doubtful about some of your comments. For instance , I think it would be unusual for the Home Report to contain a statement that the boiler was passed as ok. 

In my view , the sellers would only have been contractually bound and obliged to meet the cost of carrying out whatever remedial action was required to rectify the specific defect you mentioned , namely the boiler switching off itself.  I don’t think you’d have been entitled to have the costs of any upgrading which went beyond the scope of rectifying that specific defect  unless perhaps the upgrading had to be carried out in order to rectify the specific defect- ( see Clauses 4.3 and 4.4 of the Standard Clauses)

Even then the sellers wouldn’t be liable for the cost of rectifying the specific defect if it turned out to be less than £300 -( see clause 26).   Probably unlikely that the plumber’s bill for even a fairly simple job would be less than £300

And the phrase “commensurate with age” in clause 4.1 would be very significant as regards a potential claim against the sellers. If , for instance the boiler was 20 years old then it could well be argued that it was “in working order commensurate with age” at the date of settlement. In other words you can’t reasonably expect an ancient boiler to be in perfect working order.

Also , the fact that your plumber condemned the boiler is , in my opinion , pretty much irrelevant  - (see clause 4.4)

Seems to me that your solicitor gave you duff advice if he told you that you would definitely be entitled to have the costs of the new boiler met by the sellers.  However , seeing as your plumber condemned the old boiler you were going to have to get a new one anyway, so it’s debatable as to whether you relied solely on your solicitor’s advice in incurring these costs.  On the other hand , maybe you went for a more expensive option in the belief that you’d be entitled to recover the costs from the seller

 

Hope this all makes some sort of sense !

PS your solicitor should have given you a copy of the Scottish Standard Clauses if it formed part of the formal offer. If you google search “Scottish Standard Clauses (Edition 2)” you should be able to get it

 

 

 

 

 

 

 

 

 

 

Edited by A96
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