CF allotment thief thread no 4 - Babs’s dodgy solicitor and TV producers looking to cast for the role of Penfold?

[YaMuvva]

New thread! Last one was here
www.mumsnet.com/talk/_chat/5049200-cf-allotment-thief-part-3-the-plot-thickens-and-auditions-begin-for-the-west-end-musical?page=38&reply=135136744

So a quick update.

DH dropped me off for my surgery this morning then dropped the kids at school before heading to the allotment. Babs was there gardening as were some other people on their own plots. All her crap was still there

DH went up and reminded her that she needs to be off the plot by the 20th. She said that she is awaiting advice from her solicitor to see if she can challenge us. She also said if the solicitor says she has to be off, she will be gone by the 20th but isn’t giving it up without checking if she has rights first. She did a fair bit of guilt tripping to DH about how she has spent 10 years being part of a community and having a hobby and she now has to give it all up but he held strong and told her, unless she comes back with a legitimate legal claim her property will be off the allotment by the 21st - wether it’s removed by her or by him.

However - enter Penfold stage right

Penfold is what we are calling the allotment neighbour who marched over from the other side of the plots (because that’s who he looks like). He started shouting at DH saying “You’re a bully! Fancy picking on an old lady and taking her allotment off her after all her years of hard work”. He pointed out it’s his allotment now and Penfold said that “just because your name is on a piece of paper it doesn’t give you the right to steal it off it’s rightful owner”. He then start saying “What do you know about gardening pretty boy? These allotments should be for real gardeners not pretty boys like you”

When DH told me this I laughed so hard I thought my stitches may burst 😂 DH IS very pretty but he’s also mid-40’s and hasn’t been called pretty in many many years. We are in semi-rural Yorkshire though and a man wearing a top that isn’t either blue black or white is considered a feminine.

When DH stated he does actually know about gardening, Penfold was all “Yeah right yeah right all you know about is putting your make up on” 🤣🤣 and said how these allotment owners have been around for decades he can’t just barge in and kick people out. DH said he was half expecting Penfold to say “this is a local allotment for local people”.

Then it was BABS of all people who told Penfold to STFU. Not quite those words but she said “oh do calm down Nigel”. The other plot owners just kept their heads down apparently. DH took off in the end but he is considering buying a Danger Mouse t-shirt to wear when he gardens. I’ve told him I can help him apply his make up 😂.

Anyway Babs’s words don’t exactly fill me with confidence but it’s better than flat out refusing to leave I suppose. I’m absolutely confident that legally she hasn’t a leg to stand on, but that doesn’t mean some dodgy solicitor won’t claim otherwise for a bit of easy money off her. Either way unless there is a claim that has legs (highly unlikely) DH will be round on the 21st to set up his stuff. PP were right about insane allotment owners - but we are just gonna have to lump it and not let Penfold ruin our time there.

.

I just looked up the current time in England - it’s only 6.30am for you guys whereas I’ve spent the whole of Monday waiting for an update!!! Hope it’s a positive one and Sally and Barbara have no recourse.

LOL.

Sorry this made me laugh.

Solicitors opens at 9, doctor is also calling at 9 as I need some sort of sleep medication and anti-sickness meds, my body is a mess, so as soon as I’m done with doc I’m calling solicitor

@YaMuvva Hope you feel better soon.

@YaMuvva

My surgery was a hysterectomy, I felt great yesterday morning lying in the sun but the last 18 hours has been very painful and to top it off 7yo DS leapt on me this afternoon whilst his sister was chasing him to tickle him and OMG the pain 😭

Oh OUCH!!

Hope you're hurting less today OP. 🌹

I hope the doctor's able to give you something that helps OP.

Hope you feel better soon. Had a similar op ten years ago, and the first 10 days are the worst, but then you turn a corner. You’ll be in that allotment before you know it!

I'm so invested in this now. Hope solicitor brings good news

MINOR UPDATE

Well this is a turn up for the books - Sally has well thrown Babs under the bus.

Her solicitor responded to say that she HAD told Babs verbally to vacate the plot - she has even given a date and time - 4 weeks before completion and told her the completion date to be out by. This was a conversation with no witnesses. She said because she has accessibility issues she was unable to go and check the plot herself, but she took her friend’s word for it that she would be off the plot by then.

I mean it doesn’t tally AT ALL with the “Oh it’s Barbara’s plot really” conversation I had with her but it’s very good news for us and we know Sally won’t defend Babs.

Solicitors say we can still take legal action because at the end of the day Sally still didn’t take the steps needed to properly ensure that the plot was clear, and a supposed conversation is not enough. We are gonna have a think about that, but TBH I just want the plot back, and to get better as it’s going to be a rough few months for me health wise (when I am well enough I am having a blast of radiotherapy because of pre-cancerous cells that were found, I will be absolutely fine but it will be an unpleasant summer) and I don’t especially need the stress of litigation.

The doctors have also prescribed me the meds I need, so double win today!

Thanks for the update. Sorry you are set to have a not great summer, spend lots of time watching your husband working on the allotment.

A deckchair and a Scottish fella handing you wine and strawberries seems in order. While you gaze at your allotment and plan for next year...

So - this is great news. Clearly your legal position is water tight as her solicitors have clearly advised her this is the only possible route for her to take given what's gone on the forms she signed and what is in the deeds even if 'recollections might vary' between Babs and Sally as to what's been said. It's for them to fight out now.

I did say before that I wouldn't let this go with Sally but given your current situation needing to recuperate, I'm altering this since she's clearly supportive. Get Babs off the plot and move on.

Take care op. This is so frustrating in life, when you aren't well, and then have to deal with the repercussions of someone not doing their job properly originally. You don't want the stress of legal action this summer. Is there no way round this? Can't you go back to your solicitor and she in turn goes back to the other solicitor, with a polite but curt equivalent of 'you never did you job properly, so do so now' in a more polite way?

Excellent news about Sally throwing Babs under the bus. Divide and conquer. It’s what they would do in Game of Thrones.
Babs is going to look like even more of a twat - getting free loan of an allotment for years then making things difficult for the kind person who has lent it to her by not vacating when asked. I wonder if Sally regrets loaning her the allotment. I imagine when she gave you the other version she was feeling bullied by Babs and just desperately hoping to avoid having to deal with conflict with Babs, by hoping she could get you to step back.

So, in essence, she was told last year that she needed to vacate the land (I'm not going to use the term "allotment" as it seems to confuse some that haven't read all the threads) by some time in December (assuming you completed and moved in in January)

So those few posters and Penfold who've expressed sympathy for Barbara for not being able to enjoy the fruits of her work this season are ignoring the fact that she should have left last year

CF indeed

Shameless placemarking to find out what happens on 21st May

No way did that conversation ever take place. Sally is thinking shit I didn’t even consider the allotment and is trying to avoid getting into legal trouble herself. If babs has had it for 10 years she’d probably all but forgotten about it.

but good news for you and you can now happily evict babs on 23rd as per your original letter having acted fairly.

Well Sally might be lying as she just wants done with it all & no action taking against her.

What legal action can you take?

Compensation for the plot not being immediately available?

Wishing you all the best with your recovery, you certainly have an even better position legally now regarding the allotment.

Well, then her lawyers have let her lie. It's not the OPs problem at this point though. Sally has never received payment from Babs, nothing exists in writing saying she's transferred it as a gift, it's on the deeds etc etc, she's acknowledged she's let her use it so no adverse possession scenario. Done.

I don’t think it happened either I think Sally has shit herself realising what she’s got herself into legally. DH is dying to be the one to tell Babs what Sally said, assuming she doesn’t already know

There’s a few things we can do, including claim for the legal fees because she basically didn’t deliver on her end of the bargain. Because we haven’t lost out financially by not having access to the plot it may be harder from other perspectives but we could claim for punitive damages / though this appears to be something of a grey area.

And depending what happens on 20th, if Babs tries it on and it costs us money to fight whatever BS she comes up with, we could go to claim it from Sally.

I think this is interesting - does this mean that Babs became a trespasser at the date of completion? I use trespasser, not squatter, as she is not resident on the land - but each time she goes onto the land she is trespassing? Think that can be considered a criminal act as well as a civil one? Under s61a of the Public Order Act if the trespasser has caused distress (and threatening to fight you over the land and refusing to leave would be sufficient, surely?), then it looks as though you can call the police to escort them off your property.

I’m just pleased she hasn’t decided to claim that she never knew Babs had the allotment so that she’d have an adverse possession claim.

That was my biggest worry

Technically she’s trespassing now, we are just being kind about it!
It really tricky because whilst we could physically throw her off the plot with reasonable force, she’s not committing a criminal act but if she claimed unnecessary force was used, we are. And nothing is stopping her from just coming back to the plot again and again. Worst case scenario is she spends her life refusing to budge as there are steps we can take but in reality we’d have very little power.