Notice of Dishonour & Non Acceptance
UCC 3-603, 604 & 605
Default of Contract
Due to a breech in the Universal Commercial Code there has been discontents in our Home… It’s been over a year and there are certain fundamental issues that have not been solved even after documents were given to address and highlight these issues. So at this moment I am taking the time to write the problems of distress and dissatisfactions.
Before I continue I will first state the condition of our previous living situation. We were living at Leytonstone and for over 3 months we did not have any heat. The heating system was outdated, yet the apartment was put on the market for letting. This resulted in my daughter and myself being sick. When the system was activated, toxic fumes was released in the apartment that caused headache.
We called the letting agent responsible for managing the apartment and were told they would send someone to service the problem. 30 days later a technician came and he was in shock as to the condition of the heating system. A work order was placed for the repairs by the letting agency, however, the owner wished to be cheap, so she cancelled the standing work order, because she would have to pay for the repairs.
Her reason was British Gas would be cheaper. However, several technicians of British Gas came, they too were in shock of the heating system and pointed out that this heating system needed to change for it is an environmental health hazard as well a outdated. Due to cost of the repairs, the owner cancelled that work order again.
Still we were paying rent month after month. It became so unbearable both for my family as well as the letting agency, so they cancelled their contract in representing the owner; we were now left in the cold literally. It became so unbearable that we had to move. Thus we are now in the current location of another owner who also wishes to be cheap and dishonourable to his tenants.
In responding to an advertisement of letting for working professional tenants, on a Saturday afternoon we came for a brief viewing of this location that would be our new home. There was much evidence of repairs that needed to be made so we documented some of these conditions. Also we were told that the letting agency would be the one managing the property.
We had several other homes on our list to view within the same price range of 850 pounds a month. On the following Monday we received a call from the letting agency stating that they have one other viewer and if we really want this property we should make the deposit now.
Few days later we made the initial deposit together with request that we wanted to rent the garage as well, with a 50 pounds increase of the rent this was agreed upon, and we were told by the time we moved in the garage would be clear of the owners’ personal-effects. However, upon moving out of the disaster zone we had called home and the final moment of signing the contract of agreement, we were told that the owners wished to manage the property themselves.
My wife and I looked at each other in shock but what could we do as the movers were already on location with our personal items, and most of our items were shipped from another member EU State to the UK. Now a year later we have not had the usage of the garage likewise many of our items are still stored and cluttered in the living room. On one occasion I saw someone attempting to break into our car, also the driver side mirror has been constantly flipped back by pedestrians.
*After moving in we found several other conditions of faults which one could not know about until after moving in. For instant, the kitchen area around the counter of the sink, when washing up the dishes, water would settle as well as ran off to the floor, which resulted in the floorboard of kitchen being lifted and mole conditions beneath the floorboard. After using the toilet, sometimes it takes 3 flushes for waste to go away, this is unhealthy. All the doors in the apartment are warp.
To lie on the carpet causes an irritation of the skin, due to pets living in the house previously with the owners. Twice we had fumigators responding to this problem, my daughter, my wife and myself have been bitten numerous times by fleas. Occasionally one or two will be jumping about. I saw one on 16/11/06 a year later after moving in, and a day after speaking to the citizen advisory bureau. I laughed because to get upset just bring more pressure to ones brain.
Also in the apartment… the tiles of the bathroom floor move and shift about as we walk on them, not just that but because they were unprofessionally laid and mounded as we walk on them they become cracked. Previously, they were also cracked, and the owner hired a neighbour to do the task of repair, the same technique was used to replace them, In the process of completing that repair and while the owner was standing at the entrance of the bathroom, one cracked tile was untouched.
Each time as we wiped the floor, the grout use for spacing would get lose, now as we wiped the floor the cleaning water seep between the cracks and the space. As well as this dilemma, each time we set a bath, the strip around the bathtub would lift up due to the heat of the warm water in the tub. In the downstairs living room one can view the watermarks on the ceiling situated right below the tub in the bathroom.
On the 23rd of December 2005, my daughter’s birthday, we treated the owners to a vegan meal at one of our favourite Chinese vegan restaurants. This was done as to set a good relationship between humans. To our surprise we discovered that many of the problems were known to them, for the owners had lived in the apartment prior to us moving in, yet they also put it on the market for letting.
In this pattern of dishonour, we have spoken to the owners likewise we have put our concerns in detail documentation. After several months, on a public holiday, he brought a contractor to make an assessment. One of the striking moments I recalled was due to a query of an acute observation, I asked since this is the kitchen area and there is lots of water activity so why not use tiles instead. A sharp reply was given it will cost us more.
Five months later the job had not been started, when asked to put detail information in writing as to when the job would be completed this was not done. The reason giving was… he was busy. So after stopping a rent payment to get the owners’ attention and several phone dialogues with the owner as to why he needed to see me, a face-to-face, a meeting was scheduled.
Within this meeting, while we all were having a cup of tea… we were told by the owner that he was actually undercharging himself by letting this property, and that every month he has to pay 200 pounds more on the mortgage. Being polite we smiled. He continued to state that all the necessary parts for repairs were bought; the only thing was the contractor finding the time in appearing and he will be calling him to start the job.
“More jokes were given” as he told us due to stress, he had to send his family away on vacation. After the owner agreeing to constructive repairs should be done in a timely manner, we were asked about the back rent. My personal feeling was why should we pay for dishonourable service? Objected he did… After a private conversation with my wife there was an amendment of my thoughts, still I was questioning about the repairs should be done in a timely manner.
In agreement with his desire I heard from the owner’s lips “this doesn’t have to be in writing.” What follow next was… two accounts were given to us by the owner. One account was for the new payment and the other was for account in Jamaica. Few days later, I received a phone call from the owner that yes the money was received to one account. And he understood what I had done was in the interest and moral obligation of my family.
A month later I received the contractor’s phone call. He stated that he could make an appearance in a week time around 6:30 p.m.. I really didn’t take notice of it on the hour at hand of his visit. Normally at that time, I would stop my creative task, as well as any teaching lessons with my daughter, to set her shower and start making dinner for when my wife comes home. I was bit overjoyed that finally the work was about to start.
The week came and the day finally arrived. However, my happiness was short lived, at 6:33 pm on the given day, I got a phone call. A female voice responding on behalf the contractor stated he would be late. In civil and polite manner I expressed my disappointment. After stated my upset, the representative of utter “well if you are upset the contractor don’t need to come then.”
No… no… no I replied, just expressing why call someone few minutes after the agreed time that there will be an issue of tardiness. The female made a point that caused me to say ok no problem. Then I asked if she was Jamaica. An aggressive tone was given as she refused to answer, so I stated I was Jamaican then we parted the conversation. 45 minutes later still no contractor, so I called his mobile. What follow caused a mental caution and alert.
He was ranting loudly about how I was rude to his wife and asking about if she was Jamaican, and that is his wife and no one talk to her like that, in the background of his transportation, I heard a sidekick with verbal agreement saying “yeah that’s the man wife” After some more verbal abuse from the contractor, he then replied, he the contractor does not work for me, he works for Mr. Cranston. I thanked him for his time and told him not to bother come. I then called the owner and expressed my grief. I told him my family would not be safe in such a person’s present so please find another contractor.
Few weeks later the owner and I met again, apologetic while we drank a cup of tea, the owner stated he too had saw signs of terror in the contractor’s personality. Yet when I mentioned about the timely procedure of repairs, his remarks were I was the one who stopped the contractor. I then stated he was the one who hired an unprofessional person with no sense of civil communication and it’s a reflection on him. The contractor’s reactions also caused a deep sense of fear for the safety of my family. Not only that this is not how humans should behave especially doing trade and commerce.
Acknowledging this fact he then asked me if I know any contractors. Being that my family are new residents to the UK, I stated no. Between conversations he stated that he would be on location with a contractor and he might get a polish contractor. I said fine. The owner then made a call on his mobile expressing to the person at the receiving end that he would be on location of the repairs and how soon he could start. Hanging up he said the contractor would get back to him. I asked if that was the polish contractor or the first one, he then stated the first one.
I said no, no, and no that person I don’t feel safe with, I got to especially think about the safety of my child. His pondering was what to do now for he had call the contractor telling him it’s ok to start. In an attempt to establish grace, I stated, after reading a letter of apology from the contractor, I would then consider him to be in the same present. His reply was… I was a fair man. Departing he mentioned about the capability of the contractor in writing such a letter. Pointing to his head he said he heard the contractor does not have it all together up here. After he left the thought in my head was… wow if he knows that why he hires someone like that?
Another few weeks passed, and I received a call from the owner, his message was, he was bringing another contractor to start the job and he would be visiting on a specific date. Around 7:30 pm, on the given date as I was looking after my daughter and getting ready to make meal, the doorbell rang, it was the owner and the polish contractor coming to do an inspection. My discontent was this is late for business call.
Anyway as my daughter drank her formula, I continued to cook dinner. Occasionally, I stopped what I was doing to explain in details some of the issues of my discontents as the owner showed the contractor around. By putting a new and longer screw in the hinge they repaired the door that was breaking off. They left and few more weeks passed when I received a call as to when the contractor will return.
A week after the phone call on a Tuesday morning the owner came. Good morning we greeted each other. He asked if the contractor had arrived yet. While I was pushing the refrigerator from the kitchen, my reply to him was no… that was the amount of dialogue between us that day. The contract came, and started repairs on the downstairs toilet. The face basin had a large crack so avoid danger of it falling on our legs, for months my family had not use it. Sometime there was a water leak from the pipes behind the basin.
After completion of the repairs to the toilet downstairs, he took some other measurements. I showed him some of the other area of repairs but he said the own did not speak to him about those problems. I asked if he would see the owner after? He said, “Yes for I want to get paid.” I asked how long it would take to complete the job? He told me about 2 weeks but the first few day I would not be able walk on the kitchen or bathroom floor because the adhesive must set and get hard with the tiles. I said yes I know. His reply then was when he starts is not up to him, he must give a quote to owner then the owner decides when he starts. A week and half later the owner came for a visit, that day he had a real estate investment service done. Before the agent came he told me he was waiting for the quote from the contractor.
Going on four weeks the contractor came and our concerning issues have not been addressed in a timely manner. In the recent signing of our next tenant agreement, I was given a letter by the letting agent. They had contacted the owner on our behalf in hope of getting some satisfactions of repairs. Each time we renew the lease the owner uses the letting agency, both the owner and us have to pay a fee, but if he use them for property management he would have to pay more on service charges.
Now the cost shall be more… for we have stop all financial trading until the repairs are made. A special account will be use to store the funds. In my grief to the letting agent, I mentioned about the owner asking me if I knew any contractor. Her reply was, “Earl knows we have a list of contractors to do repairs, he could have come to us.” So this game I am tired of, it saddens me when I speak to the owner now.
Medically… I have undergone several spinal injections and waiting for the next appointment for more to the left side of my neck and shoulder. The physical therapy I was attending, that has been cancelled mainly because of the stress of communicating on problems that need to be fixed and uninsured status of what’s going on with the repairs.
Since relocating from another EU State, my family and I have moved into five locations in the UK. In the process of moving each time we have searched for suitable medical facilities… doctors and dentist. My daughter’s educational process is home studies, however, soon we wish to send her to a creative institution of learning. The contract of tenancy I stated to the letting agency was long-term.
Being a creative professional these stress are great distractions and unprofessional, since living here I have produced 16 musical albums, 60 video ring tones, 60 real-music ring tones, as well as several other creative projects. Building a network of distribution requires up-most attention. My wife is a senor designer for Samsung, her working projects involve graphical interface for the mobile industry. Each time we asked the owner for data to be put in writing the replies are busy. Once he mentioned the idea of us managing the property, my reply was yes if I owned the mortgage then that would be ideal.
However such is not the case and to do such a job without compensation is a system not for me. His reactions were harsh…in saying he doesn’t like people to push him in doing anything otherwise he would get rid of it. I again asked why he doesn’t just use the letting agency in managing the property, as they should have done in the first place. The answer was, “it seems like that’s what I must do.” But by now this hasn’t come true. Once he called with a message on the amount he would have to pay them but nothing every came true.
Now I am writing this document as an affidavit on the experiences my family and I have been through. Each article of attachments shows details. However, the psychological impacts are very deep. Few weeks ago my family and I were attacked in the neighbourhood, herald at us were stones and vocals of prejudice pertaining to the colour of skin. After reported to the police, I called the owner; my query again was about the garage, the reply was he would see what he could do about it… because “it seems necessary now”
The last conversation I told the owner my wife would be speaking to him instead. As I did not wish to, for the current emotion and the tasks I must complete his dialogue would be too harmful in my creative progress. I am in the process of uploading my musical data of 329 musical tracks to Catco, which is the UK musical database for royalty disbursements. I have been patient and I have been polite, I have experienced two assaults and I still I have been polite and professional because I must focus on the future of my family. Our happiness, safety and dignity are my prime directive.
Written By Absolute Sovereign –Ank Justice SteadySpear©
