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View Full Version : N/H Windmill update Simi.



Tully
23-11-06, 01:13 AM
Hi there Simi,
wondering how you are going with your lovely windmill? Any luck with your solicitor? Thinking of you and hoping you are feeling better.

simigirl75
23-11-06, 05:38 AM
Hi Tully

I just got off the phone from the solicitor. She had rung to read out the letter she is sending off today (to their solicitor). I asked for a couple of inclusions first.

I asked for her to state they aren't to return the windmill (they can pay someone else to return it). I don't want them on our property. I also stated that it be returned in the same pre inspection condition (not likely as they apparently cut it off its legs to remove it) and to have it connected back to the bore. Otherwise can't you just see them dumping it in the yard in crappy useless condition.

Now if they can't return it in the same condition and reconnect it, we will have to negoiate with them. A new windmill sounds good to me, otherwise $$$ for a new windmill sounds good too ;). I am not going to take money for a secondhand replacement value as how can you now determine how much it was worth and also can we get a good secondhand one installed for the secondhand replacement value they offer?

They are utter scums in my mind!!!! This should never have happened.

All is okay with Keith and I though Tully, thanks for asking :D


~Simone~ I love my furry ones :)
http://i15.photobucket.com/albums/a386/simigirl75/Hannahandthehorses31Aug.jpg

Lisa an Gypsie
23-11-06, 06:07 AM
Go Simmi :) you go after you rights....

Despite the cost of living, have you noticed how it remains so popular?

http://i15.photobucket.com/albums/a356/Lisaangypsie/Gemmaheadmorning.jpg

Freckles
23-11-06, 06:27 AM
I like windmills :)


Must be coz I's half Dutch

Lisa an Gypsie
23-11-06, 06:30 AM
they certainly ad a "Rustic" appeal to a place, I like them too, there is one down the road from where the nags are that squeels like a banshee when operating, I don't know how the owners put up with it (they live right next to it) you can hear it from a kilometer a way...that sound of figernails running down the blackboard but 100 times louder....ugggggg

Despite the cost of living, have you noticed how it remains so popular?

http://i15.photobucket.com/albums/a356/Lisaangypsie/Gemmaheadmorning.jpg

gg_vice
23-11-06, 06:37 AM
We are trying to buy a second-hand windmill.
(I would like to say I was in no way involved in the windmill rustling, honest Injun, Simi :-) )

simigirl75
23-11-06, 06:45 AM
Hahahaha after looking at windmill prices gg_vice, I can see why it has taken you awhile to find one. Lol I have seen the size of your trailer and it definately wouldn't fit. Now with its legs cut off, it would possibly fit in your horse float ;). One thing that would stop you though, you are honest!

Lisa, Ours wasn't a noisey windmill either lol. Hope it now sits at their place making scarey sounds at night lol.

Now I just have to wait and see what happens. Will let you know what happens next. Fingers crossed it doesn't get drawn out for some time.


~Simone~ I love my furry ones :)
http://i15.photobucket.com/albums/a386/simigirl75/Hannahandthehorses31Aug.jpg

Suzie Q
23-11-06, 07:46 AM
Go Simi Go. You know you have all of us behind you.

simigirl75
25-11-06, 09:26 AM
UPDATE, read all about it!

Okay I just got a call from our Solicitor. She was away when I rang so another solicitor wrote the letter on our behalf to the sellers' solicitor.

Apparently the lady (was a couple that sold it)rang my solicitor about taking the windmill. Apparently she spoke to the solicitor for sometime (sounds like the solicitor was happy to get off the phone from her). The solicitor wrote down everything she said, which I forgot to ask what that was lol (duh).

This lady asked for my phone number so we could work it out. I told the solicitor that I don't want to deal with this lady on the phone and would prefer to have legal representation so everything eventually agreed upon is in writing. I explained how this lady had lied to the real estate lady saying that I had agreed for her to take the windmill (after we had signed the contract with intent to purchase, yeh right!).

My solicitor said that legal representation would be a wiser suggestion but as she can't deal with it (think she handles sales etc not this type of stuff) she will give it to another solicitor there that can represent us.

Apparently he/she will ring us within a few days with a quote. Hopefully this won't be too expensive, shivers I might have to pimp out OH for some extra dosh. Hehehe just kidding Keith ;).

Fingers crossed, I really want them to learn a lesson the rude pigs and to get compensated for their deceit.

Anyone have any ideas how much the solicitor would charge (roughly)and I assume it would be per hour?


~Simone~ I love my furry ones :)
http://i15.photobucket.com/albums/a386/simigirl75/Hannahandthehorses31Aug.jpg

simigirl75
29-11-06, 08:53 AM
Arghhhh! Warning long post!!

I spoke to a solicitor about the windmill saga today (for a quote and advice). He advised me on a few options. The cheapest was to call them as they had provided their phone numbers and try to sort it out ourselves or if need be take them to small courts to get reimbursement. Otherwise pay the solicitor which will cost around $500-$800 roughly speaking for correspondance and maybe more if they don't follow through.

I said I would try to talk to them but would want any agreements in writing. Well first I spoke briefly to the lady (lets call her Jill). Jill kept lying and saying she told me at the pub when she served me by fluke, that they would be taking the windmill. This was after I had signed the contract and they had signed the agreement (we just had to get finance approval).

After Jill said I had obviously forgotten, I made it clear that I hadn't as we wanted the windmill from the start. Well the next thing the hubby (lets call him Jack) gets on the phone with no warning.

He was quite aggressive with manner and told me he wouldn't tolerate me arguing with his wife( I didn't argue but I was assertive). He told me the windmill was dangerous and it was basically condemned so they had removed it for saftey reasons. I asked him did he have anything in writing to prove this and also stated after we signed the final contract it was our property if not listed as an excluded fixture (it wasn't) and not his. He started having a go at me asking why I want it. Said he is from the old school and a hand shake is a handshake. Said we were told about it being removed and so was the real estate lady (lets call her Lee). I said no the real estate lady denied knowing anything leading up to the removal of the windmill. He said Lee was a lyer and everyone in town knew this but they thought they would give her a chance but she is a lyer and now they have been burnt by her.

He didn't think it was fair us wanting the windmill when we had gotten the block for $108 000 when they had an asking price of $120 000 and we still wanted the windmill. I told him we knew nothing about him taking the windmill and he had not put it down as an excluded fixture on his contract, so there for we wanted it back. He told me to come and get it as it had cost him money to get a truck to remove it. I said on I will not pay to get it back, you need to bring it back.

I found it very hard to talk to this guy as she tried to talk over me quite often and in an aggressive tone (that doesn't faze me am used to it at work lol). I had had enough and said " Can you please listen to me for a minute. (which he did briefly) I have avenues I can take. We can go through our solicitor to have it brought back and reinstalled to its former condition or we can go through the Small Courts and get reimbursed for any costs to have it brought back and reinstalled. Do you know that if we go down this way and you don't pay you can get a mark against your name which will most likely cause you getting finance in the future?

Well he then said "Oh you want to get nasty eh?"
I said no "We don't and that is why I am ringing we could sort it out and I expect you to bring the windmill back and have it re-installed"
He said " Well we can get nasty. We live in this town and you are going too, so we can make it nasty"!

I responded with "So you are making threats now. Well I have tried but I do not take threats lightly so you will have to deal with my solicitor from now on"

He said "No threats. I am just saying it could get nasty. We have your phone number (arghh from contract)and we will bring it back. I will phone you".

I said "No you won't phone me because like I said I don't take threats lightely so you will have to deal with my solicitor from now on"

The phone went dead.

I am taking photos tomorrow as we will be going through with the solicitor. I don't take threats from prisoners so I am not going to take his threat lightly either!

I rang Lee (R/E agent) and told her to be careful of him (he sounds a nasty type) and also to be aware of the slander. Well she wasn't impressed and told me a few things such as how at first he said she knew but then changed his mind and said we knew they were taking it. Jill's mother actually came into the R/E office and tried to get my number which she didn't give out but they obviously got it from the contract. Lee said to the mother how they had cleaned the land up and she said "Hahah no he didn't. He didn't clean it up"

So this not a nice step but I am not backing down. Tomorrow I will be seeing the local police down there and making a statement if possible of his verbal threat. Just to have it on record. Don't think they will do anything else but is okay for now.

Obviously more to the conversation but I can tell you I wasn't aggressive or demanding but I was firm. I plan to stay firm on this matter too. After his aggression and his threat, I want to make it clear before we move down there not to even consider causing us any problems!


~Simone~ I love my furry ones :)
http://i15.photobucket.com/albums/a386/simigirl75/Hannahandthehorses31Aug.jpg

Lisa an Gypsie
29-11-06, 08:59 AM
You are completely within your rights! I don't think he knows what he is dealing with here :) just tell him you have contacts and can get him locked away for good }> lol....

stick to your guns simmi :)

Despite the cost of living, have you noticed how it remains so popular?

http://i15.photobucket.com/albums/a356/Lisaangypsie/Gemmaheadmorning.jpg

Tully
29-11-06, 11:18 AM
Oh me oh my!!! One thing you must do is organise for any phonecalls from this RODENT to be recorded.Even if you have to shell out a few $$.Just in case he turns evil and you need to get a restraining order.

Probably just a big coward though.Safety issue my ar.e! Good on you Officer Simi!

Farmer Billy
29-11-06, 11:32 AM
The nerve of some people! He sounds like a real bully, he's trying to intimidate you, even though he's clearly in the wrong, what a bastard!

If he wants to make threats, I'd be letting him deal wtih the law too.

Dont give in Simi, you'll probably have it back sooner rather than later :)

gg_vice
29-11-06, 12:40 PM
Pretty sure Simi wouldn't give into some small town yokel who likes to intimidate people. Yes, report this to the police, get it on record.
Get caller ID and record all phone conversations.

PS Simi I had to eat the Tim Tams by myself !!

simigirl75
29-11-06, 02:54 PM
Awww sorry gg_vice, after I got off the phone I forgot my plans for the morning. I have to go to the block tomorrow to take pictures but will ring you and make arrangements to have a coffee. I will bring the tim tams (good excuse lol).


~Simone~ I love my furry ones :)
http://i15.photobucket.com/albums/a386/simigirl75/Hannahandthehorses31Aug.jpg

annieat4444
30-11-06, 02:06 AM
HI I would consider getting a AVO against this man he sounds like a real troublemaker, thinking he can intimidate a woman is just gutless, go to your local court and speak to them they should be able to arrange it. Threatening phone calls can be harrassment so dont let it get any worse, if you get a phone call from him call the police straight away, (record the time and date).

I had a threatening phone call at work once from a neighbour we were having trouble with, it really shook me up so I went to the police and then to court and had an AVO put on him for 12 months.

Suzie Q
30-11-06, 03:46 AM
Good luck Simigirl.