From: feldmeier & feldmeier
Date: 21 June 2012 22:44
Subject: Re: THE FELDMEIER FAMILY ORDEALS
To:
*We have been without our belongings/Possessions/property since 2008.........the council contractors would not allow access no return when we were in a position (re-housed) to have our enitire home contents/life time possessions back!......
To give a clearer idea of the facts....I have cut n paste some of what I had drafted a while back when the Council contractors kept harassing blackmailling my mother for money (WE DONT OWE ANYTHING WHATSOEVER!!) and they used THREE SETS OF SOLICITORS (WHO DID NOT REALISE THIS WAS NOT A STRAIGHT FORWARD CASE OF A DEBT!...etc.......and I managed to get all three not to carry out their threats of taking us to court etc etc....by making them away of the bigger picture/true facts of the matter.........
Thank you again!
Nadia Feldmeier
{assress redacted}
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IN AND FOR THE PUBLIC INTEREST
LOCAL COUNCIL CONTRACTORS WITHOLD LIFE-TIME-POSSESSIONS OF VULNERABLE DISABLED,SERIOUSLY ILL ELDERLY LADY...
I am writing with regard to a open and shut case which is very black and white - there is no shades of grey here.
The Disability Law Commission have said,There is enough to bring a DISABLITY DISCRIMINATION CLAIM AGAINST
Masons et al.
Regarding the conduct of a local Removal/Storage company MASONS MOVING GROUP LTD,
Whom are the most expensive firm in the UK .
By virtue of the 'Understanding' they have with the THE LOCAL COUNCIL Masons' are highly paid by the tax payer!
They are a DANGER to the homeless,
Have acted above the law. As this case shows,a gross abuse of UNJUST ENRICHMENT,BLACKMAIL,WITHOLDING OF ESSENTIAL POSSESSIONS etc...
BRIEF CHRONOLOGY
------------------------------
1.My seriously ill disabled mother & I (I am main and only full time carer) (became homeless through no fault of our own etc)
The Local Council said we would have to make landlord (estate Agent) evict us,ie execute the warrant for eviction/possession before they would accept us as legally homeless (under the Homelessness Act 2002)
N.B Estate Agent (Had at that point rented the property for seven and half years without Incident told us (evidenced) Landlord (Local Councillor) is happy for you to stay if you can just bring your arrears up todate....
NB.We were in Private accomodation as gross medical negligence rendered my grandmother in a 24/7 vegative state and we had to take reciept of a Hoist,Hospital Bed and all manner of large equipment.I nursed my grandmother (PAID/DWP) and was carer (UNPAID) to my disabled ill mother round the clock,all without no days/hours etc off and no help (surviving on a low income bracket Income support/Carers allowence)...... according to Housing we were "Amply Housed" and the disabled friendly property although Ideal for my mothers needs,was too expensive and we had to use all our benefits to pay huge shortfall for seven and half years.............I bidded for properties but were never granted them as Council said there is no priority to give us one as amply housed does not make them treat us with priority etc...........Local Authority could of prevented Homlessness but did not.....(This caused massive hardship and torture for my disabled seriously ill mother etc)
2.We were forced under duress to make Estate Agent evict us and Barry Council,said they would help us then under The Homelessness Act 2002) they placed all our belongings whilst homeless with MASONS MOVING GROUP LTD for SAFE KEEPING.
3.Once,no longer Homeless,Masons Ltd denied ACCESS and the RETURN of our property,furnishings,personal irreplaceable effects....now been over two years plus without all our essential belongings including PASSPORTS,ORIGINAL BIRTH CERTIFICATES ETC ETC ETC ETC ETC
Masons Moving Group Ltd begain threatening my mother to sign a contract.........we declined to sign the contract.....they began harassing her for £330 every month.....my mother is on DLA and has several life threatening conditions to contend with,not to mention no disposable income......whatsoever....
3.STILL UNLAWFULLY WITHOLDING everything! (and I do mean everything!) ORIGINAL BIRTH/DEATH CERTIFICATES PASSPORTS ETC
4.CAUSING EXTREME HARDSHIP ABJECT POVERTY & SUFFERING ABSOLUTE AGONY TRAUMATISATION/ ANGUISH!.
WE HAVE NO SOFA!,nor armchairs etc WE HAVE NO BEDS!...............
SLEEPING ON FLOOR!(Blow up airbeds).SITTING ON METAL GARDEN CHAIRS,NO WASHING MACHINE (washing by hand) etc
i.e.
*ORIGINAL BIRTH CERTIFICATES!!,
*DEATH CERTIFICATES!!,
*PASSPORTS!!,
*HUMAN REMAINS!!...
*MARRIGE CERTIFICATES
*NATIONALIZATION PAPERS
*ORIGINAL SEPIA/COLOUR PHOTOGRAPHS:
[ALL OUR LIVING AND DECEASED LOVED ONES]
PHOTOGRAPHS OF MY LIBYAN FATHER,WHOM I HAVE NEVER MET!]
[LETTERS FROM HIM]
*[PHOTOGRAPHS OF MY MOTHERS BROTHER,WHOM SHE HAS NEVER MET!]
*PHOTOGRAPHS OF ALL OF OUR ANCESTORS AND MORE RECENT RELATIVES
*FRAMED ORIGNAL PICTURES OF ALL OUR DEAD ANCESTORS!!...
*[PRIVATE LETTERS FROM MY GREAT GREAT GRANDMOTHER/GRANDFATHER ETC ETC ETC]
*WW2 VETERANS MEDALS,WEDDING RING!!,
*LARGE COLLECTION OF ORIGINAL FRAMED WATERCOLOURS & OIL PAINTINGS BY MY GRANDMOTHER R-FELDMEIER - (Priceless/Not for sale)
*1479 FAMILY TREE/ NUMEROUS ANCIENT DOCUMENTS
*HIGHLY SENSITIVE RESTRICTIVE PRIVATE NOT FOR
HUMAN CONSUMPTION FILES/MEDICAL RECORDS involving a 1962 CHILD RAPE CASE!!.INVOLVING A CHILD!!
*MEDICAL X-RAYS.
*MEDICAL RECORDS - STRICTLY RESTRICTED INFORMATION
[list is not exhaustive
It is my understanding this is a case of Unjust ENRICHMENTS (must be reversed,(law of restitution etc).
[FOR PAYMENT OF MONEY FOR A SERVICE,BY LAW,HAS TO BE CONTRACTUAL]
We are not financially liable.DECLINED TO CONTRACT.(evidenced) For the furtherance of doubt,there is no obligation on our part whatsoever.
With respect,It is my understanding, that the law of contract respects our decline,(as a fundamental requirement of contractual fairness) because under Contract Law, lack of a contract, as in this case, shows the real intentions of the parties,prevents bad faith,misunderstanding under the law of contract.
[The provisions of this Act which apply to a transaction in respect of which fees are paid for professional services applying to a CONTRACT for the supply of services for the purposes of the Act [Part II 7 Purpose of Part II (1) (2) (3) ]
Also inline with BAR Consumer Code of Conduct (CCC)
[ie.Contract -Document comprising an offer to provide removal and/or storage services at a specified price,and incorporating an Acceptance Form for completion by the customer]
Unfair conditions are against the law.We are not legally bound by a contract that does not exist!. (Not to mention It is illegal for any terms in a contract to unfairly favour the trader,how more so,in this case where there is NO CONTRACT whatsoever!.
Third firm of solicitors Masons have instructed are Blackmailing us:
QUOTE> "Pay our client sum of £3,000.00"......."goods will be made accessible to you"........etc]
With all due respect,Sharp Young & Pearce's proposal,on behalf of MASONS MOVIG GROUP LTD constitutes BLACKMAIL and committing TRESPASS TO CHATTELS - a civil and criminal offence)..It is my understanding that it is illegal & unlawful, under The Consumer Protection from Unfair Trading Regulations 2008,(or CPR's) given to consumers in Law.
The law, makes detailed provision for 'due' regard for protection afforded to us under the law....(protection under legislation that operates seperately from Contract law)
NO CONTRACT = NO LIEN = NO LAWFUL CONSENT/AUTHORIZATION = NO PERMISSION TO SELL!.
Nor continuing to withhold our property (whats left!!) (since MAY 2009)
Sharp Young & Pearce solicitors have stated
"You should be aware that If you fail to give due consideration to settlement and as a result court proceedings are issued,you could be penalised as a result","If this matter does proceed to court"......
It is our understanding that unlawful threats of court action,for the furtherence of doubt,are wholly ultra viries, ie. dependent on there being a contract: [ie contract voluntarily entered into]
Inline with, Regulation 5 (1) Unfair Terms,are NOT enforceable against the consumer...and inline with The British Association of BAR Removers - Code of Conduct BAR July 2009 Mandatory legally binding Code)
(inline with, SRA Handbook - Code of Conduct,Chapter 5,'Your client & the court 0 (5.1) You do not attempt to deceive or KNOWINGLY or recklessly mislead the court).
Any implication through the court would be a direct breach of the Solicitors code:
I have respectfully stated to them, that,standard terms or clauses or fees and charges deemed unfair by the courts *UNDER* The Office of Fair Trading (OFT) contractual legislation regulations are deemed UNFAIR by the courts and are lawfully & legally UNENFORCEABLE.
ie.a contract has to be entered knowingly,willingly,voluntarily and intentionally
Four elements of valid Contract
(1) Full Disclosure
(2) Equal Consideration
(3) Lawful Terms & Conditions
(4) Signatures of all Parties
To state otherwise is to contravene the law.
Masons Moving Group et al have brought the British Association of BAR Removers in to disrepute & The Charity The Freemasons.(whom are known for the charitable and ethical & Moral behaviour) (Queen Elizabeth II is of course the Patron of the UK Society of Freemasonry).
(Mr Gordon Mason,is local Grandmaster Freemason - worshipful lodge) I only mention,as I feel it may help if Mr Gordon Mason is reminded of his moral behaviour/charity good works....etc
" 1.9 NOT TO REFUSE TO RELEASE GOODS FOR WHICH THEY HAVE NO CONTRACTUAL LIABILITY & WHERE NO LEGAL RIGHTS (LIEN) EXISTS WHILST ACTING AS A SUBCONTRACTOR OR DESTINATION AGENT".
(BAR REMOVERS - CODE OF CONDUCT - JULY 2009 Pg 3-
(9)
EVIDENCE OF NO CONTRACT:
[From:ricci@masonsmovingroup.co.uk
To: jean_hooper95@msn.com
CC:feldmeier@btinternet.com
Date:Wed,19 August 2009 14:06:39 + 0100
"Ms Feldmeier will not sign our contract,or agree to our standard terms and conditions of contract".
G. Mason
Director]
[From:Enquiries [enquiries@masonsmovingroup.co.uk]
Sent: 06 October 2010 17:12
To:'feldmeier@btinternet.com'
Attachments: H0002.PDF; H0003.PDF;H0004.PDF;H0005.PDF
"We would like to suggest that you consider giving us your authority to sell the goods at auction","By authorizing us to do this"" please would you give our proposal your consideration"
G.Mason
Director]
When Mr G. Mason would not return goods and began BULLYING my disabled seriously ill elderly (over 60) mother so he could obtain a contract he adopted fully conscious willful intent callous (mens re) measure of forethought and planning to commit the unlawful taking of our personal property with intent to deprive the 'rightful owners/true owners') (my mother & I) of it permanently!.
N.B The minute they received a letter from AM JANE HUTT they quickly SOLD EVERYTHING!!......
Acting in an threatening & oppressive manner causing alarm and distress (Harassment) since May 2009
SELLING without permission/consent (a contract).
(sold POSSESSIONS valued over £250,000 for a pittence!! (SOLD AT AUCTION - £498 aprox intotal!!)....life time possessions,irreplaceable belongings) of a bereaved family's heritage,irreplaceable personal effects......
As STATED above,my disabled seriously ill mother (and myself) I have NO SOFA! (SITTING ON METAL GARDEN CHAIRS) NO SOFA SINCE MAY 2009!...MASONS sold it for a pittence!....(my elderly mother saved up for years to be able to purchase it!, (RRP £600) and Masons unlawfully sold it for £20
NO BEDS! MASONS LTD sold them for a pittence! (sleeping on floor (blow up air bed!) ie your client sold my disabled mothers electric bed RRP £5,000....for £5!.(and my bed for similar etc)
THIRD WINTER LOOMS WITHOUT ALL OUR GOODS....ALL OUR WINTER ITEMS MASONS HAVE,we have to cope with second hand clothes/shoes etc.THREE WINTERS WITHOUT ESSENTIAL BELONGINGS...
WE ARE NOT IN PERMANENT ACCOMODATION.
WE ARE HERE WITH NO FURNATURE WHATSOEVER.
For the record we have no assets,no savings,no property,no car, we have never owned a car,have never owned any property etc
WE DO NOT HAVE BASIC HUMAN RIGHTS NO FURNATURE!,NO SOFA,NO BEDS,NO WASHING MACHINE (Struggling to wash by hand over two years to date! ETC
I repeat, Whilst homeless the Local authority placed everything,and I do mean everything FOR SAFE KEEPING with this moving group of their choice..........(Washing machine,all appliances etc etc
Our circumstances were dire before Masons, BLED US DRY,RAPED AND PILLAGED,LOOTED STOLEN FROM US & NOW THEY ARE INTOLERABLE,I DO NOT KNOW HOW MUCH MORE OF THIS MY MOTHERS HEART CAN TAKE (HAS CARDIAC CONDITION)
[When Masons enlighted her (callously sent her two sheets of paper -Auction lists,my mother had heart attack!..I have approached the coronors office because DEATH BY STRESS is a seriously reality for her (Corporate manslaughter) and also it is my understanding that inline with the laws of England & Wales one is not permitted to have HUMAN REMAINS of a person not connected to you etc.........
My mother is so seriously traumatised by their callous actions that my mother asks all the time (non-stop) for her precious belongings,she does not have ONE PHOTOGRAPH OF HER LATE MOTHER,FATHER etc etc,NOT HER ORIGINAL BIRTH CERTIFICATES/PASSPORTS ETC
I fear for her life,she cannot go on much longer under the sustained stress her heart is labouring under,I fear MASONS MOVING GROUP LTD abhorrant abusive criminal inhumane actions will be successful in finishing her off/ killing her!.
You are,no doubt familar with,
THE HOMELESSNESS ACT 2002
THE HUMAN RIGHTS ACT 1998 (Articles 3,8,etc ECHR)
THE MISREPRESENTATION ACT 1967 (Section (1) (2) (3) )
THE HARASSMENT ACT 1997
THE FRAUD ACT 2006 (Section two,three & Four)
EQUALITY ACT 2010
TORTS (Interference with Goods) ACT 1977,(section 12-13)
THE DATA PROTECTION ACT, (Principle four)
THE ENTERPRIZE ACT 2002,(part 8).
MALICIOUS COMMUNICATIONS ACT 1988
DISABILITY DISCRIMINATION ACT
We vehemently submit Masons has breached them all! and is vicariously accountable under all of them!.
The Fraud Act 2006
----------------------
(FALSIFICATION - Mis-Recital (CONCEALMENT) Non-Recital (DECEPTION)
Deception & Concealment that they had no contract (no lien) to sell anything and not to threaten to sell/dispose of anything if we do not give our consent/authorization etc
Section 2 (Fraud by False representation) Section 3 (Fraud by failing to disclose information) Section 4 (Fraud by abuse of position)
(We submit,all three sections apply!)
1 Fraud, 1.(2) (a) 2, (b) 3, (c) 4. 2,(a) (b) (i) (ii).(2) (a ) (b).3,(4).3. (a) (b) (i) (ii).4,(a) (b) (i) (ii) (2).
The Theft Act
-------------------------
Dishonest appropriation of property belonging to another (us) with the intention of PERMANENTLY Deliberately DEPRIVING us of it........depriving Ms Feldmeier (a seriously ill disabled,elderly lady) of her ENTIRE home contents and irreplaceable personal belongings bequeathed to us!.
The Misrepresentation Act 1967
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Liability under subsection (1)(2)(3) Failure to disclose to PONTYPRIDD AUCTION that they are not lawfully legally the legal/lawful vendor etc (made false statement of fact)......NO CONTRACT...fraudulent misrepresentation.
Malicious Communications Act 1988
>>> CONTD. IN PT. 2