National Grid ........ backdated wayleaves

[Treacle Sponge]

We have a pylon on our land for which we have not received owner/occupier payments for 11 years. On investigation, National Grid confirmed that they stopped payments in 2005 for no apparent reason. They have sent us a cheque to cover the last 6 years (it works out at an average of £114/annum) but smugly say that they won't go back further than that and it is our fault for not telling them that they had ceased payment.

Granted, we have slipped up but surely a debt is a debt? They don't dispute that they owe us for the remaining years but they have no intentions of paying.

 

[Trying]

Same for me and one pole we realised we weren't getting paid for. It's 6 years so your not alone if it's any consolation.

 

[beefandsleep]

Smugly tell them as they breached their agreement the way leave no longer applies and renegotiate the payment?

 

[Treacle Sponge]

Smugly tell them as they breached their agreement the way leave no longer applies and renegotiate the payment?

Oooh.... good thinking. Maybe I shouldn't have banked the cheque they sent to cover the last 6 years? I suppose you could say that it covered the first 6 years and there are still 5 outstanding to bring it up to date.

 

[joe soapy]

Do you have the original wayleave?.
It might be that you can give them 6 mts to take their pylons down and clear the site.
Formal notice will focus their mind.
The day has gone where it was almost thought as for the public benefit, now its privatised
and there is a wave of money flowing along these lines, which we are not getting our fair share.
They are here now getting ready for a major upgrade, My reaction is to get the new agreements sorted, then we will talk about access but i been over ruled for a while. At the moment they are following a very familiar script, Send in a Silver tongued , very reasonable person promising whatever he thinks will
get them an easy entry, once work starts his phone will no longer take calls, his successor,
if the script is followed will be the hard man denying anything not written down was ever discussed

 

[milkloss]

Watching with interest as I have a cheque here written to the old partnership from when the old duffer was still alive. I spoke to an Indian sounding lady that quite frankly didn't help very much but said to send an email stating the cheque value and reference numbers and they'll reissue it. I asked if there were any previous cheques U cashed (there should be at least 2 years) and she said she couldn't tell me. The email will asking for copies of any wayleaves and any unpaid rent forwarded forthwith.

 

[JCMaloney]

If they have admitted in writing that they haven`t paid pre 2010 then send them an invoice related to that letter and off you go.

 

[milkloss]

If they have admitted in writing that they haven`t paid pre 2010 then send them an invoice related to that letter and off you go.

I suppose similar to the old leccy bill argument: anything domestic over 6 years old they can't bill you for but for a business they can go as far back as they like. Been there.

 

[Treacle Sponge]

Watching with interest as I have a cheque here written to the old partnership from when the old duffer was still alive. I spoke to an Indian sounding lady that quite frankly didn't help very much but said to send an email stating the cheque value and reference numbers and they'll reissue it. I asked if there were any previous cheques U cashed (there should be at least 2 years) and she said she couldn't tell me. The email will asking for copies of any wayleaves and any unpaid rent forwarded forthwith.

Good luck with that.

 

[Treacle Sponge]

If they have admitted in writing that they haven`t paid pre 2010 then send them an invoice related to that letter and off you go.

It was admitted over the telephone but nothing has been written. They sent the cheque without paperwork. You are quite right .....I shall ask for details of the payment calculation and take it from there.

 

[Treacle Sponge]

Do you have the original wayleave?.
It might be that you can give them 6 mts to take their pylons down and clear the site.
Formal notice will focus their mind.
The day has gone where it was almost thought as for the public benefit, now its privatised
and there is a wave of money flowing along these lines, which we are not getting our fair share.
They are here now getting ready for a major upgrade, My reaction is to get the new agreements sorted, then we will talk about access but i been over ruled for a while. At the moment they are following a very familiar script, Send in a Silver tongued , very reasonable person promising whatever he thinks will
get them an easy entry, once work starts his phone will no longer take calls, his successor,
if the script is followed will be the hard man denying anything not written down was ever discussed

Thank you for the advice.
That would certainly get their attention. We don't have the original wayleave as father-in-law only relinquished the farm paperwork when he had suffered a few strokes and it had got far beyond him. Past years' accounts, drainage maps, the odd log book and his wife's driving license all met their end on the farm bonfire.
The National Grid have e mailed a copy of a map which shows the pylon location and father-in-law's signature, so there's a starting point.

 

[joe soapy]

Thank you for the advice.
That would certainly get their attention. We don't have the original wayleave as father-in-law only relinquished the farm paperwork when he had suffered a few strokes and it had got far beyond him. Past years' accounts, drainage maps, the odd log book and his wife's driving license all met their end on the farm bonfire.
The National Grid have e mailed a copy of a map which shows the pylon location and father-in-law's signature, so there's a starting point.

bet they used a generic terms and condition form and filled in the blanks.
Might have one here from 63

 

[franklin]

Limitations Act (1980) - thats what bars you getting more than the 6 years. Do you really want the hassle of telling them to sod off? They wont forget when you ring up to ask for a new supply later. Just take the money.

 

[llamedos]

Seem to recall a post on here from an article by CLA about backdated claims and there being a limit, also if taking a one off payment you cant later tell them to go, done a quick search but cant find relevant article.

 

[Treacle Sponge]

Limitations Act (1980) - thats what bars you getting more than the 6 years. Do you really want the hassle of telling them to sod off? They wont forget when you ring up to ask for a new supply later. Just take the money.

Maybe. It would have been nice to have an apology and compensation for all the years missed, not just the ones they are legally obliged to pay for.

 

[milkloss]

Limitations Act (1980) - thats what bars you getting more than the 6 years. Do you really want the hassle of telling them to sod off? They wont forget when you ring up to ask for a new supply later. Just take the money.

There's a belief you'll get special treatment if you have equipment but my experience shows otherwise. I'd suggest to be as awkward as you can because they won't give anything away if they can help it at all.

 

[Treacle Sponge]

There's a belief you'll get special treatment if you have equipment but my experience shows otherwise. I'd suggest to be as awkward as you can because they won't give anything away if they can help it at all.

I'm sure you are right.

 

[JR.]

Limitations Act (1980) - thats what bars you getting more than the 6 years. Do you really want the hassle of telling them to sod off? They wont forget when you ring up to ask for a new supply later. Just take the money.

Spot on - have done a bit of this type of work and come up against this. From recollection 6 years from the date you notify them.

If it's a pylon I would think it's an easement not a terminable wayleave like the pole lines are.

 

[Forever Fendt]

Maybe. It would have been nice to have an apology and compensation for all the years missed, not just the ones they are legally obliged to pay for.

a bit unfair as they issue payment as and when and not on demand,claim interest on the unpaid amount it will add upto a lot for late payment

 

[tepapa]

Are they payment rates negotiable? Or is a pole in field is worth x and pole in hedge worth y etc?