changed the course of our lives I had telephoned Tim Sargeant and said "I need you to tell me that this is on the level..... because Before we signed the contracts that would totally change te if it's not I will never leave you" and he gave me his assurances that it was a Done Deal and we had nothing to fear and those words haunt me to this day!
But.... why would he try and scam us without doing the deal he would be left with a pair of delipidated and redundant agricultural barns with no commercial value or chance of ever being any different. never
My name is David Jones, together with my wife I had the misfortune of entering into a contract with Tim Sargeant which changed the course of our lives and took us all the way to our banging on the door of the Supreme Court of Appeal only to be turned away.
It has to be said that albeit we had been warned that if we had entered into a contract with Tim Sargeant we would be "Shaking Hands With The Devil"..... we took no heed and why would we, our solicitors had spent months working on a contract that would benefit both of us and that contract was specific in its meaning, or so we thought!
It had taken us until now to have realised that what Tim Sargeant had done was actually Fraud.... that man had manipulated us and reneged on a contract which was specific in that the purchase of the second parcel of land with our adjoining and newly converted stable block was dependant on City & Country getting planning consent for the conversion of their barns for a "minimum of 2 Residential dwellings" and that planning consent enacted the purchase of our property and set the deal in motion.... well, that is how it was meant to be.
Even today, after all this time and without explanation Tim Sargeant still maintains that he had complied with the terms of the contract and worked done nothing wrong.... we are not really sure how that works when the contract was specific being dependant on planning approval for 2 dwellings for it to be enacted, that is exactly what they got.... 2 dwellings, so if C&C went back to the planners and tried to enhance the number of dwellings from 2 that does not alter the contracted number... it remains as specified!
Now if the abuse had stopped at that point we could have lived with it... but it didn't. We had foolishly agreed with Tim Sargeant that he could put a Restrictive Covenant (RC) on our retained land precluding agricultural livestock, save for equines, from being kept or housed within the party wall building, purely for the benefit of the planning application, but it had been agreed that the Restrictive Covenant would be dismantled once planning had been approved and at that point, whilst the RC involved both parties who had formulated the RC it was a simple process and possible.
It goes without saying that Tim Sargeant refused to remove the covenant but gave us his assurances that the RC would not be passed on to the purchasers of the barns and were naïve enough to have believed that he knew what he was talking about... okay so far no harm done at this point other than Tim Sargeant had reneged on the joint venture and we had lost out on any chance of the proposed Overage payments that had enticed us into the sale of our property but which had allowed C&C to Off Load a pair of redundant dilapidated barns that had no commercial value and very little prospect of ever getting planning approval for anything but in completing that deal Tim Sargeant had put C&C in funds to enable them to grow from little more than a back street builder, without much of a reputation into what they now describe as the UK's leading Property developer.... and all at our expense and we don't even get a mention..
Tim Sargeant, along with his fellow directors had sold the barns to private individuals to build their dream homes, C&C had claimed that it was not commercially viable for them to do the conversion themselves, presumably owing to the overage payment that we should have benefitted from, albeit we would ask why the same deal had not been extended to the purchasers of the barns with the overage obligation being passed on, but it wasn't and it's a bit late to look at that now albeit C&C should not have completed or been allowed to have completed on the purchase of our property.
Now in selling those barns from under us C&C had also passed on the obligation for the purchasers of those barns to erect a 1 metre high stock proof fence along the boundary line which was a specific measured distance of 4 metre running parallel with the party wall building. Tim Sargeant had sub divided the obligation by mirroring the Barn 2 given that the fecning obligation was dependant on the party wall building being dismantled whilst Barn 1 the fence was a requirement to sub divide the properties.
Logic would say that C&C would have erected our contracted 1 metre high stock proof fence thereby setting the boundary line for barn1... but they didn't, instead they spent far more money supplying and erecting a 2.4 metre high Heras site fence along our boundary line being a distance of 4 metres from our new neighbours boundary.
it should be pointed out and remembered that the ownership of the 4 metre srip of land was in the hands of C&C and would not become ours unless the Barn 2 Party wall building was dismantled.
It is clear that albeit Tim Sargeant had granted us a license to use that 4 metre strip of land, which was in the ownership of C&C until the party wall building was dismantled bearing in mind that their was no obligation for them to have ever dismantled that building especially as the new owners had designated it as a sports complex with swimming pool and it was not until that point that C&C were obliged to erect the 1 metre high stock fence it is clear that the deceitful fucking arse ole was playing games... why didn't they just erect the stock fence and return the 4 metres of land.
When the owners of Barn 2 got planning consent for the swimming pool and complex it became clear that the building would never be dismantled... Tim Sargeant actually wrote to the owners of Barn 1 offering to sell them the 4 metres of land that was designated to be returned to our ownership that is the type of devious decietful bastards they are.
The Barn 1 owners, the Nicol's recognised the conflict and refused the purchase but advised us of what TS was doing, when we confronted him he offered to sell us our land!
........................................
from this point its all under construction to be edited
Our dealings with Tim Sargeant have cost us over One Million Pounds and had taken many years of our lives leading us right up to banging on the doors of the Supreme Courts only to be turned away!
We had been Mugged in Broad Daylight!
But I had been warned that if I entered into a contract with Tim Sargeant then I would be "Shaking Hands with the Devil" and to our cost I didn't listen and continue to pay the price.
It is our consider opinion that Tim Sargeant had set us up for the sole purpose of acquiring our land and building to put City & Country in a position to be able to "Off Load" a Pair of Redundant Barns that had been refused planning approval for conversion to residential dwellin and had no real prospect of ever getting planning consent for them to be converted to residential dwellings and we were mugged.
Having a big sale, on-site celebrity, or other event? Be sure to announce it so everybody knows and gets excited about it.
City and Country Residential Ltd had purchased both barns along with a further detached residential dwelling known as Forest Lodge which was renovated and sold on at considerable profit..... but that is what the games about, profit, but not when it's at the expense of others by way of what could be seen as Fraudulent Misrepresentation!
City & Country had applied for planning permission to convert the Barns to Residential Dwellings. The application was vigorously opposed and rejected owing to the lack of garden space with it being a mere 1.25 metres to the fenced boundary. The main contention was the closeness of the agricultural building and livestock being housed in that building which was in our ownersh
We had been approached by Tim Sargeant and invited to enter into a joint venture with City and Country. The concept being based on our selling the company an area of land running parallel with the barns giving an area of land to use as garden space.
A further agreement had been reached which allowed for the sale of the adjoining agricultural building and in turn removed the chance of it being used for agricultural purposes making the planning approval a realistic prospect.
That agreement allowed for the purchase of the land with the purchase of the adjoining building being subject to C&C obtaining planning consent for the "Residential Conversion of a minimum of 2 Barns at which point an Overage Payment would be made on the sale of the barns for which City and Country had formulated a contractual agreement depicting the rate of remuneration for the overage payment being based on the sale of the completed barns which would have amounted to several hundred thousand pounds had the company honoured the agreement!
Tim Sargeant had asked that we allow C&C to include a Restrictive Covenant within the contract covering the use of the adjoining agricultural building along with a section of the adjoining drive of the property.
It had been claimed that the restrictive covenants would be required to secure the planning consent required for the conversion of the barns to residential dwellings and it was stressed that without which the planning application would fail... it was a specific term of our agreement that the Restrictive Covenant would never be passed across to the purchasers of the barns and would be removed by joint agreement having never been enacted and removed once the planning consent had been acquired.
Albeit the contractual agreement had been based on C&C being successful in obtaining planning approval for a minimum of two residential dwellings on the site of the pair of Essex Barns, that requirement had been satisfied and met all of the contractual criteria required to progress the development of the barns to residential properties... never the less Tim Sargeant, C&C, reneged on the deal our deal and we were cheated out of our overage payment amounting to several hundred thousand pounds.
The agreement was that once C&C had acquired planning approval for residential dwellings on both barns the Steel Framed Building would be dismantled with the 1 metre Stock fence being erected and the 4 metre strip of land returned to our ownership.
Unfortunately as soon as planning consent had been acquired for the Barn conversions Tim Sargeant put the properties on the open market offering them for sale along with the Steel Framed building that had been agreed would be dismantle...
The Building had been offered for sale without any requirement for it to be dismantled.. The purchaser Barn had bought the building to house a swimming pool and games complex which would have meant we never got our land returned.
Tim Sargeant had given instruction for Heras fencing panels to be sourced, delivered and erected the entire length of the Barn 1 boundary line for the purpose of segregating the Barn 1 property from ours. Given that the measurements depicting the Barn 1 boundary line had never been detailed the position of that boundary line was dependent on the location of the contracted 4 metre strip of land that was to be returned to our ownership. We had been invited to witness setting out of the 4 metre boundary line in association with Barn 1 which would depict the area of land to be returned to our ownership.....
Now, it doesn't take much logic to establish that given the high cost of supplying and erecting the Heras fencing panels, along with erecting and dismantling them, that cost for everything entailed would be far more than the cost of erecting the contract "Stock Proof Fence" which had to be supplied and erected..... so what was it all about, where was the logic other than to be able to hold onto the 4 metre strip of land that was not returned to our ownership until 12 years later, what was the purpose, not forgetting of course that during the time in which C&C held onto our land Tim Sargeant had offered it for sale to the owners of Barn 1 before he offered it back to ourselves..... and yes you are right in what you are thinking, "but why would Tim Sargeant do that knowing that he was contracted to return it anyway, perhaps that is why he is the CEO of City and Country Group of Companies?
We would ask that given C&C had a contractual "Duty of Care" and obligation to ensure that they could return that same 4 metres of land to our ownership albeit our neighbour had erected his 2 metre high Close Boarded Fence upon our property.... when the Heras fencing was dismantled and taken away why didn't Tim Sargeant ensure that our neighbour had erected his fence within the curtilage of his of own property and did not infringe upon our 4 metres as depicted by the boundary pegs that had been a matter of the survey that had been set out by Nick Racey as C&C land coordinator.
C&C were reliant on the property owners and their fencers honesty and integrity to have complied with the pegged out markers, C&C should have checked that the fence had been erected on the correct line to have enabled them to comply with their contractual obligations in returning our land to our ownership?
Note: The obligation for 1 metre high Stock Proof Fence that was contracted to be erected in 2003 has yet to be implemented and it is now 2019 thereby putting our neighbours and their property at risk whilst precluding us from the full use of our land.... nice one Sting, how did you ever get to be the CEO of C&C?
When Tim Sargeant was challenged on the contractual obligation for a Stock Proof Fence and it was pointed out that our livestock could easily gain access to our neighbours property we were buffed off with "We can erect another fence although we had only ever envisaged one fence that Nicol owned and you maintained"... we are not sure how that one works when Nicol was contracted to erect a 2 metre close boarded fence while at the same time C&C were contracted to erect our 1 metre high stock proof fence.
Tim Sargeant had suggested that he should be allowed to fix two strands of either straining wire or barbed wire across the face of our neighbours close boarded fence albeit without consulting with our neighbour or getting anyone's agreement.
Given that the Barn 1 fence would blow over at the slightest breeze it would not have met the requirements of a Stock Fence.
It is illogical that Barn 1 was offered for sale without a plan within the Sales Particulars showing any measurements depicting the Barn 1 boundary line.
Given that the 4 metre distance from the face of our retained building depicted the Barn 1 boundary line it beggars belief that Tim Sargeant wouldn't simply erect our contracted 1 metre high stock proof fence when Barn 1 was offered for sale... why go to all of the trouble and expense associated with the Heras fencing
It would have only needed one simple survey line from the steel framed building showing the 4 metre boundary line.
Our stock fence could have been erected and our 4 metres of land could have been returned to our ownership instead of which led to Tim Sargeant offering to sell that same 4 metres of land to our neighbours and causing irreversible damage between neighbours.... why?
"Tim.... when you sold the barns did you pass the covenants on or did you hold on to them as you said, if not we are going to have to ask you for a license to use the building for housing a group of pigs for breeding and growing weaners on?"
Tim Sargeant replied
"I don't think that we did, let me check with Howard"
Followed by
"Aren't I good to you... No we didn't so Okay, but you owe me one... they will be calling you Mr Piggy next"
Tim Sargeant wrote
"Why don't you make us an offer for the restrictive covenants, let me send you our formula for working the price out or better still if you bought our retained land you would own the restrictive covenants and you can rip them up"
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