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Dave421

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  1. This! Wanted to explain it a bit more this the long post but to cut it short. - friend got a BTL with no intention of letting, just letting me live there and pay MG. Unofficially once I'd paid MG and it's put in my name, I give them 10k as a thanks. - it was purely on a hypothetical basis with q's. I signed tenancy agreement once it was all done and I was informed about BTL. What's the tale honeybee13 ? Would you like to see a copy of the tenancy agreement and text messages putting validity to what I'm saying? I'm just curious about the whole thing. Who knows in future I might be in a similar position myself. It's just interesting to advance my understanding. Message me and I'll be happy to show the evidence of my so called "convoluted tales" that you have chosen to moan about. Thanks to everyone else that's responded. It's evidently not convoluted for all.
  2. My semi guess by the way is my friend has committed fraud? But only the sort of fraud that would be bought to notice if payment discrepancies happened. Such as if someone lied about how much they earned a month to get extra credit. Although it's fraud, it will only be enforced if the person misses payments and more detailed checks are made (which then uncovers said fraud). In this case though the tenancy agreement could play a part? Fraud by mouth? Seen as a friend just renting to a friend via buy to let? If I'm technically legally a tennant based on the tenancy agreement being signed, would evidence to the contrary be legally enforceable?
  3. One of my passions has been legal issues, I know a lot about various things and I should really post here more but have been so busy, often I only come here for advice. A strange legal issue I wasn't to understand more of are the legalities and even the potentially consequences of a potential but to let misuse with my friend. A very good friend wanted to help me get on the property ladder but perhaps in an unofficial way. With my standing, even though I'm a business owner I just have no chance. I only knew this after that my friend applied for a buy to let mortgage (really I didn't know, they said about the idea as a general mortgage). The plan is and still will be that I cover all mortgage payments, all maintenance to the house and after once mortgage is paid off, I give them 10k as a thanks and that's that. I just want to know about some of the laws surrounding this and what my friend has done for me (no intention to shaft them, they are a top friend, I just want to add the legalities to my knowledge bank). So... Firstly. Buy to let is, well, a mortgage where someone pays if off and even profits via a tennant. I, as they've even said only pay mortgage payments plus all maintenance of the property. So firstly. Mortgage companies on this basis may not be happy if they knew, but I'm seen as a tennant paying rent and the mortgage payments are down to the owner? Via my money? Is it breaking the law by them not disclosing this arrangement in advance? Or is it just nothing a mortgage provider would care about? Let's say for example, I stopped paying my friend. Would same rules apply as being a tennant? Legally what would be the situation? Applying to courts for eviction? Would that still work the same way whereas even though I did sign a tenancy agreement, I have proof of our unofficial agreement. Would things always revert back to the tenancy agreement I signed? Aka still subject to same eviction laws. If the mortgage company found out, my friend would have to repay the part of the mortgage they owe in full within a certain time? If I didn't pay the "rent" would that mean typical legal action and then if I showed that the agreement was more about me paying to own the house, would it trump a tenancy agreement in the eyes of the law? My friend has been awesome and they've put themselves on the line potentially to help me. So make no mistake, every last penny will go to them and more. I'm just wondering about the legalities out of interest and also posting here may help someone who is in a similar situation (unlikely that they are) but you never know what searches are made online. Cheers all, let's have the knowledge bank filled further.
  4. Just to update you all (thanks for the posts by the way). I wasn't the main person in charge of buying but from what I gather, this debt wasn't on the land registry. The seller didn't disclose it and when we found out about it via local council searches, they agreed that on completion of the sale, they would cover it. All done now and I'm moved in.
  5. Eurgh, it's a total nightmare. So, After the worst experience of my life ever (house buying), with more stress and worries than I've ever had to encounter, finally, an offer is accepted on a property as of nearly 2 months ago. Great!!! It's way over what I wanted to pay to move somewhere, it needs more work doing to it (more replacing outdated things such as the kitchen and bathroom) than hoped for and it's taken way longer than expected. After several mini bombshells, the big one finally happens just weeks away from the estimated move date. After the council searches were done, it came back that the previous owner was provided a council disability grant (DFG) to have work done to the property. The terms being that if they sold the property within 5 years of the work being completed, then the full amount is repayable, almost £10,000. The owner died and their daughter put the property on the market. Annoyingly after these searches it's just 10 months until the 5 year period. Am I correct in thinking that even if the owner at the time of the works died (and didn't just sell up), the amount will still be repayable regardless? I can't put into words how desperate I am to get this move done (I'm homeless sofa surfing, health is on the decline, it's bad times). If it's right that regardless of a death it has to be repaid, isn't it fair to say that I will probably have to pay it to avoid the sale falling through? As the current owner would only have to wait a few more months before putting it on the market again and having no DFG to repay. Solicitor is on the case of finding out, but as always they are incredibly slow and with it being the weekend, I can't just spend 2 days sitting around not having any clue about what could happen.
  6. I totally agree though, couriers do have an obligation but so do senders. If I were to send 20kg of cocaine and it was seized, does that mean the courier is liable? If it's black and white then you can only hold your hands up. In this case, the entire business of shipping was in globalauctioneers hands. Forced with no choice... a la... Pay for won lots in 48 hours, if you don't then winning lots are re-lotted and you can expect a ban on i-bidder platform. And now stranger still... if you pay for lots... yet fail to accept and pay their postage request (whatever amount it may be) then you "forfeit" won lots and get nothing. People may say, why bother? Well I've had Givenchy Gentleman for under £15 inc delivery (it's £45+ in shops). So yes, it's worth going for a true Debenhams liquidation seller.
  7. Thanks all for the responses. As of part 1, hermes. Now the reason I might have seemed hasty was because I genuinely deal with Hermes all day long regarding parcels. When someone says about suing the courier and then mentions Hermes, I wouldn't think about looking as in my opinion (and some 500+ parcels sent that way), I've never had a relatable situation like this. Anyway to answer you in detail... I bought off i-bidder auctions. The specific business involved was globalauctioneers who are selling off liquidated Debenhams goods. You pay about an hour after the auction has ended, they forward invoice to their shipping department and get a quote for shipping (yes, to be honest they could say £10000 and according to their terms you have to pay it, otherwise forfeit already paid for lots), but it's Debenhams, so not a scam. I come along and... Well... great items. Nothing mentioned in the terms with buyer warnings to shipping. On this specific auction lots (every Friday there) next one is Global Auctioneers | Friday Mega Make-up, Cosmetics & Fragrances! 30th July 2021! WWW.I-BIDDER.COM Bid Live at Global Auctioneers's Friday Mega Make-up, Cosmetics & Fragrances! 30th July 2021! auction . I won around 10 lots (more like 8 but a few lots included multiples so 10 fragrances sent to me). As clearly indicated buyers have to forward the invoice which for a shipping quote, I did, I paid invoice for shipping....done... No idea as to what courier they choose. Just went with it, had no choice. They chose parcelforce.. Sorry, I wasn't trying to promote anything, I pasted it in, saw it went to the big banner, deleted it but it still remained. Sorry folks
  8. That's completely false info though. The contract is between the sender and the courier. The responsibility is purely on the sender. I.e... If I were to send you something and chose to dodge insurance, does that mean you lose out if it went missing? Of course not. I would have chosen to dodge insurance and if you didn't get your money back, then it's all under the consumer rights law. I sue the courier even though the sender has sent goods which breaches the couriers t and c's of compensation? If I sent a glass framed picture in the post, even though it was against the policy of the courier, but I just took a risk, does that mean if it breaks then it's tough **** and the customers problem? The senders are responsible for making sure it's within the rules of the courier and if they think it's worth the risk, having insurance, then that isn't my fault. I have to sue the courier for what? Enforcing the rules? Not turning a blind eye to a sender who disregarded their rules?
  9. Just need a bit of clarification on this. I run my own online business so I think I've got it right, but just good to have some clarification. I bought some items via ibidder auction site. Typically trade and liquidated items for sale there. The items were men's fragrances and as I gather, auctioneers skip out of a load of the legal consumer right act jargon (from what I recall). Anyway. Several of these fragrances arrived smashed to bits. I logged it with the auction house with all photo's and evidence, and the staff responding even agreed with me that it was clearly damaged in transit. Anyway, rather than refund me right away or ask me to return said damaged items to get a refund (as should happen right? After all, they pay insurance for their own benefit, to protect themselves as the sender), they put a claim in without refunding me. It's like they have been waiting for compensation to pay me, and if that didn't happen, it's no money for me. To stop this getting long, the courier refused the claim because the items they sent were prohibited. Terms state anything made partly of wholly of glass won't be compensated and even so, fragrance rules is no more than 4 per parcel (they sent me around 10). Of course that's not my fault, they are responsible for shipment of goods and if they choose to cut corners, then regardless of it being trade lots, that's on them, not me. They've breached compensation terms of the courier and yet because of them not getting compensation, they wont give me my money back, even though they agreed from the evidence that items were clearly damaged in transit. My thoughts on this (please tell me if I'm wrong): First port of call as they aren't forthcoming via emails is to put the pressure on them. Truthful bad reviews on sites like trustpilot will surely make them want to do the right thing? (That step is already done, by all means I'm happy to hear that I was wrong or it was stupid). If that fails then it's down to an LBA, not just for the amount lost out on but also for loss of value of other items in the package (glass, liquid damage to those items reducing the value) and reasonable hours lost where instead of putting into my own business, I've been dealing with them. The sum is low, some £50 or so. Yet it's the principal. I have to deal with customers day in, day out and if I cut corners by not fully insuring shipments, then it's me who takes the brunt and has to refund the customer anyway, so why should another businesses risk mean I've lost out? Thanks
  10. Thanks so much for the reply. I really appreciate it. Indeed her sister is the gunpowder in all of this. Under normal circumstances without her being involved, with the matter being between me and my grandmother, it would have been as simple as me phoning her to ask if it's fine to come an collect me things on a certain date, she would have been happy with that and said yes, then I would have gone there with a van and gone round with her pointing out what's mine and if she agrees, taking it with me. I feel if anything, she is intimidated by her sister and it's her sister putting words in her mouth. I've witnessed it myself whereby she will say to her "you must be feeling like...." and she agrees with her even if she doesn't agree. Police action was partly about a potential breach of the peace. Her sister has shown what she's like and has made threats. One of which was recently where she text my friend demanding that I collect my belongings in 2 days time with her present there and in the message she also made demands to see the will, otherwise said she will be removing my belongings herself and putting them in storage. I informed her that she has absolutely no legal bearing on this and because of the tone she's taken, I wont be attending while she is present. She then had a massive outburst by sending a barrage of lies and borderline slanderous comments of which I then told her to stop contacting me full stop. Now, what I believe the situation to be is if lengthy notice in advance is given, it's likely my grandmother will inform her sister, meaning on the day she will be present and it's likely to turn hostile especially as she's likely to bring her tall, muscular and violent son with her. If I don't provide lengthy advance notice and just phone 10 minutes before arriving, she could have been instructed by her sister to refuse us access. There's no other family to intervene with things. Certainly I'm just trying to cover all bases with possible outcomes. If I'm honest, I feel that if my friend just turns up there, knocks on the door and asks to collect my things, then my grandmother will say yes and have no problem with it at all.
  11. Hello there, I just need a bit of advice please. I lived in my grandmothers property with her and I had been subject to abuse from her but I was stuck with nowhere else to go. In very recent times, I saw her sister when she came up and to cut it short, revealed some of the abuse to her. She didn't believe me at all (because she see's my grandmother as a kind, elderly lady who wouldn't do anything like that) and in fact turned against me wrongly making out that me saying it to her is trying to cause trouble for my grandmother. She was really quite nasty and I vacated the property. Luckily I've managed to go to a friends house to stay there. Now, many of my possessions are of course still at my grandmothers house. When possible I phone my grandmother to arrange a date to collect more of it and go there with a friend. This was all fine and with full agreement of my grandmother. Over the past few days, her sister has once again been involved and has made completely false claims via a text message that me and the friend turning up there is "intimidating" for my grandmother and she was making demands that I go there with her present to collect my things. She even made demands that she wants to see the will (Something she has no right to do so, no probate was needed and so it's a will for me and I don't have to show it to anyone). Her sister is actually intimidating and I can't be there when she's there due to the potential of verbal abuse from her. I not only have my belongings to collect, but I have a will to execute of my late mothers estate (she lived there and the will states I receive all of her possessions). As things stand, because of claims of feeling "intimidated" whether true or not from my grandmother, and I also feel intimidated by her sister, I don't know how to go about getting my property from there? Would this be something the police would mediate with? So on the day I decide to go there and get everything, a police officer goes round with us. My grandmother then permits us to have access to the house (if she doesn't then we go away and it's direct to court action). I then state what's mine and my grandmother agrees and I take it, or if she disagrees, I log it in an inventory sheet. Once complete, anything she has disagreed with on the day, I then present proof of ownership through the courts and take her to court so I can reclaim it. Thanks
  12. Well yeah it was all too much. I already struggle with my health and that had gone too far. As for the dummy CCTV it was pointing exactly at my driveway because all I wanted to stop was cigarette ends being thrown everywhere (as it makes me feel low because I'm embarrassed even if the posty comes and sees fag ends everywhere thinking it's me) and to stop and visitors cars who give me support being damaged. I had a call from the HA yesterday and it appears that they reported me for the camera. I explained that it's only pointing on my property (the driveway) and they said that's fine. I didn't fall out with them as such though hello12345? This all started when they scammed me out of money and I said I don't want anything to do with them anymore, so keep to their life and I will do the same. That should have been the end of matters as far as I'm concerned. Yet he was still throwing cig ends all over my driveway, dumping sand on the grass verge so cats mess over it, even walking into my back garden. All other neighbours in the area are fine with me as I've been living here for nearly 5 years. A few of which I'm on good talkative terms with. The HA have been pretty useless overall and I'm in a dark place. Someone helped me take my dog to an elderly relatives about 50 miles away as until I can find alternative accomodation, I'm not leaving the house at all.
  13. Thanks so much for the reply BankFodder. I think the thing with cameras now and stuff like that is the hassle but more importantly, the quality of life for the time being. I mean, is that going to be weeks stuck in until I've got enough evidence to submit as proof? It's pretty mashed up with law whereby before I learned a lot, I thought years ago so differently about law but then I realised what a mess it really is. I mean if I shouted abuse at them, that's my head kicked in and them getting off via a technicality or having a minimal punishment. Whereas if they shout abuse at me, I do nothing trying to be the bigger person who isn't violent at all and they decide to beat me up anyway, then same outcome. The results of the fake CCTV did mean less fag and drug ends out there and no parking in my driveway, but yeah at the expense of them calling me a "nonce" now. I don't know whats worse to be honest. The HA have as much proof as possible at the moment. The parking in my driveway, the drug and fag ends out there (I picked a load up in a dog mess bag one morning) (see pics). There's many other things but I just don't know whether they will act on them. Given the option of court for ASBO case or doing nothing and putting up with it, I don't know whats worse. Definitely after todays antics being called a "nonce" everything I leave home is just something I can't bear. I think I'm after them understanding the facts and realising that a move is the best option. They just seem to say to go to the police or do that ASB case thing yet it's all going to be bad. I don't get how they move trouble makers over and over because they've caused trouble, yet someone who is having trouble just has to put up and shut up. after being called that, its the worst with them and no more pix.pdf
  14. I'm with a housing association and recently new neighbours arrived next door. I know, potential troubles can be expected but I gave them the benefit of the doubt as I like to treat everyone as equal. To cut it all short, although things were friendly to begin with, things turned sour when they ripped me off out of money and I wanted nothing more to do with them (civil matter, I know, I walked away with lessons learned). The problems though are more than that..... - Fag ends (and spliff ends) thrown all over my property constantly. - Moving cats mess from their patch of grass out the front and dumping it on mine. - Breaking through my back gate to go and take something from my garden (trespass) - Blocking off and parking on my driveway and standing in my porch smoking drugs (trespass) - Dumping sand and gravel on my patch of grass to make cats foul on there instead of their own land (the cats treat it like kitty litter). - Doing work which encroaches onto my land. At the front extending their land past the barrier onto my pathway, filling it with stones and putting their solar lights there which flash through my front door, are annoying and it's so they can scare cats away from their land (see picture). Well I put up a dummy CCTV camera and of course a sign saying about CCTV pointing onto my driveway in order to deter this behaviour. The other day the man there collared me when I was collecting a parcel from outside asking me what my problem was as he claimed I gave him permission to extend his space out the front (I didn't). I told him it's not cool as it's on my land and went back in. After that I have avoided them altogether. I already struggle with health problems so the last thing I need is to be intimidated by them. I don't even leave my home through the front door anymore as I don't want their intimidation tactics. Earlier today was an all new low though... I double checked the man wasn't out in his garden before leaving mine through the back gate to nip to the shops. He wasn't so I went. When I came back he was in his garden though and saw me.... He started shouting abuse at me calling me a "paedophile" and a "nonce". Wholeheartedly it's not true which makes it even more upsetting. Plus shouting stuff like that can potentially cause me extra problems. Here's the dilemma: 1) Report it to the police who may have a word.... Serious repercussions will happen for me though and it's likely I will end up being beaten up. 2) Report it to the HA. I have done..... They've given me 2 options: i) They set up mediation type session which I know regardless of what happens, it will end with me being beaten up another day. ii) They start a court case ASBO thing which I will have to attend court with.... Whatever the outcome.... it will end with me being beaten up by him or one of his large family members. 3) I do nothing and literally never leave the house again (trust me, this isn't an exaggeration). The only amicable solution here is for the HA to move me, but I'm not sure if they can do this or not and what the rules are on it? Literally that's the only way because if it isn't done, my life is finished. Thanks
  15. All sorted (posting how it went for others in future) Yesterday after the notification of warehouse error, I sent an email saying about being unhappy about this 1 item being sent on its own without being presented with any option because of their mistake and having to pay full postage. No positive outcome was expected. Today to my surprise they've refunded the postage costs (this should have been done right away thus I expected a battle). Thanks again all.
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