Jump to content


  • Tweets

  • Posts

    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Divorce Debt


Likely Lass
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2316 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I'm posting this on behalf of a family friend.

 

He's a retired 72-yr-old and in the middle of a divorce

(to a Turkish lady he was married to for 9 years).

 

At one stage he thought he was going to lose the house he's lived in for 50 years and owns outright (worth 90K),

but it is looking increasingly as though he will get to keep the house

but will have to pay her between 15K and 25K

(not sure why since she's already taken his entire 25K life savings whilst they were married, but who am I to question the law).

 

He wants to know...

 

(a) Since the house is not part of the deal, can he legally give it to his daughter or at least sell it her for a trivial sum?

 

(b) If so, if his divorce payments thereafter become late, will the courts then make her give the house back even though she legally owns it?

Link to post
Share on other sites

Id be worried on who is giving the advice that he can keep the house.

Sounds like its a payoff to me.

 

She, the other half is entitled to HALF of ALL assets as they are married and all assets and property belong to both.

It matters not that she has stripped his savings. Its their money, not his and hers.

Link to post
Share on other sites

The 25K was put into a property that she now lives in over in Turkey. As for keeping his house: I'm not sure if it was the judge or his barrister but they have already had one day in court and this is where they are at currently because he had to look into two things. One was getting proof that she was lying about her income, and the other was seeing if he could get hold of a sum of money in order to not have to sell his house (it amounted to between 15-25K). I have another question. If the other half is entitled to half, how come Macca's wife "only" got 20-odd million when he's worth so much more? Not trying to be awkward, just wondering how the legal system works.

Link to post
Share on other sites

I have another question. If the other half is entitled to half, how come Macca's wife "only" got 20-odd million when he's worth so much more? Not trying to be awkward, just wondering how the legal system works.

 

Because "half each" is the starting point, and pre-supposes a number of factors.

Was there a "pre-nup"?

Did each "bring equally, materially" to the marriage?. (Giving up a promising and lucrative career, to stay at home building the family's base, is held to be contributing just as much as going out and earning lots, btw, and applies equally to either spouse!).

Link to post
Share on other sites

She may get nothing if she hasnt contributed to the marriage in any way. However that contribution may not neccessarily be tangible so cooking his tea whilst he is out at work will be enough to claim something. It wont automatically be half but that will be a starting point. Her assets and lifestyle in Turkey will be taken into account so it is unlikely he will lose his house but things like pensions will be looked at and again that may be divided to provide her with an income or the pension co may be ordered to hand over a limp sum and that will affect his pension anyway

as for the Macca divorce she shot herself in the remaining foot by saying she intened to give millions of the settlement to charity, thus proving that she didnt need the money to fund her lifestyle.

Link to post
Share on other sites

Thanks for the reply. She had nothing when they met (or at least she said she didn't) and married ten years ago. He was a factory worker but put money aside in a pension plan for years and retired 7 years ago. The judge has ruled that he has to pay £17K within three months. The papers are still being drawn up so can't tell you of the specifics. Three months seems to be a short time to find a whopping £17K. Questions: (a) Can he offer to pay x amount over a lengthy period? (b) What would happen if he doesn't pay? I realise he will be in contempt of court, but what specifically happens to a person if they don't pay?

Link to post
Share on other sites

no he has been instructed. The most obvious starting point is the pension company if he has no other assets. Other than that he can take out a loan using his house as security as he wont gte a mortgage at his age. Better off doing either of those than starting a needless fight over delaying payments as all that will do is rack up charges, coud get him improsoned for contempt and may lose his house.

If they are ordered to a eansion co can do the necessaries in about a fortnight and most of that time will be taken up on getting the necessary proof of identity. First thing he should do is ask them and if they um and ah but admit it is possible then he could go back to court for an order for sucj an arrangement. Probably cheaper than the loan interest.

 

By the way, you knew what the situation was before you posted your question, why did you hide this information? We advise on what we can see and trying to get an opinion on a posting that deliberately hides things will not get you many replies. We need to know as much as posiible, we are not here to help people break the law

Link to post
Share on other sites

I'm not sure what you mean when you say I deliberately hid something or what that something is but I apologise anyway if I have inadvertently offended you. I am very grateful for your assistance and will come back for more questions because you have been very helpful. Thank you.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...