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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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Santander mortgage


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My partners ex husband took out a mortgage with abbey national 24 years ago ,

my partner moved in and her ex was working away

 

, they split a year later and he emigrated,

my partner carried on paying the mortgage from her bank not knowing it was an interest only mortgage, the lump sum is now due and we haven’t got it ,

 

we’ve phoned Santander and because of data protection they won’t discuss it with her , she has lost touch with her ex and all we know is he is in the USA somewhere,

 

what can we do ?

They won’t tell us if they are going to repossess the house or not

Edited by dx100uk
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Start looking for somewhere else to buy or rent and move out...she is not liable for the mortgage... not party to the agreement...only the EX

 

 

Andy

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So her name is on the mortgage agreement ?

We could do with some help from you.

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Didn't think so...so she has effectively been paying the mortgage for the ex for the last 24 years...she has no legal claim to the property.Plus side is she is not liable for the capital when they do repossess...they will go after the ex...if they can trace him.

We could do with some help from you.

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You would have to speak to Santander and inquire.... firstly could you get a mortgage and secondly explain what has happened...but from a Legal point...she does not exist...not on the mortgage...not with the land registry...in effect she has been squatting for the last 24 years...may be prudent to consult a Solicitor before even approaching Santander...possible rights as common law wife....and as already advised start looking for alternative accommodation.

 

They will want the Capital at the end of the term and they will repossess if not paid.

We could do with some help from you.

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Lets hope they will be prepared to add her to the mortgage account in view of her payments history...I would still check it out with a Solicitor and secure you legal position.

We could do with some help from you.

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Just a bit of an update ,

we were digging around in the loft trying to find old paperwork and we came across some paper from abbey national with my partners and her ex’s name on them regarding the %rate for first time buyers that they both had to sign ,

yet Santander say they can’t find a trace of her ,

 

could there have been a clerical error when abbey national were taken over ?

I understand it doesn’t alter the fact that we owe them the £30k initial sum

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Well at least she is on the paperwork...so thats a positive.....now you can start to negotiate options to extend or refinance

We could do with some help from you.

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Might be worthwhile doing a check on the The Land Registry also to see if shes on the deeds.

We could do with some help from you.

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Excellent.....now see what Santander are prepared to offer.

 

Most are only able to offer a further 7 years max extension if you were to convert it to Interest and Capital...so you may have to look at a total remortgage elsewhere

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My partners spoken to Santander this afternoon and they’re still saying they can find no trace of her ,what I don’t understand is if they have no trace where have the payments been going to and why has it taken them 25 years to try and make contact with her ex ? Surely they’d have tried to reposses the house before now ? They said the land Registry is no proof she has a mortgage with them even though they’re named as lenders on the document with her name on it

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Can they find trace of the account...and where and from who the payments have been coming from ?

 

You have the statement with both names and account number informing you of an interest increase.

 

The Land Registry is conformation of joint ownership of the property...which their mortgage is secured against...which they are named as lenders to the names on the deed.

 

There was a lot of information lost when Santander merged with Abbey National...we see it all the time on Bank Accounts and Credit cards.

 

https://www.google.com/search?q=a+lot+of+information+lost+when+Santander+merged+with+Abbey+National&oq=a+lot+of+information+lost+when+Santander+merged+with+Abbey+National&aqs=chrome..69i57&sourceid=chrome&ie=UTF-8

We could do with some help from you.

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They’ve asked to take all the information we have to a branch and they will fax it to the main department, the problem we have is that we don’t know what’s going on as they won’t talk to her , there has been no mail for her ex delivered to the house , the first we knew of a problem was when someone from s company called resolve came to the door looking for her ex , for all we know they could reposses the property next week when we are away on holiday

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