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Avesovum

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Everything posted by Avesovum

  1. Hi All, I am in rental accomadation and the landlord wants it back. I informed virgin media that i will be moving home and would like my services transfered to my new address. When they checked my new address they said we cant cover that house as we dont have telephone lines going to it. I did a postcode check on there website and to my astonishment there telephone lines were only installed upto house number 112 and my new house number is 224 on the same street. Then they said as you are on a 12 month contract we will have to charge you £75 for early disconnection but if you take our broadband through BT we will waver that charge. "I was gobsmacked" So im having to pay £75:mad: because virgin cant supply me with the services that I want. This sounds like unfair trading practices and down right blackmail. Has anybody else had this done to them. P.S. I have been a non stop virgin customer for over 12 years now so loyalty doesnt exist with Mr Branson aarrggghhh.
  2. I actually do think that not being able to get credit is a blessing, and not having a mortgage looming overhead feels good also. But i do eventually want that security of not having to move my family around every couple of years. I just cant see how i will get a mortgage if at all in the future, I mean if the global credit crisis ever returns to normal, i will soon be approaching 40 year old and running out of time with lenders.
  3. Hi All, I have a poor credit record and cant ever see how i will get back on the housing ladder with a mainstream lender. I had a subprime mortgage but luckily was able to sell my house before the credit crunch. I am now renting. Would there be any benefit in changing my familys name by deed pole and would this enable me to eventually goto a high street lender? Regards P.s just noticed i spelt POLL wrong (Silly Me)
  4. Hi, I own my own carpet cleaning business and have just had 15000 leaflets printed and delivered to me by a very large print group.. When i opened the boxes to find my new bright and beautiful leaflets i was horrified to what lay before me. I started a thread on the UK business forum for expert printing opinions. You can read the full thread by clicking the link below. Attention All Digital & Litho Printers - UK Business Forums - the UK's most active help and advice forum for owners, managers and entrepreneurs of small businesses and startups. Do i have a case to take to Trading Standards. Regards
  5. OOhh i forgot to mention. Please make sure your deposit is placed in a Deposit Protection Scheme. And scrutinise the inventory and take photos of any damage to the property and note it on the inventory before you send it back. Make copies of everything. Not trying to put you off, but gives you some guarantees you will get all your deposit back.
  6. Your situation isnt as bad as you think it is. I have a county court judgement and just rented a house through a well respected letting agents. I came clean about the judgement and also gave them 2 months rent in advance as a guarantee that they wouldnt get bumped. If they ask for a gaurantor and the rent in advance, say no you can have one or the other. Just get a letter from your next employer stating what your are going to earn. This worked for me. The rental market is booming with not enough tennants to go around so they will snap your hand off. Just remember to be upfront and honest about the whole situation. Hope this helps. Regards
  7. I do have the written ccj but will have to dig it out. No the deposit wasnt even mentioned, and when i tried to mentioned it in court the judge said: that is another issue and i havnt got time to deal with that now. Yes i went to court personally and did offer defence but it went in one ear and out of the other with the judge. Thanks
  8. Hi thanks for that, What sort of wording would i use on the court form to have this set aside or varied and what forms do i use. Thanks
  9. Why/how does the grandfather think the son will pocket the money? Because the Grandfather has had money stolen from his house when his youngest son lived with him but couldnt prove it. Does the will clearly state his funeral wishes? NO. And as a final if this is a home made will did your wife witness it? Yes. The money that is in the bank account amounts to £10,000 which will cover both the funerals the way they want it.
  10. The Grandmother suffers from advanced alzheimer's. The Grandfather has made a will, but are you saying that one of these template wills from the post office has no legal standing and the will is no good in this event?
  11. HI, I have a few posts on here about financial issues, my life is getting very complicated. Advice: My wife who is the Grandaughter who looks after her Grandfather as he is ill. Her grandfather has made a will with two executors. 1. His eldist son 2. My wife. Her Grandfather insisted that he opened a joint bank account with my wife to put his savings in so his other sons and daughters couldnt get there hands on it. This account was setup for the Grandfather and (Grandmothers funeral who is now in a home) My question is: When God Forbid her Granfather Dies, have the sons and daughters got any legal rights to this money in the joint bank account as my wife is legally named on the account, can right cheques etc.. The reason im asking is that my wife heard a wisper that the other siblings wanted to give them a cheap funeral and pocket the rest. her Grandfather has quite clearly stated he wants a all singing and dancing funeral to celebrate there lifes. Regards
  12. There is a new twist since my last post. I have attached all the documents my mother has with her details ommited. We have wrote and asked for a copy of the aggrement, in the meantime. On questioning my mother further, it emerged see had received gift voucher which is in the attachment on this post, congratualting her she had won a donation from local business and to call the number to claim. They said: you have won 2 years gym membership and goto her local gym to receive the gift. On arriving they congratulated her and made her sign a membership application which quite clearly says gift written on outlined in red (please see attachment) then they made her sign a credit aggreement also attached. She also said that when they made her sign they just had pages on top of each other and they lifted each page enough to put her signature on, gave her cups of tea and had somebody else talking to her while she signed. I really want to goto the gym with 6 of my mates and turn them over, im ((((((furious))))))) Now if im not mistaking this is fraud or something close to it as they have taken advantage of a 70 year woman who has never had credit in her life. What can i do to help her. Documents.pdf
  13. In theory yes i am still paying the landlord for still renting the place. IMO And yes he thought he was going to suffer upto the break clause.
  14. Hi, I posted about this a quite a while back. Here is the short story: I leased a shop with a 2 year break clause. I made a huge mistake in the location of the shop for my business and it failed 5 month later. I told the landlord of the problems I was having and he replied, if you go under you will still be liable for the rent upto the 2 year break clause; which is fair enough. As i had no money coming in to pay the monthly payments on the lease the landlord decided to take me to county court. The court awarded the landlord payments of £90 per month until the full amount of the lease is paid = £16000 + Interest which will take me 14 years to pay off, and the court also placed an interim charge order on my house. The landlord also still has £1900 deposit belonging to me and fixtures and fittings worth £4000. Now i have found out that the landlord has re-let the premises with my fixtures and fittings and receiving rent from the new tennant and also receiving the £90 monthly payment from me. My question is? Is this legal, and if not what can i do about it? Regards
  15. Can anyone advise, My 70 year old mother signed a document for gym membership. But she didnt no she was signing a credit agreement for one year she just thought it was a member application form to pay monthly payments. It wasnt until she couldnt afford the payments anymore and told them she wanted to cancel. They sent her a letter informing her of her obligations. I have attached the letter. Consumer.pdf Is there anyway around this as i dont think they informed her at the time as to what she was signing.
  16. Hi Smutley, Sorry to here of your sisters predictament. I have been in a similar situation. I went through Free Debt Management company | Debt Advice | Payplan to help me with keeping the creditors at bay except for one creditor which put a charge order on my property but failed to register it with the land registry, so i sold my house and they didn't get a penny. But i put that down to a stroke of luck. First of all under no circumstances let the bailiffs in you are not under any legal obligation to do so. Also do not allow the bailiffs to look through the windows use curtains or blinds at all times. These are common tactics used by creditors to put the fear of god into you, but in reality don't have the clout the think they do. Only a court bailiff can gain entry and they must have a warrant. It is quite easy for companies now to obtain a charge order on your property, that seems to be the norm in the court circuit these days. If the husband has got an interest in the property then the court cannot force him to sell, he has to agree voluntarily (This is the Law) The County Court circuit is quite a shambles these days because if you admit the debt thats all the court is interested in and not interested in how your financial propblem came about. Hope this helps
  17. Hi All, I haven’t had time to read all the posts, so forgive me if this has nothing to do with this thread. I posted a thread back in May 2008 http://www.consumeractiongroup.co.uk/forum/legal-issues/144522-sell-your-house-before.html?highlight=avesovum about charging orders, you can read my story above. I successfully sold my house with an interim charging order. This is what the judge said to me: You will pay your creditor £85 per month including interest and there will be an interim charging order placed on your property. The charging order cannot be enforced unless you default on payment. In addition, no further action can be taken by the creditor. Therefore, im assuming that the charging order could only be entered on the land registry if I default, because I have since sold my house and no charging order was entered on the registry. I am currently renting and will be for the foreseeable future. Therefore, i have a question for a Legal Eagle. If i stopped paying the creditor does this mean he would have to go back to court to seek a further order of some sought to get me to pay the money I owe? Would just like to add: I am on the bones of my bottom financially.
  18. NO, I fell behind by 2 month whilst I was still in the property and just before the third months rent was due I had no choice but to close down the business and hand back the keys. Not that this has any bearing on the case. I realised about 3 month before that I was having problems with cash flow and informed the landlord of this and if any arrangents can be made to help (Not that he was under any obligation to do so) but I beleive if we could have come to some sought of arrangement then I would still have a business and he would not have had this problem. I find the Court Circuit very unfair because the judge didnt even want to know how these arrears came about. He simply said to me "You have admitted the debt thats all I need to know" Infact IMO i found the judge very un professional because at the start of the hearing he thought I was the landlord and I had to correct him twice. Anyway MrShed i wont stop paying him, and will start the ball rolling for court proceedings, even if I dont have a case it will be worth it to see if the landlord has the courage to turn up this time. Just by trying to re-open the case will annoy the landlord because he lives in spain 6 months out of the year but has an answering service in the UK. Regards Tony
  19. The payments are to cover the length of the lease which was 2 years. The judge ordered me to pay the landlord £85 per month until all of the 2 years lease has been paid, but like I have said the landlord has re-let the property, which If im reading these posts right he has forfeited the lease and cant expect any more payments after I have repaid the arrears up until he re-let the property. To avoid anymore confusion: I paid £625 per month rent, He re-let the property 6 month after I left, so technically the landord has lost £3750. Are you saying that the £3750 amount is all I legally have to pay and can I claw back £1900 deposit back from the above amount or have I forfeited the deposit. Just to give some exact background on the Court Case: The Judge placed a Charge Order on my property but could only be executed if I stopped paying the landlord the £85 per month the judge ordered, The judge also said to me at the end of the hearing (I have placed on the record that no further action can be taken by the landlord to re-coup his losses.) I have since sold my property and moved to rented accomadation, the money I made from the house sale just bearly paid for legal fees and deposits for renting etc.. So I have another question: As the charge order cant be enforced anymore can the landlord look for some other way to make me pay if i stop paying him? Cheers Tony
  20. MrShed, Just one more thing. Do you know which County Court Form I will need to do this? Regards Tony
  21. Thanks MrShed, For £150 it will be well worth it to claw back about a £1000 of arrears and £1900 deposit, I will get the ball rolling and will let you know what happens. Cheers.
  22. Hi MrShed, Thanks for your rapid relpy. I didn't file a countersuit because I wasn't aware I could. Can i just stop paying him or will I have to go back to court to have this case heard again? Can I demand the rent arrears back I have already paid the landlord upto the day he got a new tennant? If so, will that cost me money? and how much? I actually pay the landlord and a few other debts from the business through PAY PLAN (i don't no if you've heard of Pay Plan) But i can explain if not. I suppose Pay Plan should have advised me of this. Sorry but i'm not switched on to this type of legal issue, but what does IMO mean? Cheers
  23. HI, I hope somebody can help. I had a business where I let retail space and had a 10 year lease with a 2 year break clause. My business went bust in the first year and I exercised my 2 year break clause and obviously I couldnt pay the rent. My landlord went nuts and took me to court where I was ordered to pay £85 per month for the next 14 years which I have been doing for the last 14 month to clear the rent arrears. The Landlord has £1900 of deposit belonging to me and £1000 worth of fixture and fittings left in the shop belonging to me. He did not advise the court of this and when I tried to tell the County Court Judge that this money was still outsanding, the Judge replied that is another issue we wont be hearing that today. I felt a little upset and be-wildered that the landlord was going to get away with this. The landlord has since found a new tennant which i'm presuming is paying the same rent as I was and the new tennant is also using my fixtures and fittings which I thought the deposit was put in place to return the premises back to before I let it. My question is? As the landlord has a new tennant and he is not going to lose anymore rent, am I legally bound to still pay the landlord £85 per month for the next 14 years to clear the arrears. Cheers, Any legal eagles comments would be much appreciated.
  24. Ziggy, The judge I had was one of these old school well to do Brigadier types, but he didn’t scare me. The creditor perusing the charging order wasn’t even there; it was just me and the judge in court. He couldn’t even get my name right he thought I was the creditor and twice I had two correct him. He just made a mockery of the circuit, and in the end I was so sick of him, every time he bowed his head to look at his papers to remember my name, I gave him the two fingered gesture, I hope there wasn’t any cameras in there. Anyway Ziggy these county court Judges are just merely supposed stand up citizens and most haven’t even got any law degrees of any sought. Don’t be frightened of the judge if you get a bad one like I did just call him sir and stick your fingers up, when he’s not looking of course. Good Luck Hope all goes well. P.S let me know what happens.
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