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pocster

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  1. Hi all, I have an unusual scenario. I am the freeholder on a house converted into 2 flats. I currently own the 1st floor flat and sold the ground floor flat sometime ago. The ground floor flat got repossessed. It would *seem* though that an error occurred on the initial purchase or during the repossession as the lender does not have a charge over the freehold title for this flat (standard criss cross lease arrangement). Presumably the lender has to find the evicted owners take them to court and acquire the freehold?? Is this not an expensive option?; what happens if they cannot locate them? Could they not 'somehow' sell me the flat with the lease 'error' (I assume it's not a real issue for me except if I wish to sell it); presumably saving them time and money? thanks in advance
  2. Hi all, I own an upstairs flat in a block of 2. We have the standard criss-cross lease arrangement i.e. we own each other's freehold and lease to each other. Sometime ago the ground floor flat got repossessed.The lender though for some reason does not have a charge over the freehold title (I guess an error was made with the title/lease originally?). What issue does this cause the lender with resale. I am the freeholder and they haven't contacted me. Do they *need* my consent for this? i.e. they can't resell the flat until they have a charge over the freehold? What happens if I say "no" ; what can they do??? thanks in advance
  3. Hi all, Firstly forgive if wrong forum!; not sure where to post. I own a flat in a block of 2. The downstairs flat sometime ago got repossessed by the lender Northern Rock. During that time there was a leak (I cannot prove if the downstairs tenants were resident at that time but have information to proof NR were contacted and did not react). The leak went on to cause subsidence affecting the entrance way and hence both flats. The insurer wants £1,000 excess. NR do not respond (I expect them to pay half). Equally the roof (in the lease both flats are responsible for) needed repair at cost of £620. I asked NR for half - no reply. I got my solicitor to write to NR especially about the insurance subsidence issue - no reply. Apart from being complete £$%£% ; what should I do? Is it worth small claims court? (i.e. is this a valid issue in that respect) ; or do I just give up pay £1000 excess and also the £620 for the roof repair. Any advice welcome. thanks
  4. Hi, Thanks for all the replies. There is some history ; but I get told off if I repost it!. I just wanted to know what they might do. "Counter claim to a higher track" ; they might go for. Though at least 4 times I have asked them to take me to court and they have not done so. Which suggests too me they have some issue with it ) It may be time though; to go to small claims and pursue my case for 5k. This will cause an issue and may prompt them into further legal action which at the very least will result in a resolution too my problem. Again, apologies for lack of info but it just isn't worth the flaming hence why I just ask one simple question from the entire case All help appreciated!
  5. Hi all, Not sure exactly which forum to post this too I wish to take my lender to small claims court for 5k (I believe the maximum claim I can make). A solicitor has mentioned that they may counter sue me for considerably more. Can they do this? i.e. surely if they counter sued in the court the limit would also be 5k ; or do they get the "option" at that stage to proceed legally in a different direction i.e open court hence the potential for an increased counter sue. I assumed I would be "safe" in small claims court from further action within that court. thanks in advance
  6. Because I didn't get the help I required. So am trying to break a 3 yr case of 34 letters and 180+ phone calls down into manageable chunks. I won't ask any more questions regarding this matter on these forums. Thanks for all the help.
  7. I've spent 2 yrs in GE's ' complaints procedure' ; trust me it';s been explored to no avail!
  8. LOL!; yes probably other threads. No the reporting is WRONG 100% I owe them money. They incorrectly added 'fee's + interest They wrote and said they would reverse this. They never reversed it The original amount owed and the disputed 'fees' have to be treated as 2 separate entities as essentially they are unrelated. Very basic example of what has happened with some constructed figures: loan: 140k interest only payment at current mortgage + base rate = monthly payment of £450 Repay 100k! GE continue for 10 months to 'think' the payment is still £450!! Interest only!!! - is based on the out standing capital remaining!! ; therefore MUST be incorrect!! But of course as they didn't get £450 a month cripple my credit rating as a 'default'. I hope you can all see the error!!
  9. Sorry, it is a REAL long story with too much detail. I have posted it before and what happens is people start commenting and going off on tangents hence my initial short question to avoid that
  10. Yeah I saw that. But what do I stick 8% on? the amount they've been crippling me for?? (even though I owe nothing!!)
  11. They won't communicate with me so cannot obtain a SAR. I do have some accounts and it's quite easy too see the error. Equally I had a letter from them dated some 18 months ago saying they would reverse this amount and all associated fee's. They have not done that so my credit rating stays impaired. So on the small claims form for 'interest owed' do I just leave it as zero?
  12. Ummm,, well the question was if a loan was taken out pre the credit consumer act and therefore the Fos won't look at it is my only route solicitor?
  13. LOL! ;it's FAR too long a story. So the only other route is a solicitor I presume.
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