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Cazz2269

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About Cazz2269

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  1. You're spot on! I know I can't force him to pay the money back but even if I could put a CCJ or something against his name that would affect his credit or something... would be better than doing nothing. I don't see your comment as negative at all. Trust me I've thought this through but short of committing a crime by causing damage to his personal property (which I wouldn't) I feel that I should try and do something rather than just shrugging and saying hey ho...he owed my dad over £9k and I didn't do anything about it.
  2. Thank you for responding so promptly. I thought that if you had a joint account the money is held by joint beneficiaries so would pass to the survivor automatically - thus meaning it wouldn't fall within the estate? As my aunt produced the death certificate the building society didn't question they automatically transferred the money (via a cheque) into my aunts sole name. But I appreciate your thoughts do make some sense as well. Thank you. I never quite know how to put posts in the right forums. So much appreciated.
  3. Hi. I would like some advice on how I can go about claiming money that is owed to my father by my ex-partner. Whilst we were living together, my partner got into a lot of debt which resulted in the house that we owed being threatened with repossession. At that time, as I had already taken out loans to bail him out the first time I was unable to extend my credit any further so rather than risk losing the roof over our heads, my ex approached my father and asked to borrow approximately £9,600. With the aim of keeping the background short - when we broke up, I ended up writing off a lot of the outstanding money that he owed me personally. However, apart from owing money to me, he owed creditors who wanted to put an interim charging order against the house that was in his name - the same house my father loaned him money to pay the mortgage. As I had to go to court, the solicitor acting on my behalf prepared a statement to demonstrate that when we broke up my ex had no beneficial interest in the property. In that statement he also confirmed that the money he owed him was not included in the debt that he owed me. I have now managed to secure a mortgage in my sole name and have finally taken off my ex's name of the title deeds. Over the years, I have reminded him that he owes my father the money but until such time as the house situation was resolved I didn't want to risk anything. We are no longer on speaking terms recently my father approached him for the money. My ex has acknowledged he owes the money but says he will not pay it back as he feels I have been unreasonable. The only reason my father loaned him the money was because of me so as you can imagine I feel responsible. Plus £9,600 is a lot of money. I have approached a solicitor who has said that it will take approximately 2 hours at a cost of £225 per hour for him to write a letter to my ex - threatening him with court proceedings. I don't know where he lives or where he works so in order to try and find out it will costs approximately £300-£600 to hire a firm to try and get this information. All this BEFORE we go to court. My father is 75 so doesn't want to cause any trouble or fuss but he's content for me to act on his behalf. QUESTION: is there anything I can do to avoid this cost? My ex and I have a daughter which he has every Sunday. He drives a car which I don't know is in his name but its not a cheap vehicle (brand new its approx £115,000)!! All this and he doesn't pay maintenance either. IS THERE ANYTHING I CAN DO TO GET MY FATHERS MONEY BACK? Do I have to go through solicitors or can I do a claim on my fathers behalf myself? I look forward to receiving advice and happy to provide more info if required.
  4. Hi I'm hoping I am posting this question in the right forum? My cousin who turned 50 in March passed away from a short cancer related illness. She was an only child and her mother, my aunt, is in her 80's. They had a joint savings account which they both contributed money into for more than 10 years and when she passed away the account had approximately £19,000. The estate has gone to probate and when the building society were informed, they sent a cheque direct to my aunt for the full amount. We assumed that as the account was in joint names the money would automatically be hers. However, the solicitor that is dealing with the probate has advised my aunt that the £19,000 should be included as part of the overall estate, which I understand exceeds £350,000. Question: As my aunt contributed to the savings account and as it was in joint names, should this still be included as part of the estate?
  5. Thank you Lea_HTH. This is all very helpful - I'll action immediately but will take your advice on instructing solicitors to handle it. With regard to the S21. Just so that I understand....I thought that a S21 could be served at any time during the tenancy agreement period? If the tenancy had had another six months to go would the notice have been correct? Was it invalid because the tenancy is due to end on the 3 Oct?
  6. Thank you. This is definately an expensive lesson learnt! I would prefer them to stay mainly as they have been fairly good tenants to date AND most importantly, I want them to have an incentive to pay the money that is owed. I've taken on board your suggestion about the late payment penalty so will factor that in. Thank you once again.
  7. Thank you raydetinu - this is really helpful. Are you aware if there are templates for legally binding agreements or do I have to approach solicitors? At the moment the S21 takes them up to the 28 September but their tenancy agreement runs out on the 3 October. If they agree to sign the agreement for the outstanding rent (which I suspect they will) am I legally obliged in the meantime to renew their tenancy agreement?
  8. :-)Thanks for getting back to me maroondevo52 - I thought it had disappeared so I've just posted another question. Hopefully is in the correct forum. Thank you.
  9. Hi - I'm hoping someone will be able to give me some advice on a CCJ. My ex 'owns' the property I am currently residing in as his name is on the title deeds and mortgage but when we purchased the house back in 2004 it was a 50/50 split and we arranged for solicitors to draw up a Deed of Trust. In 2007 we broke up and on account of the amount of money I had put into the property my ex signed a Deed of Transfer transferring his half share and a statement confirming he has no beneficial interest in the property. When he left there were arrears on the property as well as a secured loan. I had informed the Mortgage company (Kensington) of the position and they had agreed that in addition to paying the mortgage, I could pay an additional sum towards the arrears. In 2011, as my ex did not pay the loan, Kensington decided to take him to court seeking repossession. As I did not want to leave I cleared the loan and then in 2012 I cleared the arrears in full. Since then the mortgage has been paid on time and is a month in credit. The overall intention is that once the defaults against my name are gone (they come off from June 2015) I was planning on either getting a mortgage in my sole name or (if that proves to be impossible) then try and get my name put on the mortgage...then in time remortgage. Recently, my ex checked his credit report and noticed there was a CCJ registered against his name for the FULL AMOUNT of the mortgage. He contacted Kensington and they informed him that as it was their intention to seek repossesion they registered the CCJ. They said that even though the mortgage is up to date and in credit they are within their rights to leave the CCJ. The query I have is can they do this? At the time that the CCJ was registered my ex didn't have any correspondence or notification that they would be doing this. Also, if the CCJ remains, will this affect my name if we arrange for my name to be added to the mortgage?
  10. Steve M. Having checked my policy - I'm not covered for legal fees or rent protection This is going to be a costly lesson learnt
  11. Hi mariner51. I served a S21. I wasn't aware of the S7 or SCC papers for recovery of debt. I understand that the S21 is really the first step to informing the tenants that they have to vacate the property and if I want them out its likely that I would need to go to court to get an eviction notice. If however they keep to their payment plan then I would allow them to stay (mainly as I need to try and get back the money they owe) but as some security I was hoping that I could arrange for a default notice to be registered against them - which I would then remove once the arrears are cleared. As for the CCJ - this was relating to another query that I was posting through CAG.
  12. Scott - I've just posted another question and its totally disappeared. Is there any way of tracking it? Its a query on registering a CCJ.
  13. Thanks Steve_M. I'll check to see if I have legal cover with my insurers (it never occured to me). I suspect the risk of him doing a runner is pretty slim. He's got a wife and small child plus he has a business, although I'm not sure if it is a registered company or what name he trades under. I do however have his solicitors details as he was very forthcoming providing me with proof of why he got into this mess in the first instance. All very helpful tips but nevertheless still a huge mess!
  14. Hi mariner51 In response to your query, I am the landlord so there are no LL charges for my services. There is no plan to serve the Notice - I've already done it. I'm just not sure what landlords do in this circumstance. Is it possible to register a default until such time as the arrears have been cleared? if so, how do I do it? I'm just looking for some security against the Tenant to ensure there is a way I get the money back. Can't really think about what else I can do. If I evict then what incentive would they have to pay what they owe?
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