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About Gullyver

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  1. Thank you so much for making me notice the not-so-much-friendly wording I use. Please forgive me. I am under strong distress because I became homeless at the beginning of January 2015. In brief I lost my home and I am homeless now after a decade of living in my home constantly affected by flooding from defective roof and pipes. Here a short video of the sort of leaks I lived constantly for 10 years. When I bought this leasehold flat the structural survey I had arranged suggested to double check with the conveyance solicitor that the building had full building regulation approval. But when I had the conveyance report from my conveyance solicitor in 2005 he recommended we purchased the property and he found nothing wrong with the planning situation of the building. In 2014, after 9 years of ongoing leaks and service charges robbery (£26,000.00 in the last two years alone for major roof repairs and other major repairs) I went desperate to the planning dep. of the local council to print a copy of the completion certificate to sell the flat. This is when I discovered that 50% of the conversion flats in our building do not have the required Building Control approval and only three flats were signed off with completion certificates issued Building Control holds no design or construction information of any of these properties including the roof structure and any structural engineer’s letter or calculations. Council records do not indicate which flats these certificates relate to. I had confirmation that 1) my flat does not have a completion certificate 2) the title is defective 3) there was a defective title indemnity insurance of which my conveyance solicitor was informed but he did not mention anything to me. 4) there are two of these 9 conversions which appear nowhere in the any planning or building notice application of the local council which means that 2 of these conversion have been registered at the Land Registry with leases created out of nowhere. The Land Registry has also confirmed that the lease of my flat has a missing page, the same that is missing in my lease (strange coincidence). The lenders refused to provide a full copy of the lease and to comment the situation. This makes me believe that they also do not have a full copy of the lease and that they were informed about the defective title and indemnity insurance of which I was not told. Finally, the flat was sold as a converted flat but I found out that in reality it is registered as an HMO multiple dwelling occupancy property because it does not comply with the building regulations. Basically, the freeholder converted (or acquired) the building from two houses in 9 converted flats and not only did not regularise the situation with the council but also did not declare the true material facts in my conveyance. In actual fact, no one of those whom bought their flats in this building was told about the true situation of the building. No one would have been crazy to buy if they had known. After six years living with home flooded heavily I lost my jobs for the distress of my appalling housing situation and legal abuse endured to ask for the repairs to the point that I lost the home and became homeless. I incurred in substantive financial loss and costs. Who is now responsible for this situation? I am grateful for any advise.
  2. The purpose of exposing the truth about this story will contribute to finding the truth so that justice can finally achieved for us and for other people in the similar situations. I do not have a big group of leaseholders behind me and hence I am completely isolated and silenced. My home has been flooded for 10 years. I was deprived of any dignity in my own home. I experienced that silence to which I was constrained after a decade-long attack on my dignity as a human being before I was removed from my home with my evidence being ignored. The only objective of any exposure is the search for truth. There is no place for the “politically correct.” in a system that privileges parasitic opportunists at the expenses of families and people that cannot defend themselves on equal grounds. Anyone should be given the right to expose their side of the story according to the evidence available. I hope that consumeractiongroup will concede me this opportunity always with respect for the law and, of course, to relevant enquiries. I am looking for urgent expertise and help by consumers who are knowledgeable about planning issues and conveyancing. Some details of my story are available here: https://www.whatdotheyknow.com/request/conversion_in_eight_flats_at_34 if anyone bothers to follow the link and read up to the bottom I will then ask few urgent questions, Thanks a lot, Homeless Gullyver An isolated and silenced leaseholder.
  3. Dear andydd, I will start a new thread as suggested, I am in a full emergency as I am practically homeless after a sequel of scams - any advise is urgently required, belliyjane thread is very interesting and I would welcome any opinion from her or anyone else
  4. Excellent work bellijayne, I am now on the verge of becoming homeless due to leasehold fraud aided by conveyance and mortage deception
  5. Dear friends, I have a similar situation as above. I would be more than happy to keep on using Virgin broadband service. Do you have any happy ending to the story above? Any update with advise?
  6. Dear friends, I am moving home and I want to take my virging broadband with me but I found out that there is no Virgin Media cable broadband in the area where I am moving and I have still many months of contract. So there is quite a lot of money to pay according to them without any fault from my side. Apparently, there is no service that they can offer at all and if I want internet connections I will have to pay for another company despite I am already paying for them. What can I do? Do you any have any knowledge of what happen to the stories above? Any update or advise?
  7. Thank you dear friend, However the LVT determination is based on a complete disregard of the evidence presented and on the expert opinion 100% biased on one side. Where there is an alleged tort, there is an alleged liability and where there is liability there should be a remedy. I was denied the remedy and a 146 Notice must be valid. The notice served to the lender is undated, unsigned and it was never served to me. it was a (big) mistake of the lenders who took the responsibility to pay without consent and without investigating the matter (plus the incomplete lease and misrepresentation of the property to the conveyance solicitor)
  8. Dear friend, In relation to the above, when someone receives a forfeiture notice (also known as 146 notice) should him be given the opportunity of a remedy to either pay or contest the alleged charges? Please note that: A) I have never received any forfeiture notice and this was sent directly to my mortgage lenders who paid against my authorization. Question: Shouldn't I receive the 146 notice as it will affect me, why the notice was sent to the bank? Also, a 146 notice must be a VALID notice which mean it must be served correctly. As far as I know the arrears must be older than 3 years to serve such notice. Has anyone any information about this point? B) the case of disrepair and unfair service charges about the property was already debated and dealt with successfully in the LVT 3 times and also in the High Court of Justice and in the County Court. In each case the the freeholder was found liable for a prolonged disrepair. I reported those cases to the court but they were ignored. So how is it possible that someone who has been found guilty for disrepair which lasted for over 10 years is then entitled to ask money for repairs from the victims who endured the consequences of six years of leaks, damp and loads of unpaid damages? in 2011 even the building insurance refused to pay as according to them the property was left in disrepair and so it was wear and tear excuse for them to not pay our damages. C) Yes you are correct, in October 2012 I received the service charges bill by the freeholder to which he added our share of a £96,000.00 for legal expenses (the LVT ordered us to pay 50% of his legal fees) and so our bill rocketed up to almost £20,000.00. In October 2012 I received no invoices, no wet signatures, no names on the letter just the name of the freeholder legal firm on the letter requesting the sum.
  9. You are correct dear friend, the cost were not assessed and what's the point to come back for the legal expenses against the same tribunal (LVT) who awarded the cost against the victims and refused to reconsider the case by rejecting the appeal? the repair bill (outrageously) reversed over the victims of the disrepair was roughly £85,000.00 but then as if the injustice was not enough, the LVT added the freeholder legal expenses to pay as well simply because we wrote 'too many times' after we were left with a defective building in disrepair for over ten years......so the legal fees bill for the LVT's claimed by the freeholder's legal firm added £96,000.00 bill and each leaseholder was charged almost £20,000.00. Not only the person who kept in disrepair the building for more than 10 years was not punished for that but he even managed to make profit for his own legal firm by puttingn his pocket almost £150,000.00. Where is justice in this?
  10. Dear friend, JR has been rejected, and yes, you are correct the claim was against the tribunal which rejected previous appeal. I am left with loads of unpaid damages and the hefty bill to repair the building after over 10 years of disrepair, The summary of the story is in this post above. Really disheartened and disappointed
  11. Dear Caro, there are 8 flats in the block. The bills were sent with letters rather than invoices. There is no wet signature and no personal names, just the name of the company of solicitors used (and owned) by the freeholder. I contested the bill and refused to pay as the £20,000.00 was the result of a scandalous LVT's determination plus £96,000.00 legal fees added by the freeholder for a 1 day hearing just to get a scandalous decision against the victims of 15 years of disrepair. There are clear indications that the joint expert appointed by the LVT and by the RICS was either bribed and/or pressurised by the legal firm of the freeholder. For example, in 2009 he wrote a 1st structural report stating clearly all the damages caused by the prolonged negligence of the freeholder and stating that in his view the roof was old and in those conditions for at least 10-20 years. But in 2012 the joint expert then made a gigantic U-turn providing a second report (given only 2 days before the hearing and out of any deadline fixed by the tribunal so we had no time to make cross-analysis) stating that the leaseholders were liable to pay 95% of the total repair bill without any explanation and without reporting all the other expert opinions and reports available in complete breach of Part 35 - Witnesses and Assessors Rules. Any tribunal and court I went after was pointed out all these crucial details. Both Upper Tribunal and High Court of Justice were given ample evidence of the several frauds of which 8 families are victims but closed their eyes. In February 2013 - The defrauder (freeholder) sent a 146 Notice (forfeiture) to the mortgage lenders who ended up paying. I never received such notice. So suddenly my mortgage repayments went up and I am unable (and unwilling) to pay the increase. Hence I am now 5 months in arrears.
  12. -QUOTE-.....Are there any clauses in the mortgage documents about the freeholder? Are there any clauses in the Title Deeds for the Property to do with the freeholder? -QUOTE- Dear friend, I went through the documents and I cant see any particular clause about the freeholder. In brief my conveyance solicitor confirmed in 2013 that response to my conveyance survey in 2005 was mentioning that 'no major works' were planned at the property so I was told that there was nothing outstanding to pay for repairs. As soon as I moved in 2005 I was left under a defective roof with heavy leaks for almost 6 years. However, I have recently found evidence that the freeholder demanded a large sum 5 years before my conveyance in 2000 to repair the roof and the building but he never carried out those repairs until 2010. Hence fraudulent misrepresentation in 2005. After that he kept the property in a total disrepair for almost 6 years and in 2012 then asked almost £20,000.00 (to each flat) for repairs in 2012. In 2013 the bank received a forfeiture notice 146 by the freeholder (I did not receive this notice) and force me to pay under duress by adding the sum to my mortgage. In addition my flat's lease has a missing page (confirmed also by the Land Registry few days ago'). So how was it possible for the bank to grant a mortgage in 2005 without a complete lease? and why my conveyance solicitor did not report this to me before my purchase? Who do I need to take to court: the bank, the freeholder or my conveyance solicitor? Please help as I am now in arrears with my mortgage repayments. Any advise or opinion is appreciated Disheartened:-( Gullyver
  13. Dear friend your case vs HSBC is very interesting and the advises I found here on this thread are excellent especially those of CitizenB on BCOBS - HSBC is pushing me to initiate court proceedings against them as they charged my mortgage with an extra £20,000 to pay fraudulent charges but they are refusing to show any lawful evidence for doing so. If they have made the unlawful decision on the ground of their evidence they claim they have why are they refusing to show it then? Simply because they DO NOT HAVE IT! I will not waste time with the Financial Ombudsman but I will take them to court straight away. Please let us know what happens to your case!
  14. ]This is a very interesting post. Well dear friends consider me in as I have a mountian of problems with HSBC. The bank is acting as a bunch of pirate of the worst kind. My problem with HSBC begun last March 2013 when they send me a letter stating that they would add £20,000 to pay for service charges claimed by that fraudster of the freeholder. these the steps I took so far: 1) Asked the bank to show me the lawful evidence which should authorise their enforcement of the Mortgage Deed terms and conditions with 3 Letters of Conditional Agreement (e.g. I agree to pay if you show me the evidence) 2) The bank refused to show me the evidence I asked them. 3) I sent them a letter of Data Access Request letter (plus £10 cheque and proof of identity) and now waiting for their reply This is the brief background of the story: Lenders + Freeholder vs Leaseholder - In 2013 HSBC have been approached**by the freeholder informing them of a 2012 LVTribunal determination to pay for service charges arrears (which we still dispute) amounting to almost £12,000. - The Tribunal determined we had to pay for £12k plus some of the freeholder legal costs. To that bill the freeholder added a bill of almost £100.000 to cover his costs awarded against the leaseholders increasing our service charge bill to almost 20k per flat. - We presented two appeals in 2012 (to the LVT and to the Upper Tribunal) both rejected with great surprise given the evidence available. I must add that there is no county court injunction to back up the tribunal determination and I have never received a section 146 Notice from the freeholder. - I contested the services charges bill explaining to the lenders all the reasons why we dispute the service charge bill and I informed the lenders that they were refused the authorisation to pay the freeholder's bill explaining also stating that the case is still in dispute as a judicial review case was going to be filed (it is filed now). - In March 2013, surprisingly for us, the lenders decided to pay anyway adding the sum to my mortgage with interests**to protect 'its security' as they claimed that they were presented with a section 146 Notice by the freeholder. - In the last four months I asked the lenders to provide the lawful evidence authorising them to pay on my behalf and against my will. So far, no replies from them after nearly 4 months and 7 letters. I also added that I would sue the bank if they pay the sum.* - A week ago' a sent a letter with a formal notice of Data Access Request letter (plus £10 cheque and proof of identity) asking the bank to provide every document including my name and surname in relation with the mortgage account and with the unlawful payment they added to my mortgage UNANSWERED QUESTIONS: How is it possible that HSBC took the responsibility to pay on my behalf without a successful County Court Injunction determination and without me receiving a section 146 Notice by the freeholder? I am aware that if the alleged breach relates to arrears, you cannot serve a valid section 146 notice where the amount of service charges, administration charges or ground rent owed (or a combination of all of these) total less than £350, or have been outstanding for less than three years.* In actual fact not only the £12k bill issued in summer 2012 is not more than 3 years old but also the legal costs (7k) were added by the freeholder only in late in 2012. Given the FSO bad reputation for handling cases against consumers I decided that it is better to start legal proceedings against the lenders because I do not believe that they could act in a such way without having and providing us with the lawful evidence necessary? Thanks in advance for any opinion if you have any, in the meantime I will keep you informed as soon as the bank will reply to my Data Access Request letter. tired Gullyver
  15. After reading this post and the related replies so why wasting time in using the FSO? Simply prepare your own case and present a county court claim or to the High Court of Justice depending on the value of your claim.
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