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  1. Hi to all. I am going to try and keep this very simple and brief. I was sent a package/gift by my relative. So it was not a online purchase or any of that sort The item was delivered to my apartment complex via Royal Mail signed for service and was received by the concierge who signed for the item and made a log of my parcel and put in a delivery note via my letter box. However when I went to collect my parcel it had disappeared from a secure parcel room. I am not here blaming the concierge stealing the package all I am saying it just disappeared. I spoke to the building management and put in a formal complaint. I contacted the police also who could not do much at this point as no proof of who took the parcel. I wrote endless letters of complaint to the building management company of my apartment complex. Who ignored my complaint s and never responded. I then did a subject access request for the office log sheets containing the acceptance and delivery of my parcel even then they ignored and after my letter to management stating I will make a complaint to the ICO they sent me the documents. I then wrote to the CEO of the company and yet received no response. I had no choice other than to seek financial claim of my missing item via the small claims court. £ under 5000 claim. So The Small Claims court acknowledges my claim and gave until 1st of October for the defender the building management company to acknowledge and put in a defence to my claim. I rang the small courts/money claim centre on the 2nd of October who said they have received no information from the defendant however they are 5 days behind. i had to wait until 7th to find out if they had received any correspondence. I ring up on the 7th and yes they have not received any information. I sent in via email a request for judgment by default on 7th October, received the confirmation email, but again it takes 5 days for it to go through. The judgment by default was sent as the courts had not received any information from the defendant at this point of time. On the 8th of October I received an email from the defendants solicitor stating that there is no contractual relationship between me and the building management, and my particulars of claim are not clear, (I have been extremely clearly in my claim form) and that the claim is misconstrued and vicarious and that the concierge company is separated and are hired separately and in so many words saying it’s not them and trying to shift blame, followed by giving me 2 options, A)discontinue the claim B) agree to an an extension for the defence to allow them a extra 1 month to put in a defence C) And if I do not agree to a or B the building management company would file for a summary judgment strike out as the claim is vicarious. And giving me a 23 hour notice to respond via email only and to seek legal advice. Note I received the email on the 8th at 9pm and was given less than 24 hours to respond via email only by 3pm on the 9th of October. And the defendant will claim between £2500-£3000 In court costs and legal charges etc In a panic and surprise that having not any response up to date and all of a sudden a letter from a solicitor o sort legal advice and was told by my legal team to continue with the judgment by default. On the 14th of October I rang the court and was told the defendant on the 6th of October put in an acknowledgment of service but have until the 15th to put in the defence. So the judgment by default is not valid. But can put in another judgment by default if they don’t receive a defence. That’s the basic of what is going on. Now my question is can the defence claim legal costs via small claims? What advice and help would you suggest. What steps could you suggest I take as I am getting stressed out. Thank you and all response will be appreciated.
  2. Older home-owners are being given more borrowing options, as a building society launches a new range of retirement interest-only mortgages. Leeds Building Society said it is entering the market, with the new deals initially being made available through brokers. Interest-only mortgages allow people to make regular interest payments on a loan, without paying off the loan itself – but the capital must be eventually paid off. Leeds’ new mortgages are being offered to borrowers aged 55 to 80. https://uk.yahoo.com/finance/news/interest-only-mortgages-lasting-retirement-230100829.html
  3. I have only just discovered this site since having 8 properties taken over by LPA Receivers. I am desparately trying to find out what to do next. I read that I can make an Application to Court to get control of sales. Please is there an expert who can tell me how to word tha application? I am scared of making an awful situation even worse if that is possible!!!
  4. Hi, this is one for people who really know their contract law, specifically the consumer credit act. This is the scenario: I have a builder do me an extension. Our contract states the work will cost £100k. In order to get s75 CCA protection, I get the builder to give me 4 invoices. Invoice 1- foundations, £25k (price shown on the contract) Invoice 2- Roof, £25k (price shown on the contract) Invoice 3- Walls, £25k (price shown on the contract) Invoice 4, decorations £25k (price shown on the contract). £100 was paid for each invoice using a credit card. The transaction I made on each card was for the invoices, not for the contract. Each invoice takes the pricing from the contract. Does anyone, who has a legal mind with a speciality in contract law, know if I can expect cover under s75 CCA in this situation? thanks
  5. From their website: "Charged to cover the administration of issuing an arrears chase letter." - Outgoing arrears letter I'm not condoning missing mortgage payments, but surely £27.50 is a lot for a one-page (presumably computerised) letter and envelope being sent out? I think this has been covered previously (in 2011) but I'm not sure of my best course of action. Or whether I have a claim at all? Can anyone help me? I have received 2 of these letters in the last fortnight alone. £55 is hard to take for 2 sheets of paper and 2 envelopes! This figure is clearly exceeding actual administrative costs, and I find them unfair and therefore unlawful. Are they well within their rights to charge such a figure? Sometimes I have had these letters without even a prior phone-call to chase/remind me to make payment.
  6. Hi my okd friends I need an EXTREMELY URGENT advice from you good people. Wished to refurbish the old house after 30 years which meant change of everything including wiring and water system etc. I employed a firm of archirects who with a QS sent tenders out and as the result we instructed a firm of contractors to do the job. After a while architects left the scene so we employed a building controller in their replace to interact with builders. There was to be a contract drawn by QS for "minor work project". Unfortunately a copy of it was sent to me last week! As I had signed a Letter of Intent, I assumed that all terms and condictions in darft of contrcat which I has seen would suffice. The builders went throught demolition phase, and should start on construction. The payment is as the follows: The builder gives a list of work and expenditure to QS. He without checking to see whether is adequate or the work is carried out, accepts the payment due and forwards builders' invoice. The building controller we appointed acts in place of architect but her responsibilty has been limited to signing the stage Cetrificate - meaning that the work was done accordingl to existing plans and drawings!. Despite all those safe guards at a lot of expense we now find ourselves in a very bad posiotion. Builder has not followed an iota of terms and conditions in contract, yet keeps naming it as a tool to ex-communicate us and carry on mis-leading the QS and the Controller. The very first part of construction has run into big trouble that he wants through his "uknown to us" sub-contractor charge us for electrical works BUT...he quoted a figure of nearly £50,000.00!(should be max £10k with most expensive products in market)) for a job including rewiring of 5 bedroom very average and meduim size house. They do not specify the products listed nor correct number of products to be used. The list I provided keeps being thrown away. Thus has been going on for past 2.5 months. Meanwhile I amconcerned that they have started to attempt with same approach with other tasks within project. Because of us trying to get a proper & accurate quote to give them the go ahead, they have shut down the site for past 8 days, because of health & safety regs we are not allowed to go in. We finally persuaded all those involved to have a meeting at the site in 2 days time. Obviously we can not work together. We have paid 2 invoices so far which partly may be a loss to us - no hope of getting some back. BUT WHAT AM I TO DO WHEN AT THE TABLE, WE REACH THE END. CAN THEY KICK ME OUT AND KEEP HOLDING THE HOUSE UNTIL WHEN? IS THERE SOMEONE, AN EXPERT I CAN TAKE WITH ME TO PROTECT ME, ASSESS WHAT THEY HAVE DONE ON THAT DAY? I AM SO WORRIED THAT THIS MAY TAKE A LONG COURT BATTLE. I JUST WANT TO PAY FOR WHAT THEY HAVE DONE FAIRLY. OR RETRIEVE PART OF MONEY I HAVE UNJUSTLY PAID. THE MAIN QUESTION IS: WHAT IS GOING TO HAPPEN AS THEY ARE THUGS. AND HOW CAN I GET THE HOUSE BACK TOMORROW? I do hope there is someone out there who can urgently advise me. Really can not afford to go to lawyers - lost a lot on architects and builders and so forth already, and I am currently left with a shell of the house living in a mice infested flat somewhere else. Please help. Sophie
  7. Can anyone help please? We moved into in a grade II listed building. The listing describes the windows as "single glazed sliding sash windows in a wooden frame". However, the actual windows in the building are casement windows, top opening and bottom fixed, single glazed in a wooden frame. The frames are rotten and we want to replace. We want to put in what the listing says should be there, i.e. single glazed wooden framed sliding sash windows. Will we need to make an application for listed building consent, or can we argue that we are reinstating, as clearly sash windows were there originally when the building was first listed, and obviously were replaced "by others" before we arrived, and we are therefore are not changing what is recorded as being in place on the building? We just want to get on and replace, before the really bad weather comes! Any comments suggestions would be appreciated. Thanks t
  8. Hi, We (the family) are undertaking a project to convert an attached brick building into a utility area and a wet room for use by a disabled member of the family. The contractor (who is non-vat registered) has requested that we purchase and supply the wet room fittings that we would like. We are happy to do this and in fact would prefer to do so. But we would like to claim the VAT Exemption on the eligible items. I know that in order to claim the exemption that we would need to provide a letter from the contractor confirming that the wet room is for use by a disabled person and also a HMRC VAT Exemption form completed by the person concerned. I have contacted various suppliers about how to claim the VAT Exemption and been amazed by their responses. Wickes responded with: "I can confirm that full prices including VAT must be paid through Wickes however once you have made your order you can claim the VAT with receipts through HMRC directly." Wrong, HMRC website specifically states that they will not refund VAT. VictoriaPlum responded with: "In order for you to claim your VAT back, we would require proof of disability from HMRC and also a plumbers report to advise items have been fitted for a disabled person". How the hell would HMRC know whether someone was disabled? Top Marks to ToppsTiles, who got it right. "To claim back disability relief VAT, you will need to complete a 10.1 form. This form will be located on the Hmrc.gov website. We will also require a copy of your sale receipt and written evidence from your builder. The written evidence from the builder must include that the goods and work being undertaken are used in the adaptation of premises for a disabled person." My question is: Has anybody else had to go through a similar process and did they find suppliers who were able to deal with this (online and in-store) and if so, who? Many thanks, Jedicris
  9. This is more of a warning thread, for people having any significant renovations to their homes, to check there is Insurance, should anything go wrong. Here is an article showing a real life example of what could happen. In the article a young couple with small children lost their home and have huge debts after works to create basement living space went seriously wrong. This is just one example of such a situation occuring in the London area. http://www.dailymail.co.uk/femail/article-3484417/Our-1m-nightmare-dream-home-collapsed-shoddy-builders-thought-life-couldn-t-worse-just-start-ordeal.html Before you allow any structural alterations to your homes, please do get advice from your architect and/or surveyors. They will have full knowledge of what Insurance is available and you can then make sure you have adequate cover, whatever happens. DO NOT just take the word of builders, that they have full insurance for the contracted works, your house and all liabilities created. YOU must check any Insurance thoroughly to make sure it fully covers you. People unfortunately are so focused on trying to create a home of their dreams, that Insurance becomes a forgotten aspect. They wrongly assume that between their own Home Insurance and the builders contractors Insurance, that they will be fully covered. This unfortunately may not be the case. Please DO INFORM your Home Buildings Insurers of any structural alterations before any work commences. They can inform you of any requirements, exclusions to cover etc. As a final point, if you are doing any significant structural work as DIY work, don't assume your Home Insurance accidental damage cover will always come to the rescue. I can remember a case years ago, when a husband decided on knocking down a few walls and this led to major damage. The Insurers refused to pay out and it ended up with years of litigation between the wife (joint policyholder) and the Insurers. The husband who created the mess decided to leave his wife and the country, landing her with it to sort out. I did not find out the outcome, as it was dealt with by the Insurers legal team and the policyholder. The advice must be to think about what you are going to do and check that you do have Insurance, if it goes horribly wrong.
  10. I have, I hope, a quick question regarding the subdivison of the cost of Building Insurance for a converted house. The house has been converted into three flats two downstairs and one upstairs. the upstairs flat occupies the whole of the first floor and is two bedroomed and the two ground floor flats occupy less than half of the floor (though they both have a rear extension). Is there a general rule for proportioning the cost of the Buildings Insurance for each flat and does the leaseholder pay towards the cost. regards eeeni
  11. Hey, I am in the process of buying house and had ordered for building survey. But this Surveyor seems to be real un-scruplous one. Having opted for building survey, I thought I will get a thorough report but I was surprised that the survery-report says that they cannot check the rain-gutters as it was not raining at that time. Is that acceptable? So if it was raining, he would have said that he could not check say the garden area because it was raining and he could not go out or say on the roof. I want to know if it is acceptable for the surveyor to say that he cannot check rain gutters because it was not raining.He could have easily got a bucket of water and poured it through the pipes and checked? Please let me know if that is okay and common ?
  12. Good Morning, and for those of you that read this, thank you. I am new to the forum as i am running out of options and routes for advice. I took on a lease two years ago and on the 15th July with no notice from my landlord, scaffold and boarding was put around my salon. I was told by the builder that it would be two weeks maximum. We are now on the 11th November and it still continues with updates by me from the builder and still not one word from my landlord. I have lost 80% of my client base and had to get a full time job to tide over my loss of revenue - which has lead the clients that did stay with me to leave because my hours in the salon were not convenient. I have lost approximately 9k in summer revenue and my client base which ultimately IS my business. I have sunk everything i have into the business and it was successful and just starting to really take off. I appreciate that work sometimes needs to be done but can anyone suggest if i have a case to take him to court? For loss of business, inconvenience and loss of revenue? Surely with no notice i have a ground for it .......and in my lease it states a clause of " you are allowed to trade quietly "...i.e no interruptions from your landlord. PLEASE HELP
  13. I have submitted reclaim for missold PPI to Yorkshire Building Society they have responded to advise that they refuse claim on the grounds that throughout their investigation they found no evidence to suggest they acted inappropriately or improperly in any way either when arranging MPI cover at the outset or since. They have although found evidence to suggest that we were aware of the policy existing. We were told at the outset of applying for our mortgage that we would have to take endowment and payment protection insurance for our mortgage application to be looked on favourably. It was our first ever house purchase and mortgage and both my ex husband and I remember being pushed in the direction the mortgage adviser wanted and because we so wanted this house we agreed to all they told us we had to. They have provided copies of all the signed forms and say they find no evidence of misselling...... But they won't do because it was verbally implied we wouldn't get if didn't go down route of endowment policy and protect our payments. Do we go straight to FOS now or go back to the Building Society? What evidence could we provide to say missold as it was verbal? Of course they not going to have it written on any documents it's just my ex husbands and my verbal evidence? What now? Anyone have any advice on how we can prove? Thanks P.s. I also notice they have changed it from PPI to MPI and the insurance we took out was to cover payments which we didn't need as I got full sick pay and redundancy and so was the case for my ex husband. It was a monthly premium we paid which didn't affect any further interest charges added onto the mortgage but it was definable to cover our mortgage payment to the endowment policy if we were out of work for a period of time.
  14. Hi all, I'm pretty sure that I don't have any rights in this situation, but I wanted to get your view. I rent a one bedroom flat and have been here over 4 years. I have an AST that we restarted for 12 months this February when the rent was increased. I discovered last week that my landlord has applied to redevelop the building - the planning permission was sought to basically demolish the building and rebuild brand new flats. Yesterday the public notice went up outside our building for local residents to send comments, etc. Obviously I object to this planning application as I will be evicted! There is no chance I will be able to have one of the redeveloped flats - this is in east London where we are going to go from a fairly run down set of flats on a low-ish rent, to a set of brand new premium flats that will cost a great deal more. Well, I'm sure that you've all seen the constant headlines about rents in London and redeveloped properties. My question is really about whether when granting planning permission if the council will take into account displacement of tenants? And whether we have a right to respond to the planning application as residents due to the inevitable resulting eviction? I just can't seem to find any info on this online. Basically, I don't want to lose my home or be evicted, but I realise there may be no choice in the matter. It's just so sad, the flat was in a horrible state when I moved in and I've done a lot to make it a real nice place. In fact, the LL just a month ago agreed for his handyman to come and put shelves up in the bedroom, so it feels like the worst timing. Thanks in advance for your advice. Claire
  15. Hi, Currently I have three credit building cards Vanquis - £250, Aqua - £100 and Capital One - £200. I applied for these to rebuild my credit. Can anybody advise me should I pay the three off now and close them which I can afford?keep one and pay in full every month?keep three and pay in full every month?I will keep the three if it promotes my credit better than paying off one in full every month. Any advice would be appreciated please. Do these cards repair a poor credit history which I have at the moment? Thank you
  16. Is there a way of stopping or challenging this from being renewed at the end of its 5 years (before the actual debt is cleared)? Original debt: Nationwide Overdraft back in 2004 of £3500 Nationwide refused to deal with Christians Against Poverty who were sorting out a repayment schedule at the time and as soon as they were involved took me to court. They had been phoning me in the evenings to try and get me to repay the overdraft and had offered if I could pay the overdraft of £2000 - they would waive the £1500 over that but I was pregnant at the time and about to come off on maternity leave soon and did not have that amount of money available to me then. The guy I was speaking said that in that case they would take me to court and take my house away from me. Decree was granted in April 2005 and Order of inhibition on any property I own after that. Was renewed on expiry in 2010 and due again to expire in May. Have £1900 left of balance. Have not received any statement of the account since the decree in 2005, so have no idea of interest and charges that have occurred or how much I have actually paid back. First was passed to Morton Fraser solicitors and now with Aberdein Considine. I have tried to put in a claim for unfair fees and charges that were added to the account - the overdraft was £2000 and the fees and charges the rest. Morton Fraser said I was not allowed to contact Nationwide Building Society to do this. Never got a reason why they would not look at the fees and charges - on the one hand Nationwide were saying to contact Morton Fraser with a settlement offer and they would consider it through them but Morton Fraser said they received no such instruction from Nationwide - so just kept going round in circles. This was a few years ago and I had too many other things going on in my life to fight with them about who said what so just left it. However, I want this inhibition removed so I can move on with my life. I could possibly just about manage to settle the debt before May, but it would be a struggle (we are a family of 7 so every penny counts). I do still have some other outstanding debts that I still am paying that defaulted at the same time. Any advice on how to go about this one?
  17. just wondering if anyone can help im trying to buy a house at the moment and last tues 21/4/15 wanted money transfer from my account to my lawyers account by chaps got a phone call from yorkshire saying its complete i then called my lawyer to make sure but it hadn't,d appeared next day contacted bank in person said it had bounced back into my account was a very strange answer i thought but was assured it would be done by end of day (22/4) but surprise surprise it wasn,t and still hasn,t been transfered yet (25/4) all they can say its a computer glitch
  18. Hello, after being declined for a mortgage for using payday loans, i am on a mission to improve my credit. I applied for a credit card with my bank which is Bank of Ireland. I was declined, I have yet to receive the letter which explains why, however i checked Equifax which they use and i can't see anything untoward, obviously i know they will interpret this data differently, I checked a credit card eligibility checker on another site and it says that the card i have a 90% chance of getting is the aqua card. My main concern is as i have a history of payday loans and sub prime lenders will they look at me using this credit builder card negatively, i have taken out a finance agreement for an engagement ring, so i don know whether to sit tight for a bit?
  19. Can anyone help on this one? We haver taken over a small business (fitness centre) this is in a larger building (a rugby club house) and is leased from them. The rent in 2008 was £10000 pa. We have half the first floor for an office, changing rooms, reception area, studio and gym, total area 350 sqm. The other half of the first floor belongs to the rugby club and has an office, reception area, changing rooms and a bar/conference centre/kitchen, total area 350 sqm Both premises were valued by the VOA in April 2014. We are valued at £16250, the other half of the first floor is valued at £7000. At first sight, this seems horribly iniquitous (as well as putting us at a major disadvantage relative to other local fitness centres) and I'm trying to work up to the formalities needed to contest this. But before I start, am I missing something obvious… is there a reason that I don't know about which will explain the discrepancy?
  20. Hi I'm a sole trader, and at the moment I'm busy paying off a council tax debt. The council were round last week doing a load of work next door, making noise from 8 in the morning and stuff, didn't bother to inform me despite the fact this is their legal responsibility. Anyway, the path I share with my neighbour is now a mess, it's not that bad but the guy didn't hose all the detritus off right which has left it in a worse state than it was before. I have been keeping very clean this summer, and now I have to sweep it and hose it again. As a sole trader, if I was to perhaps go out and clean it up, how much would I be in my right to send the council the bill for it?
  21. We have issues with our Freeholder: Waterglen Ltd and Managing Agents: Pier Management for a number of years. They have refused to carry out repairs to the building for over three years now, fobbing us off with section 20 notices which they have not followed through. The property is almost at the point of being uninhabitable and we see the only way forward is to issue Court Proceedings and would very much appreciate some advice. No work what soever had been effected o the exterior of the property in the 13 years or so since they bought the Ground Rents. The Freeholder and Managing Agents had never visited the Property. The main issue is the damage caused to the interior of the property. The ground floor flat has had water ingress over a sustained period of time though the exterior walls from broken and blocked guttering and a down soil stack that sprouts grossly when the toilet is flushed or the bath emptied etc. The plaster is blow and covered in mould to the kitchen and bedroom backing onto the stack. We have a Surveyors report confirming the source of damage as well as the opinion of The Leasehold Tribunal Surveyor. Matters have come to standoff since the LVT and FTT ruled that the service charge percentage for each of the two flats is 1/5th. Meaning that the Freeholders can only reclaim 40%. Ironically this was only highlighted, considered and ruled upon during the first LVT action we took to consider the extortionate Buildings Insurance charges. Their application at both Trials to vary the lease was declined: Cases CHI/29UC/LIS/2012/0076 and CHI/29UC/LSC/2013/015. The Freeholders representative did approach us to negotiate terms to vary the lease but has since ignored our emails asking for their proposals. No doubt they will make a claim to vary the lease and we have confirmed that we will make a claim for compensation of increased service charges. In the meantime they refuse to carry out any repairs and the damage to the interior is worsening and causing health problem to one of the Leaseholders. Could we ask for some advice on: Issuing a Count Court claim for Breach of the covenant on the part of the Freeholder to keep the property in good order, the wording of a notice of intent letter and any other letter and procedures. A counterclaim for Compensation in the no doubt forthcoming Lease Variation application. Thank you
  22. I am not using my own loss assessor so have muddled through this painful process for the last year. Background: I have a holiday home and therefore holiday home insurance and last summer my home suffered an escape of water causing considerable amount of damage which affected most of the rooms in the house. I have appointed my own surveyor who has drawn up a Schedule of Works and we have received bids and are now awaiting for commencement of works from the adjuster. The house is uninhabitable and whilst it was being dried, which took 6 weeks, I stayed with a relative. When the work commences I will again need to be present on a day to day basis and will again stay with a relative. My Policy states that: Temporary Accommodation or Loss of Hiring Charges a) The cost of similar temporary accommodation in the event of the Home being so damaged as to render it uninhabitable by any cause for which indemnity is provided under Section 1A of this Policy, provided that Our liability shall not exceed a sum equivalent to 20% of the Sum Insured on the Buildings in any one Period of Insurance. The adjuster denied my claim for reimbursement for temporary accommodation because 'I do not permanently reside at the property as the owner/occupier'. When you have holiday home insurance it is implied that you 'do not reside permanently at the property' What can I do?
  23. hi can anyone help please? commercial lease. lease states no withholding of rent. landlord has neglected upper floors. ceiling has collapsed outside the fire door entrance. (we have moved the debris he has not sorted the ceiling) now ongoing water issues have ruined our walls. its a food establishment. leak seems to be have been sorted for now. i have requested if i can deduct £50 off this months rent (£2000 to be paid) so we can redecorate. (personally and not use decorator to keep cost down). L/L states i should claim on our insurance. access is £350 and why should we when its his neglect that cause damage? thoughts please? thanks
  24. Customers of Yorkshire and Chelsea building societies to receive refunds of arrears charges in £8.4m windfall About 34,000 mortgage borrowers with Yorkshire Building Society are to receive refunds averaging almost £250 each after mistakes were made in the calculation of mortgage arrears charges. In all, about £8.4m will be paid to the customers affected, some of whom have mortgages with Chelsea and Barnsley building societies and Accord Mortgages, which are all part of the Yorkshire group. Borrowers will receive an average of £247. The group is to refund all mortgage arrears administration fees charged since January 2009 and interest on those fees, even to customers who were not affected by the mistakes in calculation. The problem came to light when the City regulator, the Financial Conduct Authority, questioned whether Yorkshire's procedures were robust enough. The society then reviewed its treatment of some customers who had been charged arrears administration fees. More: http://www.telegraph.co.uk/finance/personalfinance/borrowing/mortgages/10640632/250-refunds-for-34000-building-society-borrowers.html
  25. I have just realised that I have been paying two building insurance policies for 12 years.Can I get a refund and if so how much am I entitled to?
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