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Found 15 results

  1. Hi there, Is there anyone out there who can help me? We have a former GMAC mortgage that went over to mortgage Express. We were keeping up with the mortgage until I finally succumbed to my illness and disability. We are currently five months in arrears which works out to be £4250. I was working part time and my wife was working full time and up to earlier in the year keeping up with our mortgage. We thought we had sorted ourselves out with my working part time and my wife getting a full time job a while ago. I had an operation several years ago, that resulted in damage to my spine, this means I take 35 tablets a day, and have fentanyl (type of morphine) patches, oramorph (another type of morphine). I am stuck in a wheelchair now, I am typing from a special bed installed in our bedroom that is like a hospital bed. All this means I cannot really work a lot now. I am waiting for the first of five operations at the start of August so will be out of any sort of working fulltime loop for a few years. I will be able to work part time and an employer is willing to let me do this fitting around all my issues. My wife works fulltime, but had to take a few months off without pay due my being in and out of hospital. overall a loss of income. We have managed to stabilise our position, but need to sort out the mortgage arrears. We were in arrears a few years ago with MX and it was hell. Four of five phone calls a day, refusal to accept a deal, threats of a home visit etc. we changed our phone number, managed to pay off the debt and were debt free for three years. How can I write a letter offering an extra £150.00 a month, which we can pay and try to forestall any action? We had a knock at the door which was out of the blue. It was an advisor and valuer from them. We told him to go away, we were only going to deal with Mortgage Express in writing as our last experience told us they bullied on the phone, never agreed a deal, and kept on phoning us. Despite our telling him to go away, he came back four times, each time was when our neighbours were coming home from work. He would stand outside the house and with a raised voice tell us he was there to deal with our mortgage arrears. our neighbours know our business. Can someone point me towards a letter template our help me out with one to send them as soon as possible? I just want to stop and action which the valuer told us they would do, that being taking us to court for repossession. I know the court might end up giving possession and then stay it, but it is a worry I could do without. I get full DLA, I am as previously stated in a wheelchair. I have four outpatient’s appointments a week, which I know is not MX’s fault, but being thrown out of the house will result in my ending up in hospital. Please help.
  2. It’s recognised that banks and the like can sell on debts owed to them by individuals or organisations. However, what seems unclear is on what basis this is legally obligating so far as the borrower is concerned. When a debtor defaults on a loan the lender will serve a default notice in prescribed form and duly terminate the contract on account of non-compliance with the terms on the part of the borrower. It’s that original contract between borrower and original lender that would typically include a clause requiring acceptance by the borrower of the sale of the debt and consequent transfer of liability. Therefore if that original contract is terminated then although the loan liability will remain it seems that the agreement between borrower and lender to allow loan ownership transfer will no longer apply, pending a new contract. As I understand it, the common law principle of privity holds that any contract between two parties (here the original lender and a subsequent buyer of the debt) cannot impose obligations on a third party (here the borrower) not a party to the (sale) contract itself. It follows that the purchaser of a debt can only assert repayment or other authority over the lender by persuading that lender to agree that authority, that is to establish a new contract with that purchaser. This is why, it seems, such companies claim that the debt has been sold to them and encourage borrowers to agree with the transfer of terms, offering inducements such as there being no change to the terms. However, unless and until that is done it seems that the borrower is entitled to continue whatever agreement was reached after default with the original lender, perhaps continuing to pay the original lender rather than the purchaser on such terms as then agreed. Note that this isn’t about the original lender appointing a third party as an agent nor about the validity of serving a notice of debt assignment but specifically on the question of whether in these circumstances outlined the consent of the borrower is needed in order to transfer the original creditor's rights and responsibilities in respect of the debt insofar as that affects the borrower directly. Views? TIA for comments.
  3. I'm currently living in a privately owned residential road / estate. A management company was formed last year which then purchased the common parts of the estate, ie roads and footways etc. The company has indicated it's intention to issue fixed penalty tickets to anyone parking there without a permit. This of course raises several questions, such as whether these charges would be enforceable. There are also various practical issues which I can envisage arising, for example, if a legitimate visitor was to arrive unexpectedly, or outside of normal hours, with no means to request or obtain a permit. Signs have already been put up on various parts of the estate, and amongst other things, they say that by entering onto the estate you are agreeing to be bound by a contract. I remain unconvinced as to the legality of this, on the basis that the situation is substantially different from the case of Beavis v ParkingEye, in that the Beavis case revolved around someone who had already entered into a contract for the parking of a vehicle, and paid money to do so, whereas in this situation, a man delivering an ebay parcel to me in his van does not intend to enter into a legally binding contract with the estate management company, nor does the window cleaner, and neither do any of my friends or relatives who may occasionally decide to visit. I'm aware of the basic elements of a legal UK contract (offer, acceptance, consideration, intention of the parties to enter into a legally binding agreement), and it appears to me that many if not all of them are likely to be absent in the situation I've attempted to outline above. Wording of sign in case photo isn't clear.... What does anyone else think ?
  4. Where does it leave you if you buy a vehicle from a dealership that has had one previous owner and then at a later date you find out the car was a hire car? It was not disclosed to you by the dealership when making the deal. In essence the dealership has done no wrong and the car has been correctly advertised. This happened to an acquaintenance of ours and due to the vehicle breaking down so often he eventually took the hit and traded it in for another brand of vehicle even though the dealership repaired FOC every time. Could he have made a claim?
  5. Hello everyone, I'm new here so do please bear with me and forgive me if I don't get things quite right or breach any conduct.I've done some research and this forum seemed to be my best option for gleaning some advice. I'll try and give you as brief an outline as possible but please feel free to ask questions if it doesn't seem clear.I have a resident's parking permit for where I live but there is space for only about 5 cars maximum in the designated area.As a consequence this mean that I sometimes have to park in an area that is owned by a business just a little further down from the resident's parking spots. I have parked in this said area on numerous occasions,usually with absolutely no problem.There has been the occasional note plastered to my screen telling me that it's private land and not to park there but it has only been occasional and there has been no threat attached. Yesterday,however,I found another note attached to my screen which is somewhat different in its wording.I'll give you the full thing as follows - "WARNING You are parked on private property.You are parking in a paid space. CAR REG **** *** DATE 7.10.15 By using this space you agree to pay the following: - A daily charge levied at £30 per day (Ownership details are obtained via DVLA v8882) This notice is official notification of this charge,the charge payable for each period the car is parked between 12pm and 12am daily. This notice and your details have been recorded; ********" (name of company) It is perhaps also worth mentioning that this is not a car park that is "patrolled" by a private parking company.This notice is solely from the people running the business.I do try not to park there and won't if there is ever any viable alternative.It seems odd that 90% of the time that I have parked there I've received nothing.Then there's been the occasional "nasty note" and now this.And this just seems to be a little more sinister somehow,certainly sinister enough to make me do some research which brings me back to where I began Any and all help and or/advice will be greatly appreciated. Kind regards to you all and thank you for your time
  6. Hi all, I've just joined and would like to throw this question out to whoever has the knowledge to answer it! Can anyone advise me on the legality of charging people, on JSA, council tax when by it's own calculations/admission the government says " This payment of Jobseeker's Allowance is based on the amount the law says you need to live on." How then can they charge you council tax which in my case,this year, has risen to over £200 a year i.e roughly £20 a week. Thanks
  7. Last night (no doubt in preparation of Barry Beavis's Court of Appeal case in a few days times) the RAC Foundation issued a 64 page statement from a highly respected QC questioning the legality of private parking tickets. The document is stunning and is a 'must read' for anyone with an interest in these dreadful private parking tickets. http://www.racfoundation.org/assets/rac_foundation/content/downloadables/RACF_Private_Parking_Public_Concern_John_de_Waal_Jo_Abbott_February_2015.pdf
  8. Hi All I have got caught going 57mph in a 50mph average speed camera in the UK. I have been reading online that a lot of these are not actually legal or enforceable, as they are quick, temporary, changeable and have not been passed through parliament. Is there any way I can check if this is linked to the camera I went through? I also read that they may not have a set speed limit in the legislation - i.e the camera's can be set between 50 and 60mph, and in this case they are not enforcable? Is there any way to check? It was on the M5
  9. I have recently been in touch with someone regarding the police taking their car because they were driving without insurance. It turns out that they did have insurance which was only just bought less than a week before but the insurance company had not updated the details with the central computer. I actually wondered if the police had the legal right to take possession of your car or can you refuse to hand over the keys and force them to get a court order to take possession? If the car is in a position that can be construed as "parked" when you are stopped, can you refuse to hand over the keys and have someone else move the car for you later? To me, taking your car because it is not taxed, MOt'd or insured, (or any combination), is no different to a TV license inspector taking your TV because you don't have a TV license. I believe that this practice by the police is unlawful at best.
  10. Hi I'm hoping I can get some advice on here about my current landlord situation. I am currently living in a house that my father had rented from 1964 and when he died in 2011 I inherited his tenancy. There was an issue though in that my fathers original landlord had died and his estate was in probate - when I made a claim to inherit the tenancy things got a little nasty. Essentially I was told that I had no right to live here by his solicitor and he started to refuse the rent from me. I made it very clear to the landlord and solicitor that my rights to remain in the home I grew up in were very clear and it took 17 months to get a letter from the solicitor finally acknowledging my legal right to stay... I had complained to my local council about this but it seems that my landlord has since joined the Private Landlord Scheme and I now get absolutely no help from them. Anyway, when I last had a meeting at the council I was told clearly by one of the people there that my landlord couldn't demand any rent from me anyway because he hadn't served an S48 and because the house was in probate he couldn't get that S48 until it was all sorted. The landlord turned up the other day with an S48 that is dated 1st March 2013 and demanded rent from that date onwards to be paid to him but then asked me to pay the remainder into another account? One that supposedly belongs to the solicitor acting for the estate of the late landlord. When I had the meeting at the local authority at the start of the year, I was told that the S48 was proof that he was the legal landlord and person entitled to the rent and this was for my benefit because if I paid him and it turned out he wasn't the landlord I could have trouble getting the money back. This new S48 has confused me and the council seem reluctant to help me now (but they give him as much advice as he likes) - my point is this; can he demand rent from the period before he was officially pronounced as the owner of the house? Surely the "estate" should contact me with relevant paperwork rather than him? I apologise if my message sounds incoherent but this is stressing me out somewhat and I'm getting tired of all the messing around we've had to put up with for nearly 2 years. Any help or advice would be appreciated.
  11. I missed a final payment for council tax so got a court summons. I then made this final payment and told them that I wouldn't pay this £100+ for "authority costs". I asked what exactly this £100+ was for and the representative said that it was to mail the letter. This can't possibly be legal. After I said that I was happy to go to court over it they said that the magistrates' court was no longer an option because I paid the council tax due. So where would I dispute this ridiculous £100+ to send a letter? They ended up waiving it after I said I refused to pay and I'd have to look into it. I had a similar situation with a landlord who deducted £100 from my deposit for letters he sent trying to collect money for disputed rent. I put a claim in the deposit protection scheme stating that fees have to reflect the actual cost of sending a letter and these fees can't be punitive. The adjudicator agreed and I got most of the money back (minus reasonable costs).
  12. Hi, I bought a car in June (well, my mum did!). I am driving the vehicle and the main driver. I am insured as the only driver of the vehicle at the moment - which is all above board - but I am not registered as the owner/keeper. The car is financed in her name - but I am paying the car payments. Do I need to transfer the car over to my name, or is it OK to remain in her name? Thanks in advance
  13. My 16 year old has recently found a job at a well known Sportswear chain. I was very proud of them, they are going into their final year and studying for the exams which will hopefully see them go on to university. Unfortunately, the more I'm learning about this well known company, the more sickened I am at the way they operate, and the more I'm questioning the legality of their treatment of employees. Firstly, all staff are on "zero hours" contracts, so they don't have to give them a set number of hours...this is used as a "carrot and stick" in order to force them to sell their own shopping bags to the customers, in effect having to try to get every customer to buy a bag. My youngster was told "If you don't sell enough bags, your hours get cut". One girl who works in the store has just quit because she's had NO hours for 4 months because she wasn't selling enough bags. I've now found out that during the run up to Christmas, they are also expected to SELL the company's catalogues too. Yesterday, I was told that all staff are searched every time the leave, just to make sure they haven't stolen anything! My child has references which show them to be one of the most consciencious pupils their school has ever had, yet they are treated like a criminal on a daily basis without ever having done anything to warrant such treatment. I was proud when they managed to get the job, especially as there were a large number of applicants, but now I'd be more proud if they gave notice, and explained exactly why. I worked in a few jobs during my teenage years, but never was I treated with complete mistrust, and never did I hear of anyone else being treated this way, until such times as they did something to warrant mistrust. Can anyone tell me if these practices are legal? To be searched every time you leave your place of employment seems absolutely out of order, and I would have thought it breached some article of human or civil rights? Surely we all have the right to be TRUSTED, unless and until we break that trust? I've kept my youngster gender neutral as you can see.
  14. I am wondering if a commercial loan agreement I have with NatWest is valid as due to a change in the properties borrowed on it is not for the amount I borrowed. I would not normally be concerned but they have called in the loan. I was told it would be renewed at the end of the term but then the banking crisis happened and they changed their minds. They are also using a cross collaterisation clause on other loans I have with them over a longer term. They said they would never use this clause as long as I didn't miss any payments which I haven't. Please note I am not & never have been in arrears. I have never missed a payment, been late with a payment or been short on a payment. We have just found out the loan is not covered by the FSA (I know their name has now changed) but all their email correspondents state they are authorised and regulated by the FSA, is this not fraud? Have seen a solicitor who feels I was miss sold the product but haven't seen him again as I didn't have much faith in him. I have put in a complaint with the bank & the financial ombudsman both of which are being supported by my MP. I sent a SARs by recorded delivery on the 11th of March and sent an email on the 5th ofApril to advise them I had I no response. I attached the original SARs letter& reminded them the clock was ticking. Please note there is much more to this case, too much to note here. I am looking for a solicitor who has a proven track record in this area. I am also prpared to use less conventional methods at this point as I don't have much else to loose. I have worked very hard for my properties and I just want them back. Any advice would be greatly appreciated. Thanks in advance.
  15. I got a ticket through the post for stopping in the box junction. When I made the decision to drive into the box: 1. The cars in front of me were all moving, nothing was stationary 2. When I look at the picture, about a 1 - 1.5 ft of my car is in the box 3. Although this is initially a 2 lane road, the 3 cars in front of me were straddling in the middle of the two lanes, I was trying to stay to the right lane as I did not want to get blocked by parked vehicles ahead if I stayed in the left lane. If I would have forced my way totally into the right lane, half of my car would have been on the opposite side of the road. 4. The lights were still green at the time I had to stop in the box 5. I was not obstructing any vehicles if the lights had changed to red 6. I have driven down this road plenty of times over the years and have never stopped in the box I was just wondering if anyone had any up to date info on whether the box junction is legal? Everywhere I've looked seems to date from 2006-2010, any info or advice would be appreciated, I could really do without having to shell out £65 two weeks before Christmas. TIA
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