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  1. Hello there, I purchased a shared ownership property (75% of) earlier in the year and completed my snagging list. When I contacted the useless housing association I purchased the property through, they told me on three separate occasions that they would ring me back and nobody did. On the fourth occasion they told me that they could not help me as I owned my house and they only deal with residents who rent from them. They told me I must deal with the builder directly. I have now been chasing the builder four times and after the fourth and final chase, the builder has told me that as they sold the property to the housing association, who then sold it on to me, I must deal with the housing association and not the builder. I have again, been back to the housing association who have again not come back to me. I have written them an email which in summary says, "You have again not responded. If you do not respond and provide some form of acknowledgement of my snagging list, I will be forced to take matters further". In legal terms, how can I take matters further? I want to threaten getting independent tradesmen in to rectify the issues on account of nobody taking ownership of these issues. I also pay £300 in rent and £45 per month in service charge. I don't think I can stop paying this and this could cause me further issues along the line. Can anyone advise me on what I can do next? Every time I ring them, I have to deal with people who don't know what they are talking about and tell me they will ring back and never do. Any help would be really appreciated as I do not feel it is fair that social housing tenants or owners should be treated in such a disrespectful way.
  2. Hi, Sorry for the details but its been a long stressful journey that never seems to get better. We started the process of buying a new build property using the shared ownership scheme in early July. We used the builders recommended mortgage brokers and conveyancing firm. This is where the problems started. The mortgage broker messed up our income calculations and we ended up with a hard credit search from a lender that would not have lent to us. They then could only find 1 more lender who deals with shared ownership but needed 5% more deposit. We managed to get the extra 5% with help from family so continued with the purchase. We instructed the law firm and got a fixed quote. Later on they said they made a mistake and asked for more money after we had instructed them. All of this we can live with. But now, 11 weeks after we first instructed the law firm, the housing association who is part of the shared ownership transaction has said we must exchange next week and complete 2 weeks after this or they will withdraw from the sale, leaving us homeless if this does not complete as we are currently renting. Our conveyancing firm said they had been waiting for replies from the other side but did not chase them up even though it had been 20 days since they sent the queries. This left it too late for us to exchange and complete on time. We need advice as to where we would stand legally if we do not complete on time? Do we have a case to claim against someone for our financial losses so far? I can provide more details if needed. Cheers Digots
  3. My tribunal is being held over four days at the beginning of July. I have just discovered that the owners (who were franchisees) have sold their company to the franchise. They were bringing five witnesses including both of the original directors. My questions are, can I expect to see the original directors turn up as witnesses? I know there's no requirement on their part to do so and any response you give will just be opinion. My other question is I have had little contact with Peninsula about this case. We've exchanged bundles and witness statements. They went through their usual request to strike out theatre, unsuccessfully. Are there any questions I should consider asking them? Thanks in advance Czinczar
  4. Hi I wonder if I can get some advice please? I part own a property 30% me 70% estranged father in law It’s been a messy business but I just want done with it now and need to figure out the best way to end all ties Can anyone tell me how I go about getting my share of the property and my name removed from anything to do with this vile man? Thanks so much for your time
  5. Hello For 10 years I had a quarter share in a HA flat. I always paid my occupancy charge (rent on the three quarters owned by the HA) on time. When I moved in the HA actively had a list of people suited. I got the impression that several people looked at the flat and it was sold quickly however by the time I gave up the tenancy in December last year I was told (this is not in my terms and conditions) that I must sell my share on the open market. Hopefully the contract will be complete any day now but in addition to the mortgage on my house I was told I must continue to pay the occupancy charge. I did so at first understanding that it would take a while to sell but 8 months on it's making me penniless. Is there anything that I can do? I also feel that the HA have made it harder to sell. They've discouraged enquirers (to the point the estate agent had to contact them and ask them to desist). Please help. We're talking thousands of pounds.
  6. I am trying to get the address of a plot of land which is outside the house I live in. The council say they do not own it I don't know how to get the address for the land or get a copy of its deeds Hope you understand tenmencount
  7. Hello all. I am currently trying to help my ex wife (we are still friends and have children together) with an issue she is having with council tax arrears. A week ago the council obtained a liability order and obviously their next step is enforcement (which they have stated will be bailiffs in a recent letter). She has nothing of value and will be refusing entry to the bailiff as she is currently getting the paperwork together to apply for a debt relief order. The only issue she is having is the threat to the car she uses. The car is registered in her name but last year she wrote her car off and could not afford a new one. Her mother purchased the new car from a private individual and registered in her name but made it very clear that the car was not to be sold and when it was the money was her mums. She has a text conversation with her mum explaining this but this is where the issue is. Is that sufficient proof that the car belongs to her mum? Is it possible to write an agreement between them now or is this pointless? She doesnt want the car removed (obviously) but at the same time doesnt want her mum to have to take legal action if it is. Hopefully someone can shed some light on this for me. That way I may not have to do the school runs in my car
  8. I collected a used car 10 days ago. I did not even make it home from the dealer! I had to be recovered from the roadside due to breakdown (no gear selection or drive possible on S-Tronic gearbox). Car went into main dealer who subsequently diagnosed gearbox failure due to a previously incorrectly fitted gear oil cap that resulted in loss of fluid and then catastrophic failure of the gearbox. £10.5k is quoted for the repair. (gearbox had been recently serviced prior to sale by a main dealer). I am not able to use the car until it is repaired. So my response yesterday (well within 30 days) was to write to the dealer requesting a full refund. Sent via recorded delivery and I will follow with an email once I see the letter is signed for. In that letter I state that the car is unroadworthy, not of satisfactory quality and is unfit for purpose. I state that The Consumer Rights Act 2015 requires dealers to supply goods of satisfactory quality. Since I paid over 50% of the cost with a credit card. I also notify the credit card company of the issue and ask that they send me a section 75 claim form in case the dealer does not respond positively to my request within 14 days. My intention is to pursue a section 75 claim if the dealer does not respond positively to my request for a refund. I am curious to understand if I should physically return the car to the dealer at this stage or if I wait for the dealers response? Thanks in advance for any thoughts or suggestions others may have as to the steps I am planning…
  9. Hi all, Can someone please help. Around a month ago I completed a purchase for a £195,000 shared ownership property for which I purcahse 40% shares in at £78,000. Over a month after completing I have recieved an email from my solictiors claiming that HM Revnue and Customs have notified them that "Stamp Duty of £222 falls due on the rent aspect of the new lease. Unfortunately this was not taken into account on your completion statement and is therefore due and owing to them." A few queries on this. Do I have to pay stamp duty being that my share falls below the threshold? Is stamp duty applicable to the rent aspect of the agreement? As far as I was concerned this was all done and dusted now I get this lovely email right before Christmas. Any help greatly appreciated.
  10. Friend of mine bought a second hand car from a dealer about 2 weeks ago. Today the clutch has failed and the RAC have said a new clutch is required. Dealer has been contacted and said it is nothing to do with him. Car is 10 yrs old with 95,000 on the clock. The price paid was about right for the car with that mileage. Are there any rights under SOGA or CPA. thanks
  11. This week yet another person has been found guilty in court of cutting off a vehicle clamp and unfortunately this case is yet another one where the 'ownership' of the vehicle is highly questionable. In brief, the individual attempted to justify his action on the basis that he claimed to be the 'owner' of the vehicle that had been clamped. He stated that he had not received any documentation in relation to the contravention. On this point he would have been telling the truth given that all statutory notices are by law sent to the 'registered keeper' (this is the person whose name appears on the V5c....commonly called the log book). For reasons that are very unclear, the defendant transferred his vehicle into the name of his flatmate and both he and his flatmate were recored as joint drivers on the vehicle insurance!!! It is cases such as this one that are the root cause of enforcement companies and local authorities viewing 'interpleader' and 'third party' claims with such suspicion. The legal position is that unless clear proof is provided, the registered keeper is deemed to be the owner of the vehicle. I will post details of the relevant legislation in the next post.
  12. Hi little advice needed as slightly complicated matter and having difficulty seeking advice as no one seems to know what I'm talking about (eg CAB and Shelter) I have a 50% shared property mortgage and housing association leasehold. I have received an eviction notice due to rent arrears. There a suspended possession order in place that included both the mortgage and rent aspects. Due to large legal fees on both accounts I was in discussions with the housing association and they have now obtained an eviction warrant for 9th July. I have already made an appointment to file the N244 form. The notice of eviction was an LT28 I discussed this with my mortgage company, they were unaware of the proceedings and informed me this was the incorrect form and should be for an owner/occupier. CAB have written to the housing association stating my case and offering a payment plan but they are a little hard nosed and not interested. At a bit of a standstill and unsure what to complete on the N244 as still unsure if the correct form was used (trying to speak to my mortgage company to see what they are now aware of). Any help appreciated and hope this makes sense .
  13. Hi Guys We recently purchased a new car for my girlfriend to the sum of almost £4000. The car was bought from a trader. Service history was good and the car drove well, and we negotiated in a fresh MOT which came back with only minor advisories. TDi car on 54K. We also forked out for a 'Silver' warranty package from Warranty Wise (more on them in a minute). After 11 days, the turbo has gone back and looks like complete failure. Warrantywise want me to take it into a VAT registered garage, pay for diagnosis & have the turbo stripped & sent to them for assessment. Having read up on various sites about warranty wise I'm starting to think it isn't worth the paper it's written on and they will do anything to get out of paying and will most likely cite "wear & tear" even though the car has only done 54K. Their silver cover level also says that it doesn't cover the oil seals on the turbo and things like consequential damage is a grey area.. .so if the turbo going has damaged other parts of the engine then we could be in even more trouble. Also, after having enquired with 3 local garages, they were unwilling to deal with warranty wise due to being messed around with them in the past. called the trader who said that there was nothing he could do and that it was for the warranty company to sort out. I told him that under SOGA the responsibility lies with him as the seller to remedy the car, or that I wanted a full refund as it was only 11 days since purchase. He said he would call warranty wise and discuss it with them and call me back the same day. That was 48 hours ago and I've had no phone call from him. The car is really nice and we would like to keep it if it worked, but can't help feeling this could spiral out of control and the best bet would just be to reject the goods under SOGA and ask for the car to be collected (it's over 60 miles from trader so towing at own cost would be expensive). Are we within our rights to do this, and how do we go about it formally if the trader won't play nice? I am going to call Trading standards / Citizens advice this morning, but any advice from you guys would be much appreciated. Kind Regards
  14. My OH purchased a 40% share in a flat in 2008 the flat was valued at 175k. Soon after due to the crash of the Icelandic banks the company he worked for made his position redundant. The company lost money. He was out of work for around 4 months. It was a struggle to keep up with the mortgage payments and the rent (60%) rent (40%mortgage). My partner was self employed. A one bed flat was costing us £1800 a month inc rent/bills and mortgage. . He had remortgaged 3 times by now and my other half has been in and out off work ever since. We just kept on playing catch up and getting nowhere. With years off struggle, depression we finally decided in dec2012 that enough was enough. We handed the keys back to our mortgage lenders in March 2013. Wrote to both the HA and building society with forwarding addresses and told them both that he has no longer interest in the property. Today (October 11th) we received a letter from the HA to say that the property sold at 155k. They (HA) were expecting to receive 93k as they owned 60% and in respect to stair casing but because we handed the keys back to the mortgage provider. The lender reposed the flat. This led to them selling the flat and exercise their rights under the mortgage protection clause in the shared ownership lease. The lender recovered all the outstanding mortgage to them , 12months unpaid interest, legal and estate agent fees, together with arrears paid on our behalf. The HA received £59.8k in respect of the stair casing. They are now chasing my OH on an outstanding 33.1k. The reason we handed back our keys was because we could not afford our flat. My OH or I do not have 33.1k Any advise us much appreciated. We handed our keys back to the mortgage provider not the HA. This meant the Mortgage provider sold the flat. Took the money they lent us plus added legal selling fees etc. our shortfall is with theHA now. I've posted to get advise on what my options can be on my own thread. Please can some some help or give advise
  15. Wondering if anybody can help, our house was bought in my wifes and her mothers names, it is fully paid off, (no mortgage etc) but my wifes mother recently passed away and we dont know how to change the ownership, we were told to just use land registry but cant find anything on there that fits the bill any help appreciated
  16. hi, My first post and i'm guessing it's going to be pretty unique. My parents split-up when we (3 children) were young & we were brought up by our dad in the family home. Obviously he paid the mortgage, etc. Meanwhile our mother re-married and she has now got plenty of money but dad is broke. The house is still in both their names but mum says she wants to transfer the entire ownership to my dad as long as she "just has to sign something" and it doesn't cost her anything. Dad has agreed to pay all costs but doesn't think he should be actively involved as he doesn't think it's right for it to look as if he was pressuring mum into handling over her share. When i phoned a local solicitor they said dad needed to do it but i agree with him, it might look as if he was forcing her to do it. Is there a document they could both sign that we could then send away to be "legalised"? Or ... ???? Thanks for reading, please help if you can.
  17. Apologies if this is in the wrong section as i couldn't find one more suitable. If this is the case could you please point me in the right direction. Ive been recently talking to a friend who has a shared ownership flat wherby they pay mortgage and rent. We discussed a number of repairs that she had paid out for herself which i thought maybe the landlord (radian housing) could possibly have been responsible for and had maybe misinformed her. If this is the relevant forum section then id like to ask for advice and or experience on the matter from those more in the know. Many thanks.
  18. hi I am new here but would like some help. i bought a cheap car from a dealer and it had a few problems. They tried to fix them and then found that the water pump also needed fixing. As I needed the car they offered to just exchange for another.....Thinking about it I decided that it was maybe best to just take the other car. I was issued no exchange receipt, no new invoice.....nothing.. anyway - I was not too happy - but happy enough to just have the other car and go. it seemed reasonable. I was told that the car had MOT til Oct. I was given a reference number to do the online tax and told I could drive home on the dealers 'drive away' insurance. I got home and immediately set about the tax and informing my insurer - only to find the car has no MOT. the dealer is 20 miles from my home, it was Friday afternoon - when I telephone at 4pm they said they would have to get back to me- and I got a text at 5.05pm saying YES it has no MOT. tried to call back - no answer I needed the car for work that night and this weekend and am angry I called 9am Saturday morning and was told to get a MOT locally... I don't feel that this is really my responsibility... I mean what if it doesnt pass. I am then out of pocket on the MOT and then what? Anyway I asked that we just swap back..I mean the other car is still taxed and insured in my name..yes it wasn't the best but at least it had MOT. I was told the car was no longer there...the mechanic had taken it... It is still in my name - I have all the documents, tax and insurance.. where do I stand? What should I do. I am confused... thanks in advance
  19. Hello I have a friend who has used this advice forum a lot and it comes highly recommended This is my first posting and use of this forum Over the last 6 months I've found myself in a really tricky situation. I lost quite a high powered job, high income and so on, had no savings, high outgoings etc and stopped paying cards, mortgage and so on. I've recently been re-employed and look well back on track. But long story short, I've been declared personally bankrupt in court in the last few days. I took a long look at the options, took advice, it was the right thing to do. Whilst not pleasant much of the process seems straightforward. However one item is pretty tricky and is like to ask for some advice on it please. I live in separate rented accommodation, but I own another flat. The Mortgage is £155k, the mortgage company currently value it at £140k Mortgage payment is £750/Mth, service charge £150/Mth = total £900/Mth The flat is rented out for £900/mth (to two Chinese student with poor English skills) They have paid £900 deposit plus a full year Upfront to cover 1st September 2014 to 31st August 2015. They paid a year upfront as this tend to be normal for foreign students. The money was paid direct to my mother and is held in her bank account as I intended to shield it from my personal bankruptcy. However, since late August around half had to be used for day to day expenses and there is £5800 balance remaining. The mortgage on the property has not been paid in 6 months and a repossession order is in place with a hearing booked for Monday 1st December. The official receiver has indicated she's not likely to be interested in the flat as its in negative equity and therefore it's up to the mortgage lender if they wish to force a repossession. However she is keenly pursuing the rental money held in my mothers account. If the lender insists it is repossessed then the students will be evicted at some point. They rightly should expect the remaining balance of rental money. However the official receiver is demanding I hand it the rental money immediately. I fear if I hand it over now the tenants will not not see it and not only be asked to leave but will also be left without any rental money to find a new place, along with this being hugely disruptive to their final year studies. The thought of this is a heavy burden to me and I'd like to know what my options are with the tenants and the situation as a whole. Aside from dropping them right in it, I can see them pursuing my legally for the rental money. Ultimately I'd like to keep the flat, setup a plan for payment with the lender to settle the shortfall and get it back on track. I wondered if there was any way I could do this. Any advise or guidance would be very helpful. Kind Regards, Rob
  20. Hi I don't know if anyone is aware of the case law of Phoenix Recoveries (UK) Limited v Kotchea, Court of Appeal 26.1.11. A summary of this case is that a discrepancy as to interest rates was different. K had a strong prima facia case that the interest rate charged in 1998 which would have been specified in the document that he has signed were not those that appeared in the terms and conditions that were in evidence. The interest rate under a consumer credit agreement was a term of central importance. Section 78 required the creditor to supply a document which sets out the original terms as to interest rates. P had not shown that the obligation has been satisfied. It would therefore be appropriate to set aside the Judge's order in the original hearing. This case can be used if you need to defend yourself in proceedings. If the figures don't add up, no add up no pay. Also check who the Claimant truly is, prove of ownership is vital. This can be done by asking for a notice of assignment and deed of assignment as well as the credit agreement regulated by the Consumer Credit Act in the prescribed terms. The debt collection agencies and their solicitors seem a little shy when asked for this information and take to the hills. Hope this helps.
  21. I found out today by finding it in the local press that I've been taken to court over not notifying the dvla for change of ownership... This was on 12/5/14 ..but this was in my old married name (changed by deed poll in nov/11) and to my old address which I moved from in nov/12... I've sold all vehicles in my name by part exchange to reputable main dealers.... I don't know what's going on but am extremely upset that the local press and the court have demeaned my good character...anyone got any ideas?
  22. Hi all, Last year I had sold my car privately on 01/07/2013. This was due to the fact that my father had died and my mother had sold me his car. Therefore I had to sell my car. I sold it on this date and sent the v5c form within a two week period of it being sold. I knew it was within two weeks as I was back at work at the end of July and I had also met with the new owners of the car 3 weeks later when they found some CDs under the seat. They asked me if I had sent it and of course I said that yes I had. That was that. (Again unfortunate that I did not have exact date of posting but I had dad's funeral to worry about). I did not ring DVLA after 4 weeks of it being sold , as we know it is not statutory in law and because I was dealing with everything else at the time - helping with dads funeral, sorting out my mum and dealing with family matters. I receive a requsition on Thursday evening saying that I had to answer the charge that on 31/07/2013 I failed to deliver notification to the Secretary of State the registration document. It is asking me to make my plea. The witness statement says that no proof was given that I had given them necessary details for them to believe that I had informed them. I did indeed send it off, my partner is witness to me putting it in an envelope and posting it. At the time I unfortunately did not use recorded delivery but I had other things on my mind and didn't realise that I would need to use any recorded delivery. (I know better for the future to use recorded!) What are my next steps in order to try and resolve this? I'm am in no way a criminal and have been very upset and stressed by this letter. I am worried that it will effect my job as a teacher and basically ruin my career.
  23. I have recently given the keys back to the bank for my house as I couldn't pay the mortgage and the house hadn't sold after being on the market for a while. The house was a 50/50 shared ownership with a housing association. The house was valued at 90k prior to the v.repossession. I only owed 17k on the mortgage so if it had sold it would have given me 28k (50%) after paying the bank. The house is now being marketed for sale for 70k. if it sells for 70k,will I get half of the remaining cash or will the housing association be eligible for half of the the original valuation of the house (90k) ? Hope you can advise,shared equity mortgages are so confusing. Thankyou.
  24. Hi, ive been looking through a lot of info but its just confusing me to be honest can someone give me a dummies guide to these schemes! lol say for instance there is a three bed property the price range is 80'000 and you need a minimum of 45% share in it so from that information how do you go about it. My general figuring is, you get a deposit of the 45%? then you pay the monthly rent? in relation this also, whats the deal with the credit score process. Surely not everyone on these schemes are required to have a perfect credit score? but at least not in the red? yeah anyway just would be good to have some guidance,im normally okay when i read information but with so many different schemes and prices and numbers,its just baffling,wish i knew why!
  25. Hi All In July 2002 I could not get a mortgage and my father took out a mortgage on a property i have lived in, in his name for which I have paid ever since. A verbal agreement was made that the property was mine, however the deeds are in his name. In the last month he has decided that the property is his and is trying to sell it and keep all the equity. He is also now claiming he was a landlord for the past 12 years although he has done zero maintenance etc. I can evidence the payments for the house every month to his bank account. This puts me in a difficult postion, proving the verbal agreement, losing considerable equity in the property and also means I have lost 12 years I thought i was on the property ladder and of course potentially homeless. I could really do with some advice on my legal position here. Please no comments on how I should have got something in writing, i didnt think my own father would do this. I was thinking along the lines of "implied trust' - that we must have had an agreement for me to pay for the home, or else why would you have paid for all the the repairs, improvemensts and monthly payments etc. Also, can I withdraw implied right of access to the deed title holder? Thanks
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