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    • Well, we know it seems that the poops and others just use there MP position mainly to generate funds from their 'outside' lol interests Lets hope labor BAN second jobs for Mps - all second jobs - then create a truly independent expenses 'police' with real powers Tip of the iceberg: "A cohort of Conservative MPs standing down before the next election have netted jobs worth millions of pounds and have taken dozens of all-expenses-paid trips funded by foreign governments and lobbyists, the Observer can reveal." so far - "top of the list was former justice secretary Brandon Lewis, who has taken on five new part-time roles worth £410,000 a year alongside his commitments as an MP.   Outgoing Tory MPs take lucrative second jobs and ‘swan off on jollies’ | Conservatives | The Guardian WWW.THEGUARDIAN.COM Sixty four Tories and four independent MPs who lost party whip plan to stand down from the Commons amid dire polling for Conservatives  
    • The first thing you need to do is for your father to send Argos customer services an email saying he wishes to return the item within the 14 day cooling-off period under the Consumer Rights Act 2015. This is important because he needs simple proof to back up his request, as they are being stubborn. Enclose a copy of receipt details so they can locate the sale, Distant selling regulations will apply as he made the contract online with the retailer and they took the payment. The contract is between your father and ARGOS. He has to cancel the contract and receive a refund back to his debit card. You cannot act on his behalf as a third party and they have every right to refuse to deal with you if they so wish. Data Protection the number one issue. I don't understand why Privity was mentioned since nobody is suing anyone. How you received the goods is irrelevant. A retailer's terms and conditions cannot derogate statutory obligation.
    • TfL take abuse of staff passes very seriously. If the pass has been confiscated I imagine they will write to them and it could result in the card being suspended for a time, as I understand it. I hope you've told them about the card being confiscated and why? We need to know how many times you used the pass please - how many weeks at 2-3 days a week. Later I would expect TfL to write to you as well, possibly with a schedule of journeys made with the card, to ask you to tell them which journeys were you. They will ask for your side of the story. We can help you to refine a letter to send once they write but you need to start it off because you're the only one who knows the full story. I suggest something like this. Paragraph 1 a short explanation of why you used the card on the day you were caught Paragraph 2 you know you made a mistake and you regret it Paragraph 3 you understand how what you did is wrong and the effect it has on TfL Paragraph 4 you have taken action - tell them what - to ensure that this doesn't happen again Paragraph 5 you ask if they would allow you to pay the outstanding fare and their administrative costs to resolve this Please don't copy and paste what I've said, use your own words. HB NB This is a suggested reply, don't send it before they write to you because we need to see what they say.
    • I purchased the phone last Sunday evening, online, and paid online.    it was collected in store on the Monday afternoon, and then the return was attempted the following day, the Tuesday. 
    • Thanks honeybee13, They have not been in touch with with my partner yet. Will my partner be implicated? I really don't want to and have to live with knowing that the pass is confiscated and will not get it back?? I must admit i use the pass non peak and use it for 2 or 3 days a week.  I have no excuses and am bad in writing letters. I have read some thread and sample letters but i don't have mitigating circumstances. My mind is totally blank and can't sleep. 
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Possible transfer of equity


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Hi everyone, can I pick your brains for a minute?

 

If someone has a mortgage in joint names with his / her partner, and are worried about possible bankruptcy or charging orders. would it be a good idea to transfer the equity (and mortgage) into their partners sole name to protect any assets?

 

Would the bank or building society have a problem with this?

 

Regards

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Hi everyone, can I pick your brains for a minute?

 

If someone has a mortgage in joint names with his / her partner, and are worried about possible bankruptcy or charging orders. would it be a good idea to transfer the equity (and mortgage) into their partners sole name to protect any assets?

 

Would the bank or building society have a problem with this?

 

Regards

 

Well, if you're talking bankruptcy the Official Receiver would be able to reverse the transaction. It could be a pre-bankruptcy offence to do so under The Insolvency Act 1986 - If you just give the equity away 5 years prior to the bankruptcy.

 

If you sell the equity undervalue then the trustee could arrange for the transaction to be set aside, again up to 5 years if it was transferred to an associate or a spouse.

 

I'm not 100% sure on the implications with regards to charging orders, maybe i'll try and find out some more today if it is quiet at work.

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From a personal point of view, as my creditors get more & more threatening I have considered this course of action to prevent any possible charging orders.

 

I am in a position myself where by an individual owes me £2k and I was considering pursuing them through the small claims court. however after seeking advice I have been told that as they have no assets I would be unlikely to get my money.

 

Its one thing winning in court, but that doesn't automatically mean your going to get your money.

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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From a personal point of view, as my creditors get more & more threatening I have considered this course of action to prevent any possible charging orders.

 

The below was a response to a separate query at my work but covers the fact that county court does also in theory have the power to reverse transactions OUTSIDE of bankruptcy.

 

1. An asset is given away for nothing or for less than its true value. (This is similar to a "transaction at an undervalue" under section 339 insolvency Act 1986, which applies when someone becomes bankrupt). So, in your client's case an example of this would be if she gave her son the house for free or he paid her something but the payment was less than the value of the house.

2. The purpose of the transaction was to put the asset beyond the reach of someone who may at some time, make a claim against it (eg, your client's creditors)

 

The legislation which gives the court the power to do this is found in section 423 Insolvency Act 1986. Although it is in the Insolvency Act, it is not necessary for the person who entered into the transaction to be bankrupt before the court can reverse a transaction.

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Sequenci and Powell are correct.

I haven't gone bankrupt but was going to. I spoke to an adviser before hand and was advised against it as I had 1 asset (my vehicle).

I had just signed it over to someone else and was basically told they could reverse it and that they probably would as well.

They also dive into absolutely everything, so it's hard to pull the wool over their eyes.

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Thank you for your thoughts.

 

I can see the logic in the case of bankruptcy. However if I was to transfer the house solely into my partners name ( say for example we split up ) then 6 months down the line when we got back together. Surely a creditor would not be able to put a charging order on the property, would they?

 

hope that makes sense cos its Friday night and Ive had a few shandy's :p

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Thank you for your thoughts.

 

I can see the logic in the case of bankruptcy. However if I was to transfer the house solely into my partners name ( say for example we split up ) then 6 months down the line when we got back together. Surely a creditor would not be able to put a charging order on the property, would they?

 

hope that makes sense cos its Friday night and Ive had a few shandy's :p

 

I refer you to powells answer; there are various other legal avenues available to the court. Giving away assets in this maner comes close to a breach of the Debtors Act 1869 s5 (a criminal offence), to equitable fraud, and contempt of court.

 

You shouldn't do it. it's not ethical, and the court has the power (if it choses to act) both in equity, at statute and law, to recover the money.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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