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    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.   3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form: it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’ So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know. It seems it is dependent on the wording 'completed by registration' and 'is to be registered'??? Below is copied from Martin's MSE.  This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to decieve you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
    • I have got a copy of the charge. The Land Registry responded to say that the document attached to the RX1 was as follows. The A4 document headed 'Health and Social Services and Social Security Adjudications Act 1983 and National Health Service and Community Care Act 1990' is a statutory charge. However as the person concerned (your late father) was one of joint proprietors of the property, the charge could not be registered or noted. Instead it was protected by registration of a restriction.   This is a statutory charge that has arisen under section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   Unfortunately the Land Registry blog was discontinued on 30 June 2020 [I only found out today!] they're waiting for a new platform which could take a few weeks - so I haven't been able to obtain any other advice, other than what I found in the Hardwick and co website today which stated that S22 of HASSA had been repealed and stated that    After 1 April 2015 a Local Authority will only be able to recover unpaid care home fees by securing a judgment debt either in the County Court or the High Court (s69(1) of the Act). and The Act increases the time limit for the recovery of a debt comprising of unpaid care home fees from three years to six years from the date the sum becomes due   hence I thought that as the fees had not been paid and more than 3 years had elapsed that perhaps the charge was no longer extant?    If the restriction is such that the CS only has to notify the council [and there's no restriction on me selling] then I thought the sale could proceed while I continue to battle it out with the council. Who haven't been in touch now since 2016.   This is all very complicated - I'm sure it could be simplified!!   Thank you      
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as i work in the building trade i often get sent to peoples houses to do repair work for insurance companys. although i work as a sub contractor the job i recently finished has thrown me a little bit. the excess on a claim used to be £50. this is now a £150. the top floor flat had a leak. this was repaired. their excess was £200. (no where near the cost of the job). the flat downstairs which recieved the water damage had the old ceiling in the hall taken down and replaced and replastered. the same with the tank cupboard. i have since painted the ceilings and walls, no woodwork. the customer who had this work done through no fault of their own have been told THEY must pay £150 excess for the work done. the customer has refused to pay this. which means i wont get paid. can someone enlighten me as to how myself and the customer can get this sorted? thanks if anyone can help.

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The normal chain of events would be as follows

 

Damage Occurs

 

Policyholder fills in claim form and gets estimates

 

Insurers inspect and agree work and write to policyholder stating they accept the estimate from XYZ company, and will pay the claim subject to sight of invoice and less £xxx excess

 

Policyholder is aware of the excess (ie how much the insurers will not be paying) and gives the go ahead to XYZ company

 

XYZ do the work and invoice the customer, customer pays in full and then gets cheque from insurer, less any excess.

 

Some companies appreciate that policyholders don't have much money and wait for the insurance money to come through, this is goodwill on their behalf and in no way affects the contract between customer and company.

 

 

 

Obviously something has gone wrong here, however, if the customer appointed you then you have every right to expect and demand payment from them. They cannot claim that because the excess is so much that they are not paying you, the excess is between the customer and the insurer. The customer will have been aware of exactly what the excess was because it is stated on the approval of work confirmation.

 

You need to go back to the customer and tell them they appointed you, they authorised you to do the work, your contract is with them and you want paying. Do not get involved in the insurance argument, unless it was the insurers who instructed you to do the work (which I doubt it was).

 

Mossy

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cheers for the reply Mossy. but oops i forgot to add one bit. the house owners did not get the letter from the insurers until today. i completed my part of the job...... today. so they were not aware of the excess. i think the customers problem is that the damage was nothing at all to do with them. it was all from the flat above. but seemingly any damage occuring in YOUR house is now down to YOU to pay. although you are blameless in causing the damage. i will get paid, eventually. i feel sorry for the customer having to pay £150 and their only crime is getting flooded from above. it seems like a nice [problem] from the insurance companys to keep all small claims away from them. thanks again

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seemingly any damage occuring in YOUR house is now down to YOU to pay.

 

This does seem to be how the insurers are playing it but there is nothing to stop the lower floor householder from claiming their uninsured losses themselves from the upstairs flat. Escape of water doesn't happen without a reason but with smaller claims the insurers don't employ a forensic investigator to check the cause as the cost would be prohibitive. For individuals, if they know why the flood happened, they may be able to claim quite easily.

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insurers won't attempt to pursue the people that caused the escape of water because in order to recover the costs they'd generally have to prove negligence. If the damage was caused as a result of a fortuitous event (burst pipe, etc) then there is really nowhere to go with this - your customer could attempt to obtain their uninsured losses from the people upstairs, but is unlikely to be successful.


WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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As I've said on another post, I believe the claim could be one of nuisance rather than negligence.

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