Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • tobyjugg2
      US elections November 2024 [amended 18/04/24 - HB]

      By tobyjugg2 · Posted

      Fart: “Boorish cartoon misogynist.” “Cheeto-dusted cartoon villain.”      Michael Cohen says he used to be ‘knee deep in cult’ of Trump as he stands firm in fiery cross-examination ‘Knee-deep in the cult’: Michael Cohen holds his ground against Trump’s attorneys WWW.INDEPENDENT.CO.UK Trump’s attorneys want to undermine the former ‘fixer’ after damning testimony connected him to a criminal hush money scheme   Doesn't nodfathers lawyers/fans realise that anything they say about cohen being a crim reflects mostly on the guy he was crimming for? aka Trump LOL
    • FTMDave
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By FTMDave · Posted

      Notice how Kev goes about his scam.  In Kahunaburger's case they left the car park well before the time shown on the ticket they had purchased.  But because Kev added on the time taken to look for a parking spot and queue to pay/try to get an internet signal he still sent them an invoice. So If you had left before the Justpark message, say at 3:55, Kev would still have managed to turn that into a stay of 4:06 and thus an overstay and an invoice. Unfortunately for Kev, judges have ruled against his reasoning.  Have a read of this famous case  http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html  
    • fkofilee
      Perch/TM PAPLOC - old Oakbrook PDL

      By fkofilee · Posted

      Its okay - It happens. And this is why DCAs  user every trick in the book to try and make you crack.  Now its time to come back.    Im not sure how to proceed if Im honest if they have issued a Letter Of Claim.  Only as You could complain to Oakbrook and they still proceed with Legal Proceedings, but I dont know if that would help or hinder the legal proceedings if they began down that avenue.  I know a FOS complaint wouldnt stop Legal Action and probably run along side it.  But I guess a judge would view a disputed balance with the original creditor as cause for concern whether the DCA's claim is valid?    A bit of a muddle.     
    • FTMDave
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By FTMDave · Posted

      That is superb. To answer your question - Dear Mr Dhaliwal Change the sentence - As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us ... To - As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us contrary to the Equality Act 2010. Iceland have always been useless, not only in your case but in others, but I think if they realise they are breaking the law it will encourage them to act. I also think the letter is overlong and you could lose the paragraph - I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge - as the main points are made elsewhere.  
    • catscratch
      Perch/TM PAPLOC - old Oakbrook PDL

      By catscratch · Posted

      Hands up in the fact that i have probably F***** *P!!

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Can I claim back my share of house deposit after my name has been removed from mortgage?

gavandcarly

By gavandcarly
in Financial Legal Issues

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4474 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

gavandcarly

gavandcarly

Posted
Posted

Hi guys,

 

Just a quick question.

 

I bought a house with my ex partner a few years ago, and a few months ago I had my name removed from the mortgage as we split up.

 

I did not receive a penny of the money that I had put into the house back from my ex.

 

I am wondering if I can request for my share of the deposit on the house back now, even though my name has already been removed from the mortgage?

 

Could I take this to a small claims court, if my ex refuses? What would the chances of me winning be?

 

Any advice/help appreciated.

Link to post
Share on other sites
jacketpotato

jacketpotato

Posted
Posted

Hi,

 

I'm assuming you were not married. That would completely change the analysis.

 

When you pay towards a house, the law normally assumes that you become co-owner of the house in proportion to your payments. Only the deposit and mortgage repayments are counted, not contributions to household bills. However, there is some "wishy-washyness" here as the property can be divided in another way if a court thinks that is what you intended at the time. If your ex can convince a court that you intended the payments to be a gift, then you wouldn't be entitled to a share of the property - but it sounds unlikely that she could show this, but there may be some scope for her to make an argument like that if you are not registered as owning the property on the land registry.

 

However, just because you own a share of the property doesn't mean your ex-partner has to pay you off if she doesn't want to. You would normally only get your money back when the house is sold. You could apply for a court order that the house should be sold, but this can be expensive and there is no guarantee of success. If your ex sold the house and kept all the money without giving you your share, then she would be liable to pay you.

Link to post
Share on other sites
gavandcarly

gavandcarly

Posted
  • Author
Posted
Hi,

 

I'm assuming you were not married. That would completely change the analysis.

 

When you pay towards a house, the law normally assumes that you become co-owner of the house in proportion to your payments. Only the deposit and mortgage repayments are counted, not contributions to household bills. However, there is some "wishy-washyness" here as the property can be divided in another way if a court thinks that is what you intended at the time. If your ex can convince a court that you intended the payments to be a gift, then you wouldn't be entitled to a share of the property - but it sounds unlikely that she could show this, but there may be some scope for her to make an argument like that if you are not registered as owning the property on the land registry.

 

However, just because you own a share of the property doesn't mean your ex-partner has to pay you off if she doesn't want to. You would normally only get your money back when the house is sold. You could apply for a court order that the house should be sold, but this can be expensive and there is no guarantee of success. If your ex sold the house and kept all the money without giving you your share, then she would be liable to pay you.

 

My name is no longer on the mortgage as I had it removed a few months ago as I wanted to cut all ties with her. I no longer pay anything for the house, and i havnt lived there for nearly three years. I just want the deposit that i paid for the house back seen as though the house is all hers now and in her name. Is this possible? Can I claim for my deposit back even though I have already taken my name off the mortgage?

Link to post
Share on other sites
brokebutnotbeatn

brokebutnotbeatn

Posted
Posted

If you were on the mortgage then you will also be on the deeds; do you recall if you were removed from the deeds (Land Registry) as this has to be done by completing a form and paying a fee and both you and she would have signed it. Its highly likely this was done as I would imagine that would have been done by the mortgage company lawyers as part of the process, but it might have been overlooked; you can check with the Land Registry. If it was done and you are in fact neither on the deeds not the mortgage then I would pay for an initial consultation with a family lawyer (as you were 'in common') however given the time that has passed I would imagine there is not a lot you can do and she will argue it was a 'gift' when you split up and on the balance of probabilites win. If however you are still a legal owner then there is more you could do. The first thing to ascertain is whether or not you are on the the deeds.

Link to post
Share on other sites
brokebutnotbeatn

brokebutnotbeatn

Posted
Posted

You could BUT the fact that you jumped through the hoops 3 years ago to get yourself removed from legal liability for the house/mortgage but didn't at the time seek a buy out settlement rather stacks in her favour. IMHO I think you should put it behind you, get rid of the bitterness/stress you feel now about this and get on with your life as it is now.

Link to post
Share on other sites
gavandcarly

gavandcarly

Posted
  • Author
Posted

My name wasn't removed from the mortgage 3 years ago.... It was only 6 months ago....

 

The reason I want to claim this back is becuase she has taken me to a small claims court after being separated for 3 years claiming that because I was an additional card holder on her credit card I should pay half of the remaining balance, and she won the judgement!

 

I couldn't believe it!

 

I live in Dubai so I wasn't able to go to court to defend myself in court.

 

Therefore I want to be able to claim back money that I put in the house that she has kept....

 

If you guys reckon there is no chance I wont bother, but I cant afford to give her £1800 for HER credit card, so I would like to get my deposit back from the house.

Link to post
Share on other sites
brokebutnotbeatn

brokebutnotbeatn

Posted
Posted

Ah, I see. I recall that thread. As it is so recent yes I would imagine you could do a small claims; but it might be worth shelling out for an initial consultation with a family lawyer for some DIY advice. I would also challenge that cc order (but you are discussing this on another thread).

Link to post
Share on other sites
gavandcarly

gavandcarly

Posted
  • Author
Posted

Thanks for all your help!

 

I am currently awaiting a response from the court manager in regards to the judgement because I never received a date/time for the hearing from the court. They sent it to the address in which the claimant provided them with in the UK. Even though I put on my allocation questionnaire that I am in Dubai and for them to email me the date.time of the hearing.

 

Just a quick one how do you go about challenging a judgement please?

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...