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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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Housing Association - shared ownership and CPUTR?


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Hi

 

Quick question - does anyone know if CPUTR 2008 would cover the activities of a housing association for a shared ownership property.

 

Also would it cover the activities of a solicitors if the sols misreprsented the amount owing in arrears to inlude their costs?

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Thanks for looking in.

 

The person concerned fell into arears after losing their job - the Housing association did not tell them anout a scheme where they could offset their rent payments for 6 months in this situation. But they found out about it and it was agreed they could go on it.

 

At the end of the 6 months they were told they had to clear ALL arears within 3 months - and pay rent due. This was never told to them - they have asked for a copy of the scheme rules but have been told there are none.

 

They tried to complain and have been told they cannot complain as their complaint is about rent arrears.

 

The H/A's solicitor then wrote to their mortgage provider who has since paid the arrears and added this amount to their mortgage

 

Am at a loss as to what to advise - but the activities of the H/A have not been good - but where can they go with this?

 

They tried to come to an agreement which was accepted - but then the H/A misunderstood when the agreement was due to start - and refused to enter into the correct agreement - they have basicly been arses - it reminds me of Harrison v Link Financial - but of course that was a CCA case.

 

As the H/A do make money - are they covered under CPUTR 2008?

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The difficulty they'd have here is that there is usually a forfeiture clause in leases, which means that when rent (or ground rent/service charges) go unpaid, they can ask the mortgagee to pay them on behalf of the mortgagor/tenant. This is in order for the mortgagee to protect their interest in the property.

 

Now, if the HA wish to take action for rent arrears instead of asking the mortgagee to step in (it's highly unlikely that this would occur as most mortgagees insist on a 'first refusal' payment of any arrears to protect their interests before lending the money), then the HA as a social landlord would be obliged to follow the pre-action protocols in ensuring that they did all they could to ensure that the tenant knew what help was available to them. So, they admittedly were remiss in not informing the tenant about the options available, but since the tenant found this out anyway, it's a moot point. Three months is a very brief time to clear arrears, particularly if they are substantial, but given the forfeiture clause, there probably isn't much that could be done about that, even if it ended up in court. Forfeiture is precisely what it says - you forfeit if you don't do X. X in this instance being pay the rent.

 

The only thing that the tenant can now do is make an official complaint to the HA. They can complain about the way they were treated if they wish, and whoever told them they could not is talking hogwash. Telephone the HA and ask about their complaints procedure - if they claim not to have one, simply write to the chief executive and state that there have been obstructions in issuing the complaint (so make sure they get the names and designations of anyone telling them they can't complain). A complaint is not really going to do much other than perhaps create an apology for not providing information, but realistically there is not a lot that can be done other than for the HA to state they will show more consideration to tenants in the future.

 

If the solicitors were acting for the mortgagee in paying the rent arrears, then their fees will be covered by the mortgage agreement. So there is no case to answer there. It's contractual.

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As the H/A do make money - are they covered under CPUTR 2008?

 

HAs are not for profit organisations.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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HAs are not for profit organisations.

 

That may be a mot point - the deeds of the house show they purchased it for £25K (it's only 5 years old) from the builders - and sold it for £175K - £80K to the new part owners and still keep half - they then charge a monthly rent of nearly £300.

 

Sounds like rich pickings for a not for profit organisation.

 

though i take your point i think they could have been more helpful to the couple concerned - the list of letters and emails i have been provided show a shocking level of service - and then when they complained about one of the managers the complaint was passed to that manager to investigate - and informed them they could not complain as the complaint was about arears handling. Shocking - i was gobsmacked reading through it all.

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Property purchases and sales are about supply and demand. The HA may have bought cheap, but that doesn't mean they have to sell cheap; profits are probably used to purchase and sell further properties for those in need.

 

What were you hoping to achieve?

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an aknowledgement that they have failed to follow their own procedures - and the right for the couple concerned to have their voice heard.

 

If this had been a commercial operation they would have had TS and OFT to complain to.

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Property purchases and sales are about supply and demand. The HA may have bought cheap, but that doesn't mean they have to sell cheap; profits are probably used to purchase and sell further properties for those in need.

 

What were you hoping to achieve?

 

And also to repair and maintain them.

 

I suggest your friend complains to the Chief Exec, and if they still get no joy, try the Chairman of the Board.

 

Does the HA have a tenant panel? If so, try and find out if there is someone local who may be able to advise on this, or raise it on their behalf.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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an aknowledgement that they have failed to follow their own procedures - and the right for the couple concerned to have their voice heard.

 

If this had been a commercial operation they would have had TS and OFT to complain to.

 

If that's what you want, then my response regarding starting a complaint with the housing association is the right way to go. They will have procedures, and once their procedures have been exhausted, then the complaint can go to the housing ombudsman (they won't be interested until the HA complaints process has been followed).

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And also to repair and maintain them.

 

I suggest your friend complains to the Chief Exec, and if they still get no joy, try the Chairman of the Board.

 

Does the HA have a tenant panel? If so, try and find out if there is someone local who may be able to advise on this, or raise it on their behalf.

 

Thanks - will do

 

The annoying thing is that their complaints were actually made as constructive criticism pointing out some problems in communication - but they feel they have just been treated as moaners - yet they do have very vaid points.

 

Will certainly try the ideas suggested.

 

And thanks also lea.

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The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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If it's a house they don't, but they still have to for flats if it's something like the roof needing repairs, although it is recharged, and they have to give them notice of it.

 

I assume this is a house from your comment.

 

There will be some kind of agreement with the HA, which they have to provide a copy of, although they might ask for an admin fee.

 

I agree with Lea that the HA were probably within their rights to get the arrears from the mortgage provider.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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