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    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
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Hi

All i need some help,

 

the bailiffs visited my house with a distress warrant for my ex boyfriend.

 

He no longer lives at my property which i informed them, and they told me unless he pays in full they will enter my property with a locksmith

and I would have to go to the auctioneers with proof at a later date that the goods are mine.

 

They said they have my address as his address so will be breaking in as this is a distress warrant and apparently with this type they have the right to.

 

I have emailed Marstons with a copy of my water bill to show only my name is on it and to tell them he does not live with me.

 

Is there anything more i can do to keep them away as I have a feeling they will be back this week :(

thanks in advance for any help

Lindsey

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Hello and welcome to CAG.

 

I'll move your thread to the bailiffs forum, where I expect the guys will be able to help you. They're very good. :)

 

I'll leave a short term link here for you.

 

My best, HB


Illegitimi non carborundum

 

 

 

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You can tell them to go away if you have sent proof of non residence, technically they could say they will break in if it is a magistrates court fine, but in reality if they did and no sign of debtor, they would then be on a sticky wicket.

 

If they call whislt you are in you don't have to answer the door, and film them through a letterbiox to capture any threats. A lone woman would be best advised to not open the door to Marstons as they are noted for assaulting debtors then claiming the victim assaulted them.

 

Others will be along with more focused advice soon.


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As you have provide proof to them and told him the x does not live there they wont be breaking in

it is not a case of going to the auctioneers to prove anything all he is after is cash and thinks he can intimidate you to pay

 

Not your debt so your goods are safe

 

as above if they do return you can ignore door or tell them where to go

Bailiffs lie so don't believe there dribble


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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If you know where he is you could always tell them!

 

If you don't want to do as above then I would suggest you go to a solicitor - no appointment usually needed - and swear a Statutory Declaration that all property in your home is yours. Although Court fines carry a forced entry provision this is for persisitent offenders and they should have an additional Order allowing them to do this. As brassnecked has pointed they will look rather silly having been told anyway.


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