Jump to content


  • Tweets

  • Posts

    • 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) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
  • Our picks

kezcameg

Home assistance through Sheila's wheels

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2535 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all,

I have home emergency cover through Sheila's wheels and I've had a major problem with a recent visit by one of there engineers.

On the 30th October my boiler stopped working so I called the home emergency number and they sent out an engineer the next day, he looked at the boiler and stated that the pump had gone so he fitted a new one all was fine and he gave me a readout of the boiler readings then after about five minutes the boiler went bang he turned the boiler off and then decided that the flue had collapsed and that if I used the boiler my 2 children would be killed so of course I was very scared. He took the fuse out of the boiler and told me he would phone the insurance company, I phoned the insurance the next day and they said they were waiting for a report off the engineer.this went on for over a week by this time I was getting desperate with no heating or hot water.they finally come back with a quote of £1950 because the flue liner had to be replaced as you can imagine I was a little shocked so I phoned my normal service engineer out for a second opinion he came out and did numerous tests on the flue and said in fact there was nothing wrong with the flue and the boiler was not only safe now but had been at the time of the first engineers visit as the carbon monoxide level was at 2ppm and the safe level was 50 I then looked at the first engineers printout and that also stated that the monoxide level was well below the safe level.as you can prob guess I put a formal complaint in but home assistance are now arguing that perhaps the boiler flue was showing faulty at first but when my engineer came out it was not faulty I have had to pay over £300 in engineers work to get a full safety check done all of which have come back that there is no problem with the boiler but Sheila's wheels are refusing to pay for any of my costs so what can I do now.

Share this post


Link to post
Share on other sites

Sheilas Wheels Engineer would have been Gas Safe Registered, so ask SW for the engineers full registration details and make a complaint about them.

 

You can find out from the Gas Safe people, how you can follow through with a complaint about the engineer.

 

http://www.gassaferegister.co.uk/footer/contact_us.aspx

 

You are wasting your time with SW complaining about the engineer. Only contact SW for the engineers details and then make a complaint to Gas Safe. It sounds like the engineers was wanting to create some installation work, perhaps for the company they work for.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

i should have said its an oil boiler so does he still have to be gas safe registered

thanks

kerry

Share this post


Link to post
Share on other sites
i should have said its an oil boiler so does he still have to be gas safe registered

thanks

kerry

 

The engineer or the company they work for should be registered with the appropriate body.

 

OFTEC ? http://www.oftec.org/


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

they are not registered with oftec or gas safe and according to insurance he didnt have to be as oftec is not compulsory

Share this post


Link to post
Share on other sites

he is not registered with oftec or gasafe because according to sw he dosnt have to be

Share this post


Link to post
Share on other sites
he is not registered with oftec or gasafe because according to sw he dosnt have to be

 

If this is the case that SW's use unregistered engineers then SW's are responsible for the actions of this engineer. Get on the phone and make a complaint to the claims manager at SW's. The engineer may have just switched your boiler off, hoping to get some extra work, rather than suggesting that you get someone more qualified to fix the boiler.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Have done that but they are unwilling to uphold a complaint because they believe that the engineers actions were correct even though its been proven that the information he gave me was false.they said that a flue could fail one day and pass the next, something which oftec said would not happen

Thanks

Kerry

Share this post


Link to post
Share on other sites

Write to Chief Executive of SW's making a formal complaint and threaten to take the matter to the FOS, as well as involve your local press and MP. How can someone at SW's respond to you, giving their unqualified opinion on a flue. It is just silly.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Write to Chief Executive of SW's making a formal complaint and threaten to take the matter to the FOS, as well as involve your local press and MP. How can someone at SW's respond to you, giving their unqualified opinion on a flue. It is just silly.

 

Thanks for all your help, I will phone them first thing and let you know what they say.

Share this post


Link to post
Share on other sites

it gets worse my boiler has now broken again but they are refusing to come out or guarantee there original work because I haven't replaced the flue that didn't need replacing so I've now got no heating no hot water and no money because they haven't refunded my costs for getting out my engineer for a safety test I really don't know where to go from here.

Share this post


Link to post
Share on other sites

sheilas wheels are part of esure try emailing stuart.vann@esure.com with all the details, be polite but firm and state what resoloution you require, that should be the CEO email for esure


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...