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    • Not sure if the above issue is covered in this group but if so I am after some advice.   My Dad is in his late 90's and on his death leaves everything to my Mum, also in her 90's but housebound. It is our intention and the request of Mum that when Dad has passed that the property she is currently living in is sold, we sell our property as well and we purchase a property with an annexe and self contained toilet / shower facilities where Mum could live out her days with us. There is no way on this Earth that she would go into an old folks home and it's certainly not on our agenda. Our daughter is their registered carer who currently looks after them.   Mum's Will as it stands at present states that I inherit her estate on her death.  She is talking about transferring the property she  currently resides in to me so that I can handle the sale of both properties. As her Will currently stands, the property she is living in will have already been sold so the Will won't be applicable. Could she change her Will now to state that on Dad's passing her property passes to me or can she gift the property?   The simple thing would be for Dad to change his to state that the property transfers to me but he is currently suffering with dimentia. He hardly knows what day of the week it is and gets very confused and agitated.   Any advice would be grateful. Thanks
    • One very useful admission to obtain from them in a recorded call would be to get them to admit that they hadn't informed you in advance as to the cost of the car rental. So for instance – "I'm just calling to find out what the cost of the car rental is because when you first approached me, it wasn't explained. I'm just want to find out so I can start arranging to pay how much I owe you." Something like that. The point is somehow or other to get them to acknowledge that they hadn't told you the rate at the time. It's an implied term of any contract the services that where no price has been agreed – then a reasonable price will be implied. Clearly you are not being asked to pay a reasonable price
    • Just to add, if you can start recording your calls then telephone conversations might be very useful because you may well be able to steer the conversation into some useful admissions. For instance, you might be able to get them to refer to the earlier conversations and what was said in them. This kind of thing would be gold dust. I think you can see that you have been tricked by aggressive salespeople – and it's up to you to start becoming a bit aggressive and assertive – and tricky – yourself.
    • Also, SAR to everyone else. I've already asked you to do this on the other thread. Also, no more phone calls unless you have read our customer services guide and implemented the advice there. Follow the customer services guide link or else click on it as it passes through the running banner at the top of the forum page
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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Buying a house that is under threat from repossession


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Hello

 

We are in the process of buying a house which is now under threat of repossession, the current owners have done an extension which has not had its final building regs sign off due to some minor work which needs completing and our mortgage company have now put a full retention on our offer until the building regs certificate is issued.

 

The current owners had a repossession hearing on the 3rd of this month and have been told to come back again on the 3rd of next month for another hearing.

 

After the hearing this month they have managed to borrow the money to get the building regs signed off which will be done this week.

 

Due to Christmas being just round the corner and knowing how long our mortgage company will take to remove the retention from our mortgage offer ( upto 10 working days once they have received the certificate) this will take us past the 3rd of january when they have there next court hearing.

 

once the retention has been removed we are all ready to exchange contracts though this will probably be after there next court hearing but only by a few days i imagine.

 

So my question is how likely is it that the court will issue a repossession order as this is the second hearing?

what is the likelihood of them taking into account that we are ready to exchange contracts?

 

sorry for the long post and thanks in advance for your help

 

Jamie

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ok thanks for the quick reply, apparently they have allot of equity tied up in the house which will clear the debt and leave them with a nice lump sum, they are keen to sell it to us rather than going down the repossession route as they get more money by selling it

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many thanks for the replies, i have one more question

 

if they get given a possession order when they go back to court on January 3rd is it still possible for us to buy the house from them before the eviction date?

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yes but only if they remain the legal owners.

if lender gets ruling then ownership reverts to them.

 

ok cheers, if it wasnt for christmas we would complete before the 3rd of january :mad2:

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reading this on the gov.uk site on possession orders

 

"Outright possession order

 

This gives the lender a legal right to own your home on the date given in the order and is sometimes called an ‘order for possession’. This is usually 28 days after your court hearing.

 

If you don’t leave your home by the date given in the order, your lender can ask the court to evict you"

 

 

 

reading that(worst case scenario) we would have 28 days to push the sale through no?

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Good news we got the retention removed yesterday, though the solicitors are now closed for christmas typicall. Does anyone know if it is possible to exchange contracts before the 10% deposit has cleared? the reason i ask is they go back to court on the 3rd an solicitors open on the 2nd so it would be good if we could exchange before they go back to court

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If the current owners take a letter from their conveyancing solicitor along to the hearing the judge will extend untill completion.

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  • 2 weeks later...

Great news :)

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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