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    • 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. 
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Had a discussion on the internet other day with an American going on about how bad gay marriage was

 

After pointing out that there are other topic that deserve the attention more and are more of a risk to civilisation than gay marriage. After all, when was the last time a gay person detonated themselves for the so called Gay Agenda" or Flew planes into buildings or committed mass murder.

 

Agreed that those who actually harm people with hatred should be the target of our efforts than those who just want the opportunity to love like anyone else


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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thinking it is far too hot, why can we not just have medium heat instead of the oven! it makes me ill. I prefer it be gradual and build it up gently not in one hit! I bet when I go on holiday next month I will prob have snow!


R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Had a discussion on the internet other day with an American going on about how bad gay marriage was

 

After pointing out that there are other topic that deserve the attention more and are more of a risk to civilisation than gay marriage. After all, when was the last time a gay person detonated themselves for the so called Gay Agenda" or Flew planes into buildings or committed mass murder.

 

Agreed that those who actually harm people with hatred should be the target of our efforts than those who just want the opportunity to love like anyone else

 

 

Well done Sabre

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Keep hearing the murderers in Tunisia were on the radar. Once on don't take off, or ignore. We all need to be vigilant as we go about our business as the murderers are always looking for opportunities.

 

 

ITV now tonight programme covers the threats we face.

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http://www.telegraph.co.uk/news/science/11733369/Earth-heading-for-mini-ice-age-within-15-years.html

 

For me two main reasons why Tories won election, reliance on personal image of leader, personal jibes towards the opposition, promoting a presidential image to impress and the other reason frightening people big business would leave the country and your jobs would be lost if Labour were elected. Perception is key. This country is great in many ways, not perfect but when it comes to assets being safe, you're not going to get a mass exodus of business. They could lose everything in other countries! Perhaps an idea to have a referendum on making your vote count to give fairness of representation. Maybe George O is next for leader, previously I thought Oliver G.

 

News report we are at the same level of alert as Tunisia.

 

Greece need to kick start industry and produce for themselves and export, a plan for this first and then the talk of bailouts and pay backs can be considered. As it stands it's a black hole for cash but Brussells don't want Grexit as it then shows a union fits all doesn't work. A big conundrum.

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Tories won the election mostly because of the potential for Labour to have got into government with the support of SNP. I live in the South of England, but the day before the election the Tories had a mobile billboard lorry touring the area with a billboard showing Ed Miliband and Nicola Sturgeon outside of no.10.

 

Also the Tories spent twice as much as all the other parties combined, so not a fair election. The Lib Dems had no money for a proper election campaign.

 

As for Labour, they were not offering a clear alternative. A very bad campaign. If you cannot explain why you are different to another party, you have a problem.

 

As for the current world, it is a mess. We could have WW3 within 10 years, but it will be different to the previous two wars. The various terrorist groups are joining together and they are taking over parts of countries already. The US and allies won't intervene on the ground yet, because they would incur a lot of casualties. Some of these terrorist groups have people living in western countries who will carry out acts of terror. The 7/7 type attack could well happen again.


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There was the Scottish scare mongering as well, for me that comes under my umbrella of business leaving Uk partly because of the Scottish factor and comes into my reason of perception, perceive Scotland as the enemy. A call of join me to defeat them. Could be seen as racist?

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There was the Scottish scare mongering as well, for me that comes under my umbrella of business leaving Uk partly because of the Scottish factor and comes into my reason of perception, perceive Scotland as the enemy. A call of join me to defeat them. Could be seen as racist?

 

Yes the Tories campaign could be seen by some as racist. The Tories see themselves as the party for England, hence English votes for English laws. They are no longer a unionist party.

 

I do not like Tories, after years of seeing their true nature. I just don't trust them. Some within Labour are the same. We have the new era of professional politicians who try to be clever. Telling lies seems to be seen as acceptable.


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all parties are the same I find, full of hot air.

 

I do not like the Labour party but that is my opinion.


R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Greece need to kick start industry and produce for themselves and export, a plan for this first and then the talk of bailouts and pay backs can be considered. As it stands it's a black hole for cash but Brussells don't want Grexit as it then shows a union fits all doesn't work. A big conundrum.

 

There's no room for cut backs so the country needs help to rebuild it's economy in a credible way and make the EU feel they have confidence in Greece to do this.

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Raising Fox Hunting again has angered and embarrassed many Tory supporters. Their view is there are far more important issues which need to be addressed and gives the impression the cabinet doesn't connect with the electorate. It brings back that Tory Boy image. The next thing is trying to force thru English votes for English laws, so they can force thru the Fox bill. I believe the people will begin to see what's going on with the blues in power and begin to embrace the SNP.

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Transport workers told to work 24 hrs. This will eventually be embraced, but the government made it look as though it was an outright refusal by the unions, for obvious reasons. There needs to be more discussion as to how this will be implemented but the bullies can't be bothered with that part of the equation. Now, surgical staff have been told to work weekends. With this implementation, people will see how these reforms take time to put into place, and not that train unions are purposely difficult. The government just want people to have that perception.

 

MP's just awarded 10% pay increase. So there is money then. There is also a long recess in summer. A world away from workers just trying to get a fair deal, work life balance.

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There was a news item about cartoons explaining the nuclear bombing of Hiroshima and Nagasaki.

 

The thought occured to me that the horror of the bombing, may have prevented nuclear bombs being used later, therefore saving more lifes in the long run. Had the bombing of Hiroshima and Nagasaki not happened, how history would have been different. Would Japan have continued the war ? Would other nations have got hold of nuclear technology that was more powerful in the years after because the full horror was only theoretical ? Would the cold war between Russia and the West been worse, with the potential for nuclear war being higher ?

 

An awful event in history, but we don't often think about how the world would have been different, had it not happened. Perhaps WW3 would have already happened and i would not be around to type this comment on CAG.


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why a few days before a holiday everything seems to go wrong!


R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Why do delivery drivers seem to expect us to be standing behind the front door, ready to open it at their knock???

 

Yes, I'm disabled so it does take me a little longer to get to the door, but the woman had the cheek to ask me, at midday, if she had gotten me out of bed!! I was standing there fully dressed, hair done, make up on. Evidently they let anyone drive, as I said to her sarcastically 'yes I always go to bed fully dressed'. she looked at me, obviously confused, and said 'well sorry about that'.

 

People!! Can't live with them, can't shoot 'em when they come to your door.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Thought of a new thread, but probably better here.

 

Have the public become too use to high death counts in accidents reported and it is no longer major news ?

 

Over the weekend we had the air show plane crash which has killed up to 20 people on the A27. It has been the first item on the TV news and is covered in newspapers, but it is not the big news story it would have been only a few years ago. A few years ago, we would have had continual news coverage and normal TV programmes interupted to break the news. Now it is just one story.


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Amazing Idea! What makes me smile in the start of the day is to thank God For giving me this another life to spend with my friends and Families. :)

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Thought of a new thread, but probably better here.

 

Have the public become too use to high death counts in accidents reported and it is no longer major news ?

 

Over the weekend we had the air show plane crash which has killed up to 20 people on the A27. It has been the first item on the TV news and is covered in newspapers, but it is not the big news story it would have been only a few years ago. A few years ago, we would have had continual news coverage and normal TV programmes interupted to break the news. Now it is just one story.

 

I think this terrible disaster will be the start of a discussion as to whether air show acrobatics should not take place over land. I sense this tragedy will be expanded upon this coming week.

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There's been reports in the past on this drug but I believe everyone should be aware of it's existence, and from what I hear it's on our streets. Do we all remember on the news a short while ago, a small shop owner is seen handing over his wallet to a man who was a thief. He seemed to just walk in, 'hypnotise' the shop owner and the wallet was handed to the thief. We didn't hear any more of that incident but my guess is it's this drug which was used. If a small amount of the drug dust is blown at you, you comply with whatever is asked of you and you lose memory of what happened whilst under it's influence. Maybe there should be an advert campaign, what happens in clubs and bars comes to mind and any citizen caught unawares.

 

http://www.messagetoeagle.com/devilsbreath.php#.VLwD6UesWbM

 

It's raised again

 

http://www.dailymail.co.uk/news/article-3220379/The-danger-Devil-s-Breath-women-criminals-using-new-trick-blowing-drug-powder-victim-s-faces-leaving-like-zombie-s-ll-ANYTHING.html

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I've noticed a 70's revival, clothes in shops, new car colours. When I look at the clothes funny how it takes you back quickly. :-D

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It amazes me the stupidity of some people who think they are intelligent and well educated, but answer questions on BBC Question Time in an illogical way. Charles Moore the journalist and a Tory Welsh MP appeared to believe that the Prime Minister was the only person who could press the button to trigger UK nuclear missiles being used. If this was the case anyone attacking the UK would first bomb the location where the PM was. The truth is that there is a command structure and the PM is at the top of a list. The PM cannot decide to press the button in isolation or rule out using them. This is what makes the Jeremy Corbyn nuclear button debate a bit silly.


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Yes UB. They're trying to discredit JC but imo it aint working!

 

We are really starting to see the true colours of those we thought really cared. I was disappointed to hear comments from a household name how we may as well live in China if JC elected. How ridiculous. This person thinks JC will rock the markets. The only people rocking the markets are those who peddle grim gossip which shallow city dealers use for their own ends. Challenging hefty rents and runaway house prices is a positive move, even for investors. If you don't address these issues, there will be empty property eventually, your portfolio is only as lucrative as those willing to buy or rent. Too much greed will desseminate that.

 

The Kennedys 9.30 tnite BBC1 back to the 70's:-D

 

Listening to how the gun lobby in USA dictates to a so called democracy. Money before people again.

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