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    • Thanks BankFodder.   I wasn't intending on making bones about it with them but I was irked at being dismissed with the phrase 'it's store policy'.  I returned it because I was returning an air hockey game which wasn't functioning properly.  I would have assumed that if it were designed as a toy for an audience that may be prone to dropping it, it would be made to be suitably durable.  I was expecting that a year would have been reasonable and by it not lasting it was, as you mentioned, not of satisfactory quality. Alas, it's not something I wish to pursue to find out for sure.   I do appreciate your feedback, as always on here, I like to know where I stand with these things.  Thanks also for the heads-up on the Youtube video, I had not thought of that.
    • I've also being doing some reading over the weekend. It appears the law of properties act 1925 does not apply in Scotland (only England and Wales).   "In Scotland an assignation need not be in writing, and intimation is all that is needed to give the assignee a right effective against all parties. Apart from the terminology, the principal differences in England are as follows. Under the Law of Property Act 1925 the assignment must be in writing, the entire benefit must be assigned, and notice must be given to the other contracting party. If any of these elements are missing there may still be an equitable assignment – under which an assignee would typically need to join the assignor as a party to any action under the contract."   So I think the NOA defence is not going to hold up, as Nolans are probably right in what they are saying that their letter (intimation) is sufficient.   So my sole defence is going to be lack of default notice under section 87/88.   Any advice at this stage? I assume costs are still capped at £150 if lose?
    • Hi bankfodder. I do have the invoice in my email, so would it be the cost of the turbo and labour for fitting
    • as i said unsure of what this 15% is about.   the FOS/FCA clearly describe how refund calcs show have been made the their relevant sites.   p'haps at this juncture it might be better to scan up to ONE multipage PDF their refund letters  another set of eyes is always belter.   please read our upload guide carefully      
    • I wouldn't bother with emailing Virgin's CEO.   In April I started a complaint about my BB connection which they repaired quickly but charged me to repair.   I was mostly ignored or promised resolution that never happened. So I complained by email to the CEO, twice, demanding written responses. On each occasion, a lowly call centre worker called and it was obvious they knew or cared little about my actual case.   Finally I got a written reply confirming the charge was dropped but not a penny offered in compo despite the issue taking months to resolve.   Virgin don't take CEO complaints seriously.
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        • Thanks
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        • Thanks
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Hello, I have never used anything like this before but me and my partner are desperate for some advice.

 

On Friday we received a letter from the bank saying they are taking our case to court to start repossession proceeding due to mortgage arrears.

The case is to be heard on November 5th 2014 and we are beside ourselves with worry.

 

Here's the story:

My partner took out a mortgage to buy the property we are both living in back in 2005 with his ex parter.

They are both on the deeds although she paid nothing towards the deposit (that is another matter)

They broke up in 2010 and she moved out with their two children to live with a new partner.

 

 

Tom (my partner, home-owner) could only afford to stay in the house for a couple of months

but as he was living alone and had just lost his job, he started to fall into arrears with the mortgage.

 

 

His ex partner refused to pay any of the mortgage payments but insisted he still the property.

She claimed she was entitled to half of the profits from the sale of the house and that is all she wanted.

It was explained to her if the payments weren't made the house would be repossessed any way and she wouldn't have a penny.

 

She still refused to pay

 

 

my partner moved out and his father moved in as a paying tenant.

He lived here for just over a year and Tom was finally able to start repaying the mortgage again.

 

 

However as he still had no job he couldn't find the money to repay the arrears, so they along with interest kept on building.

 

In 2013 Tom and I had a son together and we considered moving in to this place.

At the time is wasn't realistic as he was still out of work and I was technically a single mum on benefits

as Tom didn't live with me (he lived with his mum).

 

In march 2013 not long after our son was born Toms ex partner informed him she was going to be moving over 100 miles away with his two children.

Tom had no choice but to take this matter to court and

 

 

over a period of 9 month he worked up a solicitor bill of over £5000.

She still refused to repay the mortgage but still insisted that she was entitled to half of the profits if it sold.

Again she tried to get her solicitor to make Tom sell the house.

 

This was the last thing Tom wanted to do as the deposit he used to buy the house was from inheritance his late granddad had left him.

We made the tough decision to move in here together in Feb 2014.

I sold all of my things from my old house, gave the house back to the council and moved in with Tom,

our son Charlie and my two other children from a previous relationship.

 

 

We had come to an arrangement with the debt solicitors working on behalf of the bank to pay the mortgage payments of £410

and £170 extra per month to clear the arrears to make a total of £580 per month. They would not wavier the interest.

 

Tom was still out of work but we were able to claim tax credits as a couple which we worked out

would help to pay the mortgage as I was still out of work myself also.

 

For a couple of months we were comfortably paying the mortgage and the extra amount to clear the arrears.

However, in late April an opportunity for Tom to open his own shop came about that sounded too good to turn down.

All of the equipment was there, the owner only wanted 1 month up front for the rent and we didn't have to pay any rates for the first year.

 

 

As it is a butchers shop, stock was on week over week finance basis.

This is something Tom had always wanted to do and after many long hours going over all the pros and cons

he decided to give it a go.

We had both tried for so long to get jobs as employees this seemed the only way to make money.

 

We opened the shop in May 2014.

 

although it is doing well, it still is not turning a profit.

Some months we had to use money we didn't have to pay the shop rent or utility bills

which set us back again with the mortgage payments.

 

 

Last month we had lots of extra expenses such as school clothes for my two children,

the school lunches money, swimming lessons and guitar lessons to pay for for the start of September.

We have now fallen be-hide again.

 

 

With Christmas just around the corner we have big concerns over how we are going to manage to pay anything.

 

With Tom and I not earning from the shop, I am unable to take a second job due to child care issues and not being able to drive

- the only money we have coming in is our tax credits and child benefit.

We are literally living day to day as it is.

We have no luxuries, we don't drink or smoke,

we have cut down our food substantially,

we never go out,

we never buy new things

and the children never get treats or new clothes or shoes.

We are in desperate financial strains and this repossession order is the last thing we need.

 

The letter states we now have nearly £4000 worth of arrears and they want it all paid

or to come to a reasonable arrangement to re pay it before the court date of November 5th.

 

 

There is no way we can find that sort of money and we have no one to ask for help.

None of our parents have any savings at all, we have nothing we can sell and because we do not claim income support

or job seekers allowance we aren't entitled to government help either.

 

Toms ex partner still has nothing to do with us and still refuses to pay anything towards the repayments

(she still says she owns half the house though)

She did in the end move 100 miles away and so all her debt letters come to our address as they do not have her new one.

 

They have both been sent the letters about the court date, notice of possession order and also a letter from HMRC

(I think) about filling out an income/out goings and proposal for repayments but obviously we have hers.

 

 

We haven't told her about these letters yet or that we have to go to court but even if we did she wouldn't pay a penny as she wants it sold any way.

 

I know that I am classed as an entitled resident as I am Toms partner and we live together

and this mine and my children only home therefore I will go to court with him,

but what will happen if he's ex doesn't show up?

 

 

We will be emailing her today to inform her of the actions being taken, but we know she'll want nothing to do with it.

 

Please help us, we have no idea what to do to help us keep our home, we have no where else to go.

Is there anything we can do to stand a chance of this not going to court?

Or anything we can do to try to keep our home?

 

Tom is intending to talk with the debt solicitors working on behalf of the bank today to try to come to some sort of arrangement

but we have no idea what our rights are, what suggestions we should make or anything that might help us.

He doesn't have any PPI protection and will not be able to take a repayment holiday.

 

 

With the amount of CCJS against him he has a terrible credit history and will not under any circumstances

be able to get a loan for the money to pay off the arrears.

 

Please help us.

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A few questions if you don't mind.

 

Who is the lender?

 

How long is left on the mortgage?

 

Take a look at Ell-enn's repossession guide and complete the budget sheet you'll find there.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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Wow, what a muddle.

 

 

Can I just ask?

Is the house really worth fighting for?

Would you not be better selling it?

With those levels of monthly repayment the mortgage sounds reasonably small so you must have significant equity?

 

Would you not be better cutting your losses and renting?

 

It is always going to be a horrible mess with your partner's ex partner being on the deeds.

Does your partner have to pay her maintenance?

Sadly unless it was documented at the time she will be entitled to half the proceeds even if she didn't provide half the deposit.

However if she has not been paying half the repayments that should be deducted from her share.

 

Would you not be best served by severing that connection and moving on from there?

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Thank You for your replies, I have some answers to some of the questions you've asked.

 

1. Natwest is the lender, Shoosmiths are the solicitors working on there behalf in regards to arrears.

 

2. I'm not sure how long is left on the Mortgage, around 30-40 years or so I think.

 

3. I believe the reason the repayments are so low is because when my partner bought it he paid in over £80,000 as the deposit. He then had the mortgage to cover the rest and a couple of years later he re-mortgaged. There is still roughly £83,000 left on the mortgage and nearly £4000 in arrears.

 

4. The house is a three bedroom property, but is reasonably small, I believe that due to a number of factors, including its location, state of décor, facility's etc is doesn't hold a lot of equity. Last December is was valued at roughly £95,000 providing garden work and interior work be done on it. My partner has three judgements against the house totalling around another £4000.

 

5. We understand that because my partners ex partner is on the deeds she is entitled to half by law. (He is constantly kicking himself for this) He was young and nieve when he bought the property and thought he'd have a better chance of securing a mortgage if he had someone else on the deeds. We aren't too concerned about this at the moment.

 

6. We have tried countless times trying to severe the connection with her and the deeds but she is having none of it. At first she said if we paid her £10,000 she would take her name off the deeds and Tom would own the house souly. But she then changed her mind and said she wanted £20,000. Again she soon changed her mind about that too which is when she wanted to push for a sale to gain half of the profits. What she doesn't realise is that there will be very little money left, after paying the arrears and the judgement against the house they would be lucky to walk away with £1000 each.

 

7. If we could rent a property we would obviously considerer this, however, with the poor credit history it is unlikely we would be accepted for privet renting. Our local council is chocka-block and we'd be looking at a 3-5 year wait to get a council house (I was told this when I called today, the best they could do would be temp accommodation in hostles, hotels etc. which might also mean splitting up the children)

 

8. Yes he does have to pay child maintenance to his two older children who live with his ex partner, does this make a difference at all?

 

9. We would really like to keep the house and we'll do all we can to hold off the court action, we were just wondering what options we could suggest to the lender to help us. We have found out we can not capitalise the arrears as it is too large a sum and it doesnt look like we can extend the mortgage term with out Toms ex partners consent. We are very stuck.

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have you all the statements

 

 

have you had lots of arrears fees

letter fees

debt management fees

etc etc

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Are you sure about the figures and dates?

 

£80k deposit 9 years ago on a property now worth £95k. When he remortgaged presumably he was still with his ex or wouldn't have been able to remortgage. Is that right?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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Is there a joint mortgage with the ex ? If so, she could be pursued for any shortfall if the house is repossessed ?

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Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You'll find some good advice on here

 

 

.I lost my house last year fought for 4 years to keep it.

 

 

With regards your local council do they have a homeless unit?

 

 

My local council has one and were informed of my situation although they were trying to push me towards private rental

which was impossible with the fees etc.

 

 

I went for an interview with one of their officers and I used to phone them 2 or 3 times a week

as they were telling me that I had to be seen to be helping myself by looking at rental properties in the private sector.

 

 

They admitted I'd have a problem even though my council offered a bond scheme to any private landlord.

 

 

I was informed too that they could find me temp housing but could not guarantee that we'd be together

and it would cost my family of £250.00 a week for it.

 

 

I was fortunate I went to live at my father's he has his own house.

 

 

I never gave up phoning the council even when I was at Father's.

 

 

In the end I was offered a 5 bedroom house

 

 

I was only homeless for 38 days but couldn't move in until 4 months later.

 

 

I had the backing of my local MP.

 

 

Don't give up on the council

 

 

do some research and put your case forward

 

 

My Son works in Social Housing and told me to hold out for a Social Landlord house

 

 

he said that in these depts they like to see that you've been pro active.

 

 

I was homeless in a Cat B but a Cat A over crowded was above homelessness with other issues health etc.

 

 

argued that I was Homeless over crowded and my husband had mental heath issues.

 

 

I hope it doesn't come to losing your house

 

 

but please be prepared to do some homework

 

 

if you do end up losing it.

 

 

I wouldn't take no for an answer with my local council

 

 

I just kept putting my case forward in the best way possible.

 

 

My Son said there are times when your name keeps coming up

and if you are able to communicate in a positive way they do find ways to help you.

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