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    • 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 think you will find that the time limit is 30 days – not 31 days. I wouldn't bother about the solicitor stuff. You don't need a solicitor. You simply need us because we don't charge any money and we are much more aggressive than the solicitors you will find anywhere. Also, you are offering the possibility of a repair instead of a refund. I would suggest that you don't do this. Simply assert your rights under the 2015 Act that you want to return the car and receive a refund plus any expenses you have incurred. This doesn't mean that you can't then negotiate a repair that it means that you have reserved your maximum rights under the act. Also, I understand that you have not had the work carried out. Unless you have actually had the work carried out and parted with the money, you will not be able to claim these costs. This means that the only thing you can do at present is to insist on a refund. Of course what could happen next is that the garage asked for the return of the car and they then carry out the work. The trouble with this is that I would not have confidence that the work would be carried out properly using new parts or good quality parts. Frankly I think that when I find myself dealing with this kind of garage, I would want to cut all ties with them completely. You may have further problems in the future and you will find that their attitude to you is even more difficult – especially if you force them into a corner to pay you your costs if you get the work done or if you force them to do the work. You have to realise that you aren't only depending on the garage to respect your consumer rights now, but also to support you in your ownership of the vehicle that they have sold you for at least the next two or three years. Having gone into conflict with them so early on in your relationship, I think it would have poisoned all of your dealings with them now and in the future and so I think that your best interests are served by getting your money back on going somewhere else. I think should consider this very seriously. Imagine that they repair the clutch and then a few months down the line something goes wrong with the gears, or the braking system or the suspension and you have to go back to them again. I think it's going to get very nasty. I see that you have been asked to identify the garage and you haven't done so. Are you trying to protect them? I suggest that you consider the comments that I have made here and draft another letter and posted up for our comments. However the letter should certainly be in the form of a letter before action rather than simply saying that you will huff and then you will puff and at the end of 14 days you will then get some help from somewhere. You need to be assertive and to take control. I appreciate you may not be able to do this on your own but we are here to help you and we will support you all the way. Start reading up a bit on this forum about bringing a small claim in the County Court. In addition to the lack of information about the dealer, I also notice that you haven't told us anything about the car – particularly make, model, year, mileage and the value  
    • 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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franco1977

Chances of Mortgage Approval

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I want to apply for a mortgage following a period of credit file clear up and wondered what my chances would be with the following:

 

Me:

I took some poor financial advice and decided to stop paying some unsecured debts in 2005/6,

these defaulted, went unpaid and became statute barred in July 2013

and dropped from my credit file the month after.

 

This leaves me with a 3 clean accounts and a Noddle Score of 4/5 and a Checkmyfile score of 789

- outside this I have a good job and can get together a 20-25% deposit with everything being affordable.

 

Partner:

 

Clean file, recently approved for vehicle leasing finance.

 

As I understand it my visible credit history would be fine with the defaults / debts not being visible on a credit search,

however the credit score could work against me?

 

Would I have to declare these debts on the mortgage application?

Would I be better going to a building society who manual underwrite mortgage applications?

 

Any advice would be greatly appreciated :)

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I think lenders are looking at 2-3 years good history, if your credit file has been clear for a good while. Have you any credit at the present time, where you are racking up a good credit history ?


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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.

 

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I've had a Basic Credit Building Credit Card since July 2013, which I uses for Work Expenses and have paid off in full every month and then a basic current account and Utility bills which are all up to date with payments and have 6 years worth of good management.

 

My partner has never had any credit up until a number of months ago.

 

We certainly wouldn't flag against any of the no-no on the the mortgage providers lending criteria's, just down to this "Credit Score" which I'm led to believe is hard to suss out.

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credit score matters little

 

 

if you've not defaults or 1,2,3 in any monthly summaries of any debts

 

 

the low score will prob be searches done or stuff like that.

 

 

tip:

my neighbour had numerous defaults until a couple of months back

he recently got a mortgage with a big lender with no issues

 

 

whats not on your file and in your past you don't tell them about!

 

 

dx


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I wonder if it would be possible to obtain a copy of the application form and see what information they ask for?

 

Or perhaps make a general enquiry and make it clear that is all you are doing at this time, you don't want some clown digging into your credit file if you aren't considering applying just yet ?


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

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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use a good reputable all of market broker,

 

he will know where best to place your mortgage application,

 

the less searches the better


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Citzen B - You can get both applications, lending criteria and affordability calculators for certain mortgage providers if you go in via the Introducers sections - but I am thinking of going in through a broker like John Charcol.

 

dx100uk - Defaults dropped off 19 months ago so its all positives, there's some audits and inquiries, but no actual searches since 2013.

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"but I am thinking of going in through a broker like John Charcol."

 

 

imo the right way to go


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I have a similar question although different circumstances so may be best in a separate thread?. I have a poor credit history but signifcantly reducing debt and reasonable savings. No defaults but a number of payday loans up to 2013. Was going to leave any application until 2016 to leave clear blue water. My partner has excellent credit record, substanital savings and very secure NHS employmentMy worry is that we do a joint-application that my poor history will "pollute" her excellent history (along with the other elements of embarassment with friends and family). I was thinking the best means may be for her to take out mortgage initially and then I could come on board at a stage where I am more likely to be accepted. Is this reasonable and do-able?

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I have a similar question although different circumstances so may be best in a separate thread?. I have a poor credit history but signifcantly reducing debt and reasonable savings. No defaults but a number of payday loans up to 2013. Was going to leave any application until 2016 to leave clear blue water. My partner has excellent credit record, substanital savings and very secure NHS employmentMy worry is that we do a joint-application that my poor history will "pollute" her excellent history (along with the other elements of embarassment with friends and family). I was thinking the best means may be for her to take out mortgage initially and then I could come on board at a stage where I am more likely to be accepted. Is this reasonable and do-able?

 

do-able if you are on the electoral role at seperate addresses, and their sole income meets the lenders criteria, otherwise wait


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thanks oldrouge - yes her savings, job role and ability to get additional money from family would meet lending criteriawe would be on same address in a rented flat but that would not constitute financial relationship I would assume? e.g. no shared bank account or bills etc

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fine so long as no financial connections on your credit files


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