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    • urm.. that's a telecom defence??    
    • Thank you all again.   I think the word story is quite apt as it is clear from the 29 points over 6 pages that my parents have insisted lots of frankly irrelevant and often untrue things have been included in the solicitors letter.   Here is me filling in the gaps!   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.   Not abandoned, it went to court and the court decided it should be sold and the £ divided between my Mother and my Uncle who were the only two children. So maybe they did own it whilst on the market? You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house.   Correct, it went on the market, a few people viewed it, my parents were awkward towards these potential buyers and then I made the offer to the estate agent and purchased it. This was in 1999. We talking about 20 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.   Exactly, 20 years is ridiculous, and during that time my Father could have purchased it from me, instead of purchasing their own council house, if they really wanted to it 'back' as they keep saying. Yes market value in need of work and all above board. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. My Uncle has also sadly passed away.   I obtained additional borrowing to fund the work needed in 2008 (not mentioned in letter obviously) and have found some receipts, emails and mortgage letter to back this up, but in the letter my parents claim they paid for all this and carried out the work as I ‘had little interest in the property’ also all correspondence from letting agent is to me, but in letter claims by Father did all these and ‘I merely singed the tenancy’ which is rubbish.   One weird thing, the garden shed is still full of my Grandad's tools and my parents have the only key to this, have visited it randomly and instructed a builder person we both know over the years to trim the hedges. This was always been behind my back and have asked them to let me know or I can do it. I spoke to him yesterday and they have always paid him cash, so no paper trail.   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?   Yes, although the ‘trust’ that is mentioned is literally something they have made up, assumed or otherwise. There is absolutely nothing to my knowledge of this kind in place.   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 20 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.   Reason being it is referred to in the letter and quite representative of the whole letter, rambling. My point was it is not true and I am the one who has paid for these. It’s almost like they are trying to paint me as someone collecting the rent money whilst the did all the hard work and paid for things. 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.   Agreed 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.   Lets hope so 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.   Good point about me being a trustee, if, such a thing were in place. I had a google of the meaning and I honestly don’t feel it meets any of the criteria. 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 wouldn't supply this to their solicitor but 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 but 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     I do really appreciate your time and effort on this. Yes, when I read it all again, rubbish does spring to mind.   My parents have been very challenging to say the least and have no idea of the consequence of their actions. To be honest, they have almost shot themselves in the foot as there is so much detail in the letter, lots of which is untrue and I can prove this. If it ever got to court and I really hope it doesn’t, I can only think this would go against them.   I really do think the solicitor (who is the same one that rinsed them ££££ over the will) is just charging them for this letter, which may have been a good few hours with the unneeded detail, knowing fully well this wont go anywhere!   Another thing the letter requests that I confirm I wont sell, rent out or re-mortgage the property!!! I have literally just started a new mortgage and need tenants to pay the rent, I don't think this request hold any water at all?   I hope this does come to nothing and hopefully helps others along the way!
    • god no never invite pointless letter tennis   dx  
    • Hello and welcome to CAG.   I expect people will be along to advise over the course of the day but in the meantime have a read of other fake Oyster card threads here,  we have a few.    HB      
    • ive inserted their poc you need to align para numbers to that please      
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Myfamily

Santander Mortgage SPO - they want to evict now

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mmm, he's not very happy that I've even told the mortgage company about his depression, so I think it's going to be hard to get a letter, I can give them a copy of his next prescription but sdo they really need this?

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No they don't. The main thing is you sort the payments so just do the budget sheet and send it off. Just say that your husband is not prepared to share private medical information if they press the matter.


 

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Hello, well again I'm in trouble.

 

Long story - short.

 

Missed December payment due to my father in law passing away in august and the costs that went with that plus in Oct our car suffered a destroyed engine because the timing belt snapped. Was worth nothing as a non runner and we can't get a new car or finance for a car so we had to repair it, this cost over 2,000.

 

Have now received that same letter as before demanding payment within 7 days or they will apply to evict.

 

Help!

 

This is a fixed rate deal which runs out in 2018 we played to remortgage and clear this and our other large secured loan which will greatly reduce our outgoings.

 

Should I tell them this?

Just when I think we're getting back on our feet we get another blow and then another and another! So tired :-(

 

Please help.

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Any thoughts, I'm panicking a bit, just don't know what to do!

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Hi, do you have a receipt for the car repair bill?


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What do you think Ell-enn?

 

Hubby was and still is devastated at his dad's sudden death, nearly pushed him over the edge! And a £2,000 repair bill has not helped, I really don't want to go through all this again with these people they're a nasty bunch. :-(

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Myfamily, I made some suggestions to you in October 2015 in post 48 above....did you do any of the things suggested and if so, what was derived from them? If you didn't, take a read again and think about doing them and let us know what you do and what the results are.

 

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Hi, I assume you managed to get an arrangement in place after you posted in March ? and that you made consistent payments up until you missed the December one ?

 

 

I think you should write to them asap explaining the circumstances that led to you not making payment and enclosing a photocopy of the car repair bill and send it by special delivery so they have to sign for it (it will be Monday before they get it if you send it today/tomorrow morning).

 

 

If you need help with the letter let me know.

 

 

Do you still have the budget sheet you sent them last time? has anything changed on it ?

How much were the arrears when you had problems in March and how much are they now?

Are you able to continue with the current payment arrangement from this month?


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Hi Ell-enn

 

Yes I did manage to get an arrangement in place after I posted in March.

 

I have been maintaining it since then up till missing the December payment.

 

I do still have the budget sheet from last time and nothing has changed, I can't remember how much the arrears were last time but now they are £7940.

I am able to continue with the current arrangement from January onwards.

 

If you have any time to help with a letter I would really appreciate it!

 

Thanks

 

Myfamily

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Ok I will try and draft something later as I am quite busy at work at the moment.


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Of course, I understand, thank you.

 

Really appreciate your help, do you think it'll be ok?

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You can never be sure how they will react to your letter, ideally it would have been better if you had informed them you would be missing the December payment before it happened (or as soon as possible after), and the reason - they may have set up a new arrangement at the time, but what is done is done. What really gets lender's backs up is just seeing payments missed with no explanation.

 

 

If they don't play ball then I'm afraid you will have to go to court to defend an eviction warrant :(


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Hi, is the mortgage in joint names ?


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OK, I have affixed a draft letter for you - please read through it and put in the details where there are XXX's (obviously remove the xxx's). You need to affix a copy of the repair bill and also your budget sheet.

 

 

If you have received a letter from Eversheds then you need to send them a copy of the letter (and attachments) with a covering note as follows:

 

 

Re: Mortgage account no -XXXXXXX - Name of lender

Your ref: (there should be a reference on their letter)

 

Please see affixed letter sent to (lender's name) regarding our account.

 

Yours faithfully,

 

 

XXX & XXX

 

Encs.

Myfamily letter 6th Jan 17.doc


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Thank Ell-enn, really appreciate this, I also have the death certificate, do you think I should attach that too?

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I wouldn't send it - it's none of their business. If you have to go t court you could take it then to show the judge.


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Hi, Hoping Ell-enn might be around, need help again! :-(

 

Missed this months payment, need to tell them why, but worried.!

 

Basically, after the death of my father in law an the car repair, I didn't quite have enough money to cover it all and I (stupidly!!) took out a pay day loan :-(

it was only for a small amount(£400), and was paid back the following month but as happens with these things, I could not afford a large amount like that, so I took out another, obviously higher to cover the original amount and interest, and again the same thing the following month, until this month when they took out £912!

 

I know this was stupid but then to top it off, the car had to get new brake pads and discs!

 

Now I just want to leave the payday loan as paid but it mean that I don't have the money there to pay my mortgage! I could take it out again but I will get the same problem next month. all my other bills have gone too so I have no money at all to pay anything towards it.

 

don't know how to tell them this.

 

Can you help??

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What date is the payday loan due to come out?


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What date is the payday loan due to come out?

 

Hi Ell-enn it has already gone out of my account, it went on 13th and the mortgage was due on 18th soon already late! We trying to figure out what to do :-(

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Oh dear, I'm not sure how many more chances your lender will give you :( I'm sure you've now found out that payday loans are the pits and only get you into more trouble.

 

 

You say the mortgage is due on the 18th of the month - what date do you get paid each month ?


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was your credit file trashed already before these pdl companies gave you the money?


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Aside of that Priority Debts, make sure your Mortgage gets paid and the PDL firm can go to hell. Not saying avoid them, but there is a better way to do this.

Who is the PDL? How much for and is this the only one you have had?

 

If the PDL is being taken via Card payment, consider getting a new one from your current provider (Damaged etc) and make sure the old one gets cancelled and CPA is removed.

Mortgage i'm guessing is via DD?

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reverse the CPA to pay the mortgage?


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