Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • I feel that people are focusing too much on the OPs property being a council house and putting responsibility on the council to resolve this.   imagine for a moment that the OPs house is privately owned, now what powers would they have to take action on the trees? Pretty much none without taking the tree owner to court right. Well as the trees are privately owned, that is the same power that the council have right now.   the information with the £375 will be inline with high hedges legislation as this will be the only power the council will have and it is common for there to be a charge for this.   this is not a social housing issue, but a neighbor dispute with a private homeowner.   i used to work as a tree officer for a local authority and from experience have seen that people’s idea of dangerous and what is actually dangerous are two different issues. A councils power to enforce tree works are also limited and will usually only be where a private tree poses a risk to the highway, not to another property as that is a civil matter (even where the council own the 2nd property).    With regards to risk to underground pipes, this is something you will be unlikely to successfully argue as various studies have found that unless a tree is planted on top of the pipe and crush it, the roots will not cause damage, but rather only enter through already damaged areas as they are opportunistic, any tree roots in drains are usually a secondary issue where a pipe had existing damage and to resolve it will require a permanent repair to the pipe to prevent recurrence.   the only options i see here are to calculate the height allowed under high hedges legislation (it varies depending on what direction the property faces , the location of hedges etc) and try to enforce that which will involve the fee. Otherwise there is little you can do as the private homeowner has a right to have trees in their garden although they may be liable if they were to cause damage to your property (such as a shed) or the councils property in the future.
    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
  • Our picks

Ironic

Second charge owner wont give permission for another charge on property - what can i do?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1545 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All,

 

 

I have a mortgage on my property, and a second charge on it. I want to put a third charge on it for a secured loan which has been agreed, and the first mortgage company have agreed to allow the new charge, however the second charge company are refusing point blank to allow any other charge against the property.

 

 

The new loan isn't large enough to give me the amount I require and to pay off the second charge, and it needs to be secured, so how can I get this new loan done - preferably quickly?

 

 

What options do I have to persuade them to allow it or to get it registered in any other way please?

 

 

Thanks for your help

Share this post


Link to post
Share on other sites

Have they said why they are refusing ?


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

Share this post


Link to post
Share on other sites

Yes because I had said that the new loan would be paid off within 12 months, they said this 'significantly weakened their position'. I pointed out they were still second charge holders but they just said what I was trying to do was wrong and they wouldn't allow it to happen! They are now refusing to discuss it 'because we have already said no' - which I don't feel is the most 'mature' stance.

I did try to talk too them about guaranteeing their loan being repaid before paying the new one - didn't want to know, so now in a situation where everything is lined up but can't do it - and cant the loan increased to a level where I could take the 2nd charge out unfortunately as would probably be the best plan.

Share this post


Link to post
Share on other sites

Not sure I know what advice can be given - if they have said no, then I am assuming the new lender wont provide the loan.

 

I will ask others on the team to see what they have to say.


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

Share this post


Link to post
Share on other sites

No that is correct - third company want security by way of a charge on the property.

 

 

Wondered if someone else had experienced this and if they had found a solution

Share this post


Link to post
Share on other sites

Hopefully someone on the site team can think of something.


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

Share this post


Link to post
Share on other sites

That would be fantastic if so, fingers crossed!!

Share this post


Link to post
Share on other sites

There is not much you can do if another lender has declined.

 

Normally this would happen of there is not enough equity to cover all three


Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Share this post


Link to post
Share on other sites

I can see why they would say no if there wasn't enough equity but in this case there is more than enough equity to cover all three, and it doesn't affect the second charge holder's position - the LTV would be 64% after third charge.

Share this post


Link to post
Share on other sites

Is the 3rd loan higher than the 2nd ?

 

I would have thought in the event of something unpleasant happening, as 2nd charge, they would still have a priority ?

 

Could it be there is some conflict between the 2nd lender and the 3rd

 

Are they all main stream lenders ?


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

Share this post


Link to post
Share on other sites

Third charge will be higher than second charge, but second charge still has priority over third as priority is in date order so their position isn't affected. All are mainstream and there isn't any conflict between 3rd and 2nd lenders.

 

 

The 2nd charge holder won't communicate and say 'if you agree to x then we will allow the charge', and without the charge being allowed on the property then the new agreed loan can't happen - and we need it to.

Share this post


Link to post
Share on other sites

Is the "X" they want you to agree to, unacceptable ?


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

Share this post


Link to post
Share on other sites

I don't know because they will not talk so do not know what x is or could be - if they did say then could probably do if reasonable

Share this post


Link to post
Share on other sites

Just a quick update on this as have established that it doesn't matter how much 2nd charge is, they can refuse to allow another charge even if 1st charge holder has consented to '3rd charge'. Solution is to try and get 3rd charge holder to up the amount so that can repay 2nd charge holder and remove them from security which enables would be 3rd charge holder to become 2nd charge holder and thus have the security - albeit still behind 1st charge holder.

 

 

That's easier said than written - or done at the moment!

Share this post


Link to post
Share on other sites

I may me stating somehting you have already considered but how about going back to mortgage co who hold 1st charge? Borrow enough to pay off second charge holder and the balance can be used for the purpose you want the money for. If you pass the afforbibilty test then this will be the cheapest way of borrowing anyway.

Share this post


Link to post
Share on other sites

Thank you and it is something I am discussing at moment, but also looking at options

Share this post


Link to post
Share on other sites
Hi All,

 

 

I have a mortgage on my property, and a second charge on it. I want to put a third charge on it for a secured loan which has been agreed, and the first mortgage company have agreed to allow the new charge, however the second charge company are refusing point blank to allow any other charge against the property.

 

 

The new loan isn't large enough to give me the amount I require and to pay off the second charge, and it needs to be secured, so how can I get this new loan done - preferably quickly?

 

 

What options do I have to persuade them to allow it or to get it registered in any other way please?

 

 

Thanks for your help

 

Hi Ironic,

 

Just a quick question if you don't mind me asking, did you have to notify the original mortgage lender and second charge company about the third charge or did they contact them direct ?

 

In my circumstance the third charge advised that they did not have to notify anyone as that was the advantage of their loans.

 

Or can anyone else kindly advise if this is the case.

 

Thank-you

Share this post


Link to post
Share on other sites

Hi Baz, the third charge company said they would notify the other two but would do it in their own time, and the other two would respond in their own time, so probably minimum of a month if they were going to do it.

If your third charge company don't notify them and they find out you could end up in trouble if under your contract with 1st or 2nd companies you have to get their permission for additional charges to be added and don't do that.

Share this post


Link to post
Share on other sites
Hi Baz, the third charge company said they would notify the other two but would do it in their own time, and the other two would respond in their own time, so probably minimum of a month if they were going to do it.

If your third charge company don't notify them and they find out you could end up in trouble if under your contract with 1st or 2nd companies you have to get their permission for additional charges to be added and don't do that.

 

Thanks for your reply Ironic.

 

Well that's interesting to know as my third charge company said the opposite :shock:

 

Said their loans were different (they certainly were) and they would not have to notify anyone else. Have it in writing.

 

I have an ongoing complaint with them and should I add this to it. Should I ask my original lender / first charge what their stance is on further charges ?

Share this post


Link to post
Share on other sites

Look at the paperwork for your 1st and 2nd ones and the Ts & Cs will tell you if you should have told them. If not you don't have a problem but if so, depending on the issues with your 3rd then make a call as to whether to or not, because if you should have informed them, (and I had to get their written permission first for other charges) and didn't then you are in breach of the contract

Share this post


Link to post
Share on other sites
Look at the paperwork for your 1st and 2nd ones and the Ts & Cs will tell you if you should have told them. If not you don't have a problem but if so, depending on the issues with your 3rd then make a call as to whether to or not, because if you should have informed them, (and I had to get their written permission first for other charges) and didn't then you are in breach of the contract

 

OK thanks Ironic and will try and locate relevant T & C's.

 

It just worries me that third charge company have lied to us and in which I have written and recorded evidence. So therefore how can we be in breach of contract due to our nievity ?

Share this post


Link to post
Share on other sites

To be fair some companies don't restrict you from seeking second charge and will either grant consent or not. Quickest way to find out what your companies do is Ts & Cs or alternatively ring them and ask what procedure is. The contract is between you and them so potentially you could have gone against it by not telling/asking them. if 3rd charge company have lied to you then you will have the proof of that.

Share this post


Link to post
Share on other sites
To be fair some companies don't restrict you from seeking second charge and will either grant consent or not. Quickest way to find out what your companies do is Ts & Cs or alternatively ring them and ask what procedure is. The contract is between you and them so potentially you could have gone against it by not telling/asking them. if 3rd charge company have lied to you then you will have the proof of that.

 

Thanks again Ironic and I will just make a few calls either tomorrow or Monday to find out.

 

Will keep forum posted of any developments.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...