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    • 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!   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      
    • Compared to all the ones I read, I really felt like there was less I could include in this one. Nervous that they have so much paperwork.
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1st Credit claiming - old HSBC OD

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I can only advise on this thread and what you state they have disclosed so far...as for what they do about other debts you may have with them is unknown at this stage.

 

Its your choice...as stated your at allocation stage now....they may not pay the hearing fee....they may discontinue..but given the disclosures they have already forwarded to you its looks on balance they have enough to proceed to trial.

 

Wait until you get your Notice of Allocation with Directions and we can review again...if they pay the hearing fee by date..thats a sure sign its proceeding...


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Please dont capitulate!

All you do is fund their fleecing of 10,000 just like you.

 

Going to fund it anyway should the OP lose at trial with the added bonus of a CCJ.


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Thanks Andyorch. The letter states that the FFS offer expires at 4pm on 28 June

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So you have 18 days to consider..and hopefully your Notice of Allocation will be here by then...so we review again....sit tight for now.


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Also must remind them that his address has changed so that no further post goes to his old address and he doesn't receive it in time !!

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Absolutely...dont allow any slip ups at the final hurdles.


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Have you started a thread about the credit card debt in the HSBC forum?

Each case will be defended on it's own merit, but if you can post up details you can get advice on how best to deal with it. It's easier to get a handle on things if you start before ever receiving a claim.

 

Regards the settlement offer, you could always play hardball and make a counter offer for £2k (for example) paid by installments of £xx p/m. Is there anything you feel needs to be disputed with the balance on the account?

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I have started a thread on the CC debts

 

There are some charges on the account that I will add up and see what they come to and use them as a negotiation point

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Sooooo he has received a "Notice of Proposed Allocation to the Small Claims Track" from the County Court.

 

It says

 

TAKE NOTICE THAT

 

1. This is now a defended claim.

The defendant has filed a defence, a copy of which is enclosed

 

2. It appears that this case is suitable for allocation to the small claims court

If you believe that this track is not appropriate for the claim, you must complete box C1 on the Small Claims Directions Allocation Questionnaire (Form N180) and explain why

 

3. You must by 24 September complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties

 

There was no copy of the defence enclosed with the notice!!

 

The letter was dated 6 September and received today.

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doesn't have to be a copy

you should be using your down time to read up on like threads

 

yes to mediation

1 wit you

the rest is obv

 

3 copies

1 to the court

1 to the sols minus sig/email/phone

1 for your file


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MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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