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    • Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document. 4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either. 5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided. 6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
    • Hi WoodDD.. Neither Case was cited in the VSC WS... however, MR D form VCS threw in VCS v Ward & Idle for the Judge to consider during the hearing. The Judge did not have time to review this. I believe he may have had a quick scan but decided it wasn't relevant at the time.. By not relevant, he didn't elaborate if it was not admissible or anything else..   Hope this helps..   Regards Tom     
    • Can I  ask what you mean by "... they recommended a firm... "?   I ask because I'm a bit surprised that Social Services are even allowed to do that.  (I may be mistaken and that this is common practice, but it seems a bit odd to me).   If they did do so and the work has turned out to be sub-standard and unsatisfactory, I would have no hesitation in making a formal complaint to the council and also to my (or your friend's) local councillor(s).  You acted on the council's recommendation and you should have a reasonable expectation that the firm recommended should be reliable and professional.  I would also insist that trading standards be asked to investigate this firm.  (Where I live our local county council trading standards department runs an approved trader database).   A complaint to the council might not directly assist you but it might help to prevent others being taken in by this firm.
    • Hello Susan, welcome to CAG.   Hopefully Paul Walton will see this message and reply to you, but it would also be a good idea to start a new thread of your own so we can advise on anything else connected with your refund.   Best, HB
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hi All,

 

Please bear with me. I was made redundant over a year ago, and as a single Mum, I've just started my own business, but am still relying heavily on benefits while I find my feet - financially.

 

Our landlady's told us she's selling the house in June and as we've been here for 5 years and are so happy and settled, I'd love to somehow be able to buy it.

The house is expected to go on the market for 220K.

 

My mum recently sold her house and has a 30K deposit she can give us and I'm now considering the following options:

 

1. My ex, who earns a good wage (100K) can 'Buy to let' for us? This sounds too good to be true - what are the issues surrounding this?

2. Would my 71 year old Mum be able to re-mortgage her house that she owns outright? It's value is 200K. Is she able to do this at her age - how much could she raise - again - what are the issues surrounding this?

 

I'm pretty convinced that our dream's not achievable, but I thought I'd ask here first - I've heard great things about this forum.

 

Here's hoping,

Many thanks in advance.

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Hello and Welcome vegetablelasagne,

 

Sorry I can't give you any advice but hopefully people more knowledgeable in this area will be along shortly to give you some help.

 

Good luck with what your trying to achieve.

 

Regards,

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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1. My ex, who earns a good wage (100K) can 'Buy to let' for us? This sounds too good to be true - what are the issues surrounding this?

2. Would my 71 year old Mum be able to re-mortgage her house that she owns outright? It's value is 200K. Is she able to do this at her age - how much could she raise - again - what are the issues surrounding this?

 

I'm pretty convinced that our dream's not achievable

 

Option 1. Should you need to claim Housing Benefit either now, or in the future, the rental arrangement with your ex could be seen as "contrived". It is unlikely that HB would be paid should the Local Authority come to this conclusion (and it is quite likely they would).

 

Option 2. To be honest, I don't see any mortgage provider would be willing to lend to a pensioner unless she has a substantial pension income. Equity release may be possible, but this is rarely a good idea and should never be considered without some proper legal advice (and certainly not off the internet).

 

To be brutally honest, in your current situation, I don't think home ownership is a realistic goal, but I suspect you have already reached that conclusion.

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No... you can't eat my brain just yet. I need it a little while longer.
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option 2 will also look like deliberate loss of assets unless she can show large income and that will cause you both untold problems should she ever need means tested care.

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Ex would need to own his own house (mortgaged)

 

He would need a deposit of around 55,000

 

Rental would need to be in excess of 851 per month

 

which you would need to pay ( no hb)

 

Mother would only raise around £70,000 on equity release

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Hi theoldrouge!

 

I just wanted to clarify on a few points you made if that's OK? - please excuse my ignorance.

 

1. Why does my ex already need to own a property? Is that one of the criteria for buying to let - can you not buy your first property as a Buy to Let?

2. If I found work (within the next 3 months) - I would be able to pay the rent you quoted.

 

I'm thinking that with my Mother's possible equity (to be seriously considered first) of 70K, plus her deposit of 30K, my ex would only need to raise a mortgage for 120K as a Buy to Let....is this feasible?

 

Thanks again in advance.

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I'm thinking that with my Mother's possible equity (to be seriously considered first) of 70K, plus her deposit of 30K

 

How is she raising 70k equity without:

a) selling up and then moving in with you?, or

b) selling up (again) and downsizing / moving to a cheaper area?, or

c) getting a new mortgage (unlikely to be approved), or

d) using equity release, and all the downsides that come with that that have been pointed out......

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Thank you BazzaS - somebody mentioned that she would be able to raise 70K equity.

This thread was intended as a brainstorm really for what appears to be a lost cause.

I've never owned a property - I have absolutely no idea how any of this works - hence me being here seeking advice.

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Thank you BazzaS - somebody mentioned that she would be able to raise 70K equity.

This thread was intended as a brainstorm really for what appears to be a lost cause.

I've never owned a property - I have absolutely no idea how any of this works - hence me being here seeking advice.

 

And I don't want to "just rain on your parade", but you need to have realistic advice, as getting your hopes up unfairly isn't right, either.

 

It seems to me there are 3 main issues:

A) the deposit, which you have covered.

B) being able to cover the payments of a mortgage ; which your ex MIGHT help with in the short term? but then you are reliant on another, with your new home at risk if their situation changes or you fall out, and

C) Obtaining the mortgage, which may be difficult if on benefits......

 

If your underlying concern is "I don't want to move if my LL sells", then buying the property is one solution but not the only potential one.

What tenancy do you have / does it give you any security of tenure?.

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Hi theoldrouge!

 

I just wanted to clarify on a few points you made if that's OK? - please excuse my ignorance.

 

1. Why does my ex already need to own a property? Is that one of the criteria for buying to let - can you not buy your first property as a Buy to Let?

2. If I found work (within the next 3 months) - I would be able to pay the rent you quoted.

 

I'm thinking that with my Mother's possible equity (to be seriously considered first) of 70K, plus her deposit of 30K, my ex would only need to raise a mortgage for 120K as a Buy to Let....is this feasible?

 

Thanks again in advance.

 

There are a couple of Building Societies that lend on family buy to lets

 

Max loan to value 60% ie deposit £88000 on 220000

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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No disrespect to a lot of what has been posted, but some of it is wrong.

 

1) Your ex can buy the property whether or not he owns another property, if income allows it. However if it is a second or subsequent property the stamp duty is an extra 3% on all bands. Also he will have to fund the deposit himself (unless of course you still have the same name then maybe you could get away with it as a gift from your mother but then in all probability the mortgage would need to be in joint names. Unless its a BTL you will unlikely get interest only.

2) He can get a BTL without owning another property but there is a very limited choice of lenders. They would also ask a lot more questions. He could not get a BTL and let family live in it unless it was done on full affordability (not rental income based). The minimum deposit for a BTL is 25% (20% in a very few cases) but to get a BTL mortgage the rent would need to be in excess of £1050pm. Unless you are the South East this is probably unlikely.

3) Your mum could get a lifetime mortgage but as already pointed out it would be limited to around £70,000. The implications regarding this and any possible future care costs can be an issue but would really depend on the local authority at the time and how long in the future it would be.

4) The best bit of advice would be find somewhere else and carry on renting.

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Hi the gov recently changed the buy to let rules in Jan to make it more difficult to do so - they don't like buy to lets.

 

So its complicated the the way they work it out has to be a certain percent between average monthly payment (in the area) and what the house is worth. I would advise a good mortgage advisor who deals with buy to lets a lot - as its recently all changed. I know somebody if you PM me. I know only one company will do BTL without a wage now.

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The interest rates of all BTL are much higher and you have to pay stamp duty of 3% to £125k and £5 % above that - so it's a lot more expensive! as no stamp duty below £125 for conventional mortgage

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Also I know that the valuations are a lot more picky, and the house has to be in a lettable condition when you buy it - no buying a doer-upper as for some reason they don't allow for this. The cheaper houses usually need work

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Hi the gov recently changed the buy to let rules in Jan to make it more difficult to do so - they don't like buy to lets.

 

So its complicated the the way they work it out has to be a certain percent between average monthly payment (in the area) and what the house is worth. I would advise a good mortgage advisor who deals with buy to lets a lot - as its recently all changed. I know somebody if you PM me. I know only one company will do BTL without a wage now.

 

Lilipad1, we don't encourage advice by PM. Please keep everything on the open forum. We also don't recommend particular advisers, I'm afraid.

 

HB

Illegitimi non carborundum

 

 

 

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Some of the info supplied re BTL's is basically correct but needs clarifying;

 

1) There are not any lenders that will do a BTL with no income. There are, however, several that do not have a minimum income and they all look at things differently.

2) There is no extra stamp duty on BTL's per se. The extra stamp duty is on any second or subsequent property. As was pointed out it is an extra 3% on every band. Therefore if the BTL is a first property normal SDLT rates apply.

3) The rental calculation that lenders use to dictate amount of borrowing is generally - amount of loan x 5.5% x 140%.

4) There are also changes happening with regard how landlords are taxed re the rental income. Anyone that pays more than basic rate tax will be worst off.

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Hello,

 

I'm not sure if this is the right forum?

 

I'm about to move as the Landlady is selling the house we rent.

 

She's selling the house because of its ongoing issues with damp.

However, she has often blamed me for not ventilating the property adequately and we have fallen out over this on many occasions as I have been and remain a good tenant - there's only so much you can do in a Victorian house on the edge of a hill.

 

I've *never* missed a payment, and as far as I'm concerned have lived here with the due respect that I've always shown in other properties that I've lived in.

 

I'm extremely worried that she will give me a bad reference for our next Landlords/agent.

 

What I'd like to know - is:

Am I legally entitled to 'view' the reference that she'll send the agent?

Am I legally entitled to be copied in?

Even better:

Am I legally allowed to demand that she sends her reference to me to then forward the the relevant agents?

 

Many thanks in advance for your time.

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