Jump to content


  • Tweets

  • Posts

    • @BearLake1   I have a similar PCN from the same place. I've just received 'Letter Before Claim' today. I wonder if you are able to share your reply to CVS? Did you send your reply by email or mail?   Thanks!
    • Will this work?   I disupte this debt because, Firstly i only ever used my phone via wifi, there was never a notification regarding usage and data. The rules regarding roaming usage has changed,  the default was illegal and was disputed. This matter is between O2 and myself.   The debt purchaser has yet to provide any or all of the required documentation.
    • Hi all   Wow, do I have a situation to contend with now! I shall include as many important facts as needed.   I have received a solicitors letter today, by instruction of MY PARENTS claiming they are beneficially entitled to a property I purchased in 1999.   This property belonged to my Grandad who sadly passed away in 1993. He had hand written a will, not witnessed by anyone, leaving the property to my Mother and not his Son. Of course my Mothers Brother wasn’t happy with this and contested it which ended up in court. This dragged on for a long time, it could have been years? Until it was decided the house be sold and money divided equally. From memory I think the legal feels were around £30k ish.   At this time my parents didn’t have jobs and I was able to obtain a mortgage in 1999 and after going on the market purchased the house for £50k as it needed a lot of work. At the time I was very close to my parents and it felt a good thing to keep the house in the family circle as such (like cars sometimes) but was obviously in my name as the owner. I paid the mortgage and utilities on it and it sat empty for ten years whilst deciding what to do, more my Mother not wanting anyone to touch it and change memories.   The council kept writing to me until eventually said it would be a forced sale if nothing done with it. I then obtained additional borrowing to fund the complete renovation and then rented it out with the idea if it reducing the mortgage. Around the same time and during the crash I manged to buy another house needing work, by using equity on first as a deposit and a mortgage on the new house.   My parents would always refer to the 1999 as my house although this felt awkward. A few years along the way (2010/1/2) my Dad purchased their council house at a reduced rate.   I moved out of my parents home in 2014 and into the second house once it was all modernised, which since the relationship with parents has just deteriorated a lot. Arguing about lots and them saying I need to ‘sign the house back over to them’ on more than one occasion.   To fast forward, the tenants moved out of the property recently and my parents found because as creepy as it sounds, I think they used to drive by or watch them. The signing back over has been demanded recently to which I said was ridiculous etc…   Today I get this letter with 29 paragraphs and crux of which being to transfer to property, with vacant possession and mortgage free, to them and in addition any surplus rent from the previous ten years!   The letter is full of lies my parents have told the solicitor such as:   I lived with them rent free in lieu of paying the mortgage They paid all the utility bills and council tax They paid for and carried out most of the work back on the house in between purchase and 2008 when renovated My Father dealt with the letting agents recently and I ‘merely’ signed the tenancy agreement   There was a time, as my parents have always been high maintenance, I had written something for my Mum to say although I own the house, morally it belongs to her as probably thought it would help the relationship. A copy of this has been included, although I think looks slightly different to what I had printed and also says…about asking their permission to sell it and they could move in if they ever wanted, I really do not recall saying that! This piece of paper I refer to has no date or signature.   My goodness, this has completely knocked me for six. Its like history repeating itself!   I have checked with Eon, Council tax etc… so far and all have been in my name and paid for by me.   The letter also says ‘the facts of this case are familiar to you and you ought not to require any further enquiry’ which almost is like the solicitor knows this is all hearsay/BS and no proof? Also that I should respond to the claim within 28 days. The letter was also not recorded in case it makes a difference.   Another paragraph says advises my parents 'have a strong claim that I am holding the property on trust for them absolutely by way of constrictive trust and/or proprietary estoppel' I have no idea what this means!   One thing I should point out, I used to be very much in my parents bubble, asking them for advice, wanting their approval, very much lacking confidence in awareness of my own abilities. It is since I have started thinking for myself they don't have the hold on me their behavior  have become worse.   What are your thoughts please? I really have no idea what to think!   Many thanks in advance as always   E!
    • So I got a phone call on Saturday on my private mobile phone. This call was from Moriarty law ...I had sent my PAP docs back with no e mail address or phone number ...they said they had used a tracing company to find my details ....I have since called them and put in a complaint that they have breached GDPR regs ..they have now suspended any action pending a full investigation. The agent who called me was not very bright to say the least ..he wanted me to make an offer of payment even though as I told him it was only an allegation that I owed the money as ADCB had not sent the original paperwork back..... he then told me that they could take me to court even if I had not got a copy of my signed credit agreement ....I basically told him to jog on ...I'll let you all know the outcome of Moriartys GDPR breach investigation .
    • or should I sent a copy of Ericsbrother's template  ?    Please help!     Unfortunately for you, I was not born yesterday so I will not be paying the demand as there is no liability in this matter because the signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160.00 is nonsense. As VCS (Vehicle Control Services Ltd) has been spanked at court on this very same thing several times before I suggest that you discontinue this foolishness. Should VCS decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and then seek damages for the breach of the DPA/ GDPR as per VCS V Philip, Liverpool CC Dec 2016. Even Will and John, the parking world’s worst solicitors seem to have got fed up with Simple Simon’s stupidity and greed and presumably that it why you are wasting your ink on his behalf.
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 843 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 guys

 

Hoping this is in the correct place and someone can point me in the right direction.

 

Some months ago my mum filed for bankruptcy and my dad received a letter saying that they're going to repossess the house as it is a joint mortgage. He has until 3rd August to reply.

 

My dad is disabled, we've had the house adapted for him, rails, a lift installed from the living room to his bedroom, and him leaving the house is going to destroy him.

 

If I had the money I would buy her out. But I haven't. Is there anything we can do? Any suggestions on who to talk to?

Share this post


Link to post
Share on other sites

why does she think bk is necessary please?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Sounds like a decision your mother took without research or seeking advice.

Do you mean bankruptcy or IVA application?

Why wait until 3 days before deadline to post?

Can no one obtain a loan/mortgage to pay current current mortgage?

Share this post


Link to post
Share on other sites

Some background information would help.

 

Are they still living together ? Or are they separated or divorced ?

 

What debts did she have that caused need for bankruptcy ?

 

Do they have any other joint debts or is it just a joint mortgage ?

 

Who is paying the mortgage ?

 

Has the bankruptcy already gone through and the person appointed on behalf of creditors is now looking to sell her assets such as the house ?

 

Your Dad is not going to receive much helpful advice, unless he shares more information with someone who deals with such legal issues.

 

Suggest that urgent action is taken to get hold of all information about the current situation.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Sorry for the lack of information.

 

Mother and father have been separated for 5 years, the bankruptcy was agreed 3 years ago.

 

 

There was a letter sent in December 2016 that my father didn't respond to or tell us about, fundamentally because he wasn't well.

 

My father is paying the mortgage and has been for 3 years.

Share this post


Link to post
Share on other sites

What court applications are currently going through in regard to the trustee in Bankruptcy forcing the sale of the house ?

 

What was the date of bankruptcy ?

 

Your father really needs to see a Solicitors.

 

 

If he has any legal cover such as on Home Insurance he should check whether it can offer any help in regard to costs.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

It say she possession order on the letter?

 

10/10/14 was the date of the bankruptcy.

 

I know he does, as we saw the letter yesterday I thought I'd come on here to query.

 

I'll review his home insurance and see if he has any legal cover.

 

 

Thank you

Share this post


Link to post
Share on other sites

Who was the letter from ?

 

The date of 3rd August for response, is that related to a court application already made or they intend to apply to the court for a possession order ?

 

In regard to your Fathers disability is this just physical or are there issues such as mental health or other conditions that make him vulnerable i.e he can't make decisions, might not understand.

 

What is the position in regard to the mortage ? Presumably still in joint names, no arrears and your Father took over sole responsibility for paying 3 years ago, when your Mother could not pay.

 

Has there been any legal attempt to divorce or come to a financial settlement between your Mother and Father ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

No legal attempt no. Mum said she was going bankrupt and was told nothing would happen with the house, but nothing in writing.

 

Still in joint names but no arrears, dad's been paying it.

 

Dad is physically disabled by the fact he cannot function physically on his own, struggles to walk, cannot walk long distances etc.

 

Mental capacity would need to be addressed but without care from family he would not be able to function.

Share this post


Link to post
Share on other sites

Appears you are in possession of little information.

 

Given the urgency, i think your Father needs local legal help.

 

A local Solicitor should be able to assist and given consequences, i don't think he has much choice.

 

The house might well be taken possession over before October 2017,

because i believe the trustee acting for creditors has 3 years from the bankruptcy date to get their hands on any assets.

 

I don't think it matters much that your Father is a joint owner.

 

Creditors will want 50% of the equity owned by your Mother.

 

Your Father would then be paid any equity due to him after the sale of the house.

 

This is my understanding from reading about this previously, but i am no expert.

 

Qualified legal advice essential.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Hi Tiny1983

 

You say the Bankruptcy date was 10/10/2014

 

1. Was the Mortgage Company listed as a Creditor in the Bankruptcy?

 

2. Are they Discharged from Bankruptcy and if so when? (if unsure they need to ask the trustee dealing with there Bankruptcy).

 

3. Who exactly is going for repossession? (trustee in bankruptcy, mortgage company)

 

4. Exactly what was the letter in December 2016 about and who was it from? (trustee in bankruptcy, mortgage provider etc)


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

You cant list a secured mortgage in Bankruptcy.

 

How do I pay my mortgage if I am Bankrupt?

Because your mortgage is a secured debt it is not included in Bankruptcy. This means that you will have to keep paying your mortgage payments each month. If you do not then your house will be at risk of being repossessed.

 

They way you keep up your mortgage payments is that they are included in your list of allowed living expenses. You will always be able to use your income to make these payments before you have to pay anything towards your debts.

 

In this sense this solution will actually make it easier for you to pay your mortgage as you no longer have to feel under any pressure to use your mortgage money to pay your other unsecured debts.

 

Will my house be at risk after I go Bankrupt?

 

One of the main concerns about Bankruptcy is that it could result in you having to sell your property. The fact is however that this will not automatically be the case. The question of what happens to your house very much depends on the amount of equity if any that there is in it.

 

If you know that there is little or no equity or negative equity then it is very unlikely that you will have to sell and you will be able to keep your home. However you must make sure that you keep paying your mortgage. This will be your responsibility out of your allowable living expenses budget.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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...