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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. 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. 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. 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. 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. 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?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 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. 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. 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. 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. 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    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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This goes way over my head,

I have had a long painful complaint with Lloyds and do not want to bore you to death so will bullet point the occurences:

 

Mortgage taken out as first time buyers 1996

 

conveyancing solicitor did not perform completion and contracts signed over a receptionist desk no solicitor present.

 

transpires we purchased a property that did not reflect what was explained on the estate agents property description.

 

Lloyds wrote to me in 2003 and advised that the property was not registered with the Land Registry, they advised they would sort out and appointed a solicitor.

 

2012 I lost my job and later on that year my wife passed away.

I was sold a policy that covered "every eventuality" told the advisor I did not want it but he advised "it comes with the mortgage" (subtle)

 

contacted Lloyds 10/2012 to make a claim on the policy.

was told they could not locate account and I would have to write to the Cheltenham & Gloucester to recover account

 

they ignored my first letter,

sent a second letter this time recorded and copied in the first No response

sent a third letter recorded copied all in again still no response.

 

Six months had gone by

I stopped my mortgage payment and behold they contacted me,

the telephone number was the original office who could not locate my account

was advised that the account was there and there was protection on it.

 

I asked to make a claim

they intimated I might not be covered but said they would send a booklet out on how to may a claim.

No booklet was ever received,

Wrote and complained again and transpires I was not covered for these eventualities!

 

Complained about being miss-sold protection,

was advised after investigation they sold it fairly.

 

I kept on at them and they then said ok we miss-sold it.

they offered full refund of 16 years worth of instalment + 8% interest.

told them I wanted what I was told was covered for ("every eventuality")

and they should write off the mortgage.

They said no.

 

I kept on at them but was getting no where.

they failed to respond to a 21 point complaint letter only explaining themselves on 4 of the points and told me to take it to the FOS.

 

In sept 2015 although I kept on at them it was clear they were not interested in responding to the complaint

I wrote a letter of an offer to reinstate mortgage payment, they ignored it.

The legal letters started coming as I had not made any payment since april 2013.

( why did they not get a possession order)

 

I kept on writing asking why they were ignoring my offer, for months.

In the end I called the collections office and said I would not lose the property

asked them to give me a monthly figure to pay.

 

This was twice the original mortgage payment

I decided on selling the property as I felt their next move may well be possession order and a fire sale.

 

I received an offer on the property,

a third below the asking price but accepted it as I felt I would make more than a fire sale would give back.

 

After months of solicitors work

the buyer pulled out as there was no tittle on the gardens.

 

My solicitor suggested getting a possessory tittle on the gardens as it appeared the deeds were lost by the solicitors.

 

I have written to Lloyds and again complained as they had instructed a solicitor to carry out the registration who clearly failed and I was left with a solicitors invoice and no sale.

 

They have come back to me and offered to register the gardens and to offer a £500 compensation for this error.

I asked what tittle would be achieved the person was not sure as diff. dept.

 

I explained possessory/absolute, as possessory would still take value off the property.

She said they had the deeds so there should not be an issue.

 

This was annoying as my solicitor wrote to them October last year and asked if they had the deeds, they never responded.

 

my question is

 

what was holding them back from a possession order and any advice on how to respond to this offer they have made,

as I requested the mortgage be made void due to years of issues.

 

you would not believe the amount of failings I have left out but its already a small book. sorry for that

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Have you sent them an SAR?

why don't you get everything they hold first

then make a decision


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you asked...what was holding them back from a possession order


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

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I've looked through the Sar and cannot find any indication of why action was not taken it was with there collections and legal team for a couple of years at least!

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unenforceable agreement.......????

 

they cant find it

or

this mis-sold protection invalidates it under CCA?

 

I believe in 1996 most mortgages were covered by the consumer credit act....??


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 

 

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have they send a copy in the sar?


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 

 

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FfHey dx,

there is no copy of the mortgage contract and the covering letter with the Sar says:

 

"the majority of contracts we hold between the Bank and our customers are not held in relevant filing systems and are therefore not subject to the right of subject access under the Data Protection Act.

 

However where a copy of a contract is held in a relevant filing system or is held digitally in an automated system it will be found by our searches and will, of course be provided."

 

but there are sheets headed MTG02 MORTGAGE ACCOUNT DETAILS which has a section showing CCA Regulated Subs N and MTG03 SUB ACCOUNT LOAN DETAILS with section CCA Regulated Loan N.

 

Which suggests not CCA regulated.

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unenforceable agreement.......????

 

they cant find it

or

this mis-sold protection invalidates it under CCA?

 

I believe in 1996 most mortgages were covered by the consumer credit act....??

 

No....... they were regulated by the FSA...Under the CCA 1974, s16 defined the exempt agreements, including mortgages. However CCA 2006 introduced an amendments lifting the threshold of 25K

 

Andy


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Just looking through my file letters from Lloyds

they were threatening legal action since November 2013,

 

I started payments approx. Sept 2017.

there must be a reason unless they just have too much on their plate which I would not believe the way banks act now.

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