double glazing claiming damages

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You need to complete a Land Registry CT1 in which you or your solicitor make a simple declaration as to the reason for your interest. This together with clearly defined Ordinance Survey property borders/location is submitted to the LR (with fee) & your caution is registered. After that they cannot sell/transfer or use the property as security for a loan without your agreement. You don't even have to tell them you have regsitered a caution

 

Sounds good but mygod how can it be legal:eek: but it must be.

So some I can log a caution on his home and when he wants to sell it He has to consult me?

What do they say when he wants to sell, surely they would say with out a court saying what hes done to my property is wrong then i have no claim and they will brush aside my caution?

Also doe's the caution have to be financialy based?

or any unresolved dispute.

Would this jepordise my case now i could probably do it with out involving my solicitor at this time.

 

 

Thanks

BL

[elizabeth1]

JonCris,

Excuse me for intruding here - but I have a question. What is a caution on a property??

 

I am just asking cause the way my solicitor is doing this for my case - he got all the Land Registry details etc.. and is filing the charge with court - the defendant has been given a copy of the charge (values, reason why etc..) - this gives the defendant time to cook up his explanations/excuses as to why this charge shouldn't be granted in my favour etc..

 

I am curious as to what is different about a charge and a caution on a property - and how the caution can be attached without the defendant knowing about it? Please don't think I am disputing what you are saying - I'm not a legal expert by any means - I am jsut trying to understand what you are saying.

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If anyone wants to have look below is the form, but I'm going to do some Reading up on it, and suggest anyone else does first.

 

 

http://www.landregistry.gov.uk/assets/library/documents/ct1.pdf

 

I may have a problem here dont think his property shows up as an individual house on an ordnance survey.

I will have to apply for one and see.

 

There are 4 other buildings on the farm cant see nay one paying 350,000 for the other homes if they are not recognized.

 

I'm concerned that the farmer may still have a stake in the land?

 

Off to sniff around.

BL:)

[JonCris]

A charge is for a secured agreed debt.

 

Registering a 'caution' against a Land Registry title is a method of ensuring that the registered property cannot be sold without prior notice to the cautioner, who claims an interest of some kind in the property concerned.

Any prospective purchaser of the property will require the vendor to get the caution removed from the title before the purchase proceeds. This is done by a process of 'warning off' the caution by means of a notice lodged with the Land Registry and sent to the cautioner who is then obliged either to make good his claim on the property or have the caution removed from the title.

[elizabeth1]

aHHH!!! Thank you JonCris for explaining that point - I was just confused as to the difference between a caution and charge on a property.

 

So from that "Caution" on the property is then a good thing for Breadline to have against this persons property while he proves his case in court etc.. = then it will follow that once the debt has been established and proved in court etc.. the court judgement will be granted for the debt plus interests etc.. by court giving the person/defendant opportunity to pay up etc..

 

Then it follows that if like the case I have myself and the man proves as slippery as a bar of soap in the bath (see I am keeping it clean!! giant effort from me here as the man in my case makes me mutter bad words!! ) - once judgement is made it can be enforced after 28 days?? (bailiffs sent in etc..) if that part proves fruitless the other tack is to go for the second charge as my solicitor has done for my case? From what I understand then if the defendant wants to sell up etc.. or goes belly up financially where his assets need to be sold - you would be notified and ought to be able to recover your money then plus interest as agreed by court?

Seems such a lengthy process though doesn't it? But I suppose someday the defendant has to pay up?

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If he has already done a hoem exchange with his daughter or changed owner ship, would i be told of this as i apply the caution as teh caution woudl not be able to go ahead.

 

i have no way of finding out if he is still there.

 

Oh actually i could go to see teh voters roll, but he may be on hidden choice.

 

need to ahve another think, dont want to loose money and time if he isnt there.

[JonCris]

You can place a caution no matter what or who is living in or on the property. All that will happen is if anyone attempts to sell the property or use it as security for a loan you will be told. The owner/vendor/borrower will than ask you to establish the reason you think you have an interest in the property. Its at this point you can argue your case & if he has passed it onto relatives you will be able to argue that its an attempt to avoid paying you your damages & the court can revoke the transfer.

 

Its important that you don't delay because if he sells it lawfully then you would be chasing him again for payment & he would find it much easier to conceal the proceeds of sale.

 

Not that it matters for the purpose of the caution but for a fee of £2.50p the Land Regsitery will be able to advise who owns the property

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At any of this time does the property owner get to know who has placed the caution when they try to sell or loan.

[JonCris]

They will only become aware of the caution when they sell or try to obtain secured borrowing. A local authority placed a caution on a property for care home fees in 1985 which only came to light last year when the trustee of the now deceased owner tried to dispose of the house.

 

Yes they will be given details of who has placed the caution.

[dw190]

If the property has a postal address with the name of a Road/Street and a number, details can be downloaded online for £3.00.

 

Land Register Online : Detailed enquiry

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Pulled it off to day, in the name of him and his wife an dteh lender is his Brother?

 

But that could be because they both brought the barn and converted it n to 2 dwellings 1 each.

 

So his brothers would possibly say he is the lender.?

[852bob]

I had safestyle uk visit today 28 October 2009

As I had requested a quote from them. Over the years and especially in today’s climate when you have to be on your guard , I have developed the technique of writing down a list of questions that I wish to ask. On the arrival of the representative I thought it only right to let him know of my intentions, of not only getting a quote from them ,but it was also my intention to invite other companies to tender quotes too. One of the first questions I asked was how does the buy one get one free work?, as I truly believe that nothing in this life is free. He had no hesitation in explaining that you only get what you pay for, and that under that arrangement the free window would be of an inferior quality to any window that would be fitted to the front of the house. In otherworld’s to have the same standard throughout would cost. I then asked what guarantee would be offered on their product,? was it a company guarantee or would it be insurance based?. Again it was explained with clarity that it was a 10 year company guarantee, something that started alarm bells ringing, as in today’s climate what company could be sure of being in business in ten years time. I asked would this guarantee be in writing?, and the answer was yes. My next question was do safestyle give a firm completion date in writing?, and again the answer was yes. As my intention was only to have a quote at this time, I asked do you have a copy of your companies terms of agreement that you could leave in order for me to peruse at my leisure?, again alarm bells rang when I was told NO, as this was not company policy, but in his words I could read it before I signed any agreement, something that you don’t do very carefully when someone is looking over your shoulder and waiting for a signature. I asked was their any other properties local to were I live, that they have installed their product in order I might be able to see the workmanship for myself or even ask the home owner about their experience with safe style?, he then became quite vague saying it was not his area and that reps could travel up to 80 miles to visit and give quotes, does alarm bells sound familiar. I was then told that I would need a surveyor to come, In order to see if there would be any problems in having their product installed. This sounded quite foolish as it should have been painfully obvious to him, that we have already got UPVC double glazing, and just wanted it replaced, but again maybe an excuse for an extra charge. My last question was if during installation, damage was caused to my property would it be put right by their company?, this was accompanied by great reassurance that it would be their moral obligation to do so. I was then asked about my partner as my wife was not present at this quote. Again I explained it would only be a quote and any other arrangements as any further details could be made with my wife at a later date. At this he promptly terminated the quote saying until it was possible to have my wife present, the quote would not be possible, yes you’ve guessed its not company policy, I wonder why would it be easier to influence a woman?, just a thought. After being contacted by their office I have chosen to strike safestyle from my list as my intuition tells me things are not as they should be. So be on your guard you know what they say “ If it sounds too good to be true it most probably is”. Just a word to the wise. Hope this helps .

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This topic was closed on 03/08/19.

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