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    • Hi Thanks for your reply. I have discussed this with citizens advice and they have taken details of the builder and reported them to trading standards who will take appropriate action. The builders claim that as the draft contract was sent over by email and I had time to think it over before deciding there is no cooling off period in this case.   When sending the draft contract they do not cover any details relating to cancellation rights or any of the details required in the legislation above as they are claiming it should be treated as 'on premises' and therefore my consumer rights do not exist.   I prefer not to give their name on a public forum at the moment but they are certainly not making my life easy at the moment. They are threatening to sue me for breach of contract if i do not pay up in 14 days.
    • Hi all, was a bit busy with my friends witness statement. It is my understanding that none of Assets ppl will attend the hearing pursuant to CPR 27.9 (1)(a). I'm not sure do my mate will be ready to go as he fall in deep depression, lost his interest in life and do not communicate at all now. Ok, there is the WS attached. Thanks DX for advice, I found some good ones here. No names stated in case someone from claimants side reading this. Will be appreciated for any advises and corrections. Thank you in advance.       WS.docx
    • Ok thanks DX, so i reclaim these charges and default sum fee's Then I guess once/if this is settled and they hopefully refund these charges then I need to make a repayment plan arrangement with them.   I think i need to move quickly as they have mentioned legal action which they said would involve property repossesion (so they stated anyway!)
    • Wrongly. I suggest that you post the drafts of the documents you are preparing to send or to file here before you actually do so. You've waited this long, another 24 hours won't make a big difference. You may as well get it right
    • Please will you tell us the name of the builders.  http://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made lays out the circumstances in which you lose your right to cancel and off premises contract. I don't see anything here which says that you are not entitled to use the 14 day cooling off period. I suggest that you email the building immediately and ask him on what basis he says that you are not entitled to a cooling off period. Tell him that if he will not explain this to you then you will not engage in any further communication with him. In any event, and off premises contract must contain at least the following information – meaning that the supplier of the services must provide you with the following information http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made     Please check your contract and any other messages you have received on paper or by email and see whether together it can be said that you are provided all of this information. If you were not provided with this information then the cooling period doesn't even begin to run. To all intents and purposes the contract is not complete yet. On the basis of the dates that you have provided to us it would appear that you have exercise your right to cancel just within the 14 day period and so therefore your cancellation is good. It seems to me on the basis of what you have told us that you are being bullied and browbeaten by these people. If it is correct that they haven't given you any details about the right to cancel then they are potentially committing an offence and once they have explain to you why you don't have the benefit of a cooling off period, you could then reply to them and warn them that by failing to include all of the information in schedule two – but particularly information as to the right to cancel, they are committing an offence. http://www.legislation.gov.uk/uksi/2013/3134/regulation/19/made   Once you are satisfied that you are on secure ground, I would suggest that you write and tell them to do the other thing and that you will be happy to see them in court where you are sure that the judge will be very interested also to see the way they have behaved against you. Please let us know the name of the builders and also once you are sure of your ground I suggest that you start putting reviews up on trust pilot and Google and elsewhere.
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bristolred

Take over mortgage

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Hi

I am living with my partner in a house that she co-owns with her ex. At present I am paying half the mortgage and the council tax.

The ex would like to sell to me and I would like to buy.

By my estimation the house is worth £200k. And there is around £100k to pay.

He would like half of his deposit (£20k) and half the equity Around £25k. This is all sounds reasonable to me.

How do I go about things?

I am still officially married to my ex. Do i need to be divorced to move forward?

Could she possibly make a claim on the house?

If she did...would she need to involve a solicitor?.....She wouldn't have the funds to do this

 

My credit history is less than perfect so is a concern?

Will I need to add my own deposit? I can put down around £15k

I presume this will be a new mortgage?

Do I go to my bank or a mortgage broker?

The mortgage is under one bank and I bank with another....is this still ok? Ie will I need to change banks?

It's been all very amicable, I pay him monthly...that's as far as our relationship go's. He has given us til September 2019 to have a plan.

Either sell or buy from him. Ideally we would like to stay put.

I have little or no knowledge of mortgages and how they work so any help is greatly appreciated

Edited by bristolred

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Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy


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to try and answer some of your questions in a logical order

do you need to divorce? no

can your estranged wife claim on property? Yes

Will I need my own deposit? No

It will be a joint mortgage so your history is only part of it.

The process will effectively sell the house owned by your new partner and her ex to her and you so all this he wants his deposit back plus £25k isnt how it works as the ownership is set by the type of tenancy entered on the Land Regisrty

 

Mortgages can be with anyone, you wont need to bak with them and nor will new partner.

Why are you paying her ex, the money should go towards the debt so he is getting paid twice.

 

Ithink you need to understand a little more about the process.

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