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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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I have received planning permission to do a loft & kitchen extension.

 

I have a terraced house.

 

Re the party wall agreed surveyor, my neighbour to the right is ok to a ‘agreed surveyor’ being appointed by me. However after I received planning permission late in 2018, my neighbour to the left instructed a surveyor.  I spoke to this neighbour last weekend explaining that i am now in a position to hopefully commence the work but that a party wall award needs to be secured. I inquired from them if we can agree an impartial surveyor preferably of my choosing, since i will be paying the fee. The wife said they'd speak to their surveyor, whilst her husband seemed hesitant.

 

I have now received the attached letter from their surveyor.  His remarks such as '‘after some delay' (surely it is for me to determine when i being any building work on my property having consideration of a myriad of matters), gives me pause as to his impartiality, at that he is not just money chasing.

 

Is a surveyor permitted to make an approach to a property owner,  re offering to be appointed as the agreed surveyor, in advance of the party wall notices being issued to the relevant neighbour?

 

I do not trust the impartiality of indeed integrity of this surveyor.

 

Both my neighbours, already have both a loft & kitchen extended kitchen, so i just don't understand why this neighbour, is seemingly trying to make this process as protracted and even more expensive as possible.

 

How can i convince them to use my surveyor as the agreed surveyor, short of threats of me not being cooperative of any work they may wish to undertake.

 

Tnanks

 

scan0048.pdf

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Nothing unusual or dodgy about this letter.

In fact, it would work cheaper for you if the same surveyor was doing the work for both neighbours.

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So your cheapest option here will

likely to be to appoint this Surveyor as the ‘Agreed Surveyor’. This guy will charge more or less the same acting as the Agreed Surveyor, or as the Adjoining Owner’s Surveyor, but then you will have to pay two.

 

Once a PWS has been appointed there is no way to remove him/her, it is a statutory appointment.

 

Unfortunately, neighbours of those who propose to have work done are plagued by letters from surveyors, they are nothing more than ambulance chasers. They are often unaccredited and have terrible reviews. Ironically, they also charge more than those of us who are reputable and qualified.

 

I advise Adjoining Owners to simply check the bona fides of those they are thinking to appoint, just because they may not initially think they have to pay for the surveyors services, if he acts unreasonably they might.

 

Lastly, try to ensure that you don’t take any more of the Surveyors time than is necessary, make sure the drawings he requests are prepared without him having to chase the architect. Beyond his usual fee he will charge by the hour, therefore ensure he can only has to spend the minimum of amount of time to avoid adding costs.

 

If you need any further assistance feel free to contact the Faculty of Party Wall Surveyors.

 

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Thank you both for your comments. For now my neighbour now appears to have agreed to having an agreed surveyor of my choosing

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