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    • My autistic son brought a van from a private seller. ( there was 5 other cars on his drive and another van, plus loads of machanic tools in his hallway,  so he probably is a unofficial dealer).  He gave the van a once over, he checked for any warning lights that might be on, there was none. He checked underneath for any rust etc, it all looked fine. The body was rough, but you'd expect that for the age of the van.  He got his brothers machanic to give it a pre mot check, as the van was old so he expected it to have a few problems. The van is a deathtrap, the seller had blacked out all the warning lights that were on the dash,  and I mean all.  He had also painted some kind of black stuff on the underside, to hide all the damage there.   My son drove it for over 2 hours to get it home. The machanic said he's surprised my son is still alive, and an untrained eye would not of seen what the seller had done.  Iv asked the seller for a refund and for him to have the van back, but he is refusing. Is there anything we can do.   
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    • First of all it sounds as if your retailer is very decent and very responsible. This itself is unusual in these kinds of circumstances and I think we need to bear this in mind. The guarantee is not particularly relevant and in fact the dealer had a statutory duty to exercise a certain responsibility for your computer – probably for several years as their obligation under the consumer rights act. The dealer may not have known this and it simply acting out of a sense of moral responsibility and that is even more noteworthy. You've already suggested earlier that you didn't really want to cause problems for your retailer. I think that you will need the help of your retailer as well in order to get information and evidence. I suggest that you proceed against DPD – but before you do that – I suggest that you have a discussion with the retailer. Tell them that this is what you are going to be doing and you would like to have a copy of anything they have which relates to the special instructions which apparently your dealer has already informed you about in relation to where item should be left. Secondly, maybe you should tell your dealer about this site and also about this thread. I can imagine like many dealers who are frequently sending items by means of couriers, they have had things go missing. Tell them that we will be very happy to help them recover money for lost or damaged or stolen items – and that is regardless of whether or not they have purchased insurance. Apart from being very pleased to help your dealer recover items which have been lost by irresponsible parcel delivery companies, I think we need to encourage the complicity between you and them so they will be pleased to support you in your claim against DPD. It will be helpful if you can get a copy of the instructions that you have referred to above, and also if you can get some written evidence of your own instruction that your laptop should be left in a safe place. Have you done the reading on this sub- forum? You will need to do lots of reading of many of the similar stories on this sub- forum. They won't necessarily be against DPD but the principles will broadly be the same. Also read the pinned topics at the top of the sub- forum in order to understand many of the principles involved. Getting your money back but be quick – but your chances of success are better than 90% that you can bank on it taking anything up to a year. Have you got anything in writing from DPD either refusing you or telling you that they won't discuss with you?  
    • Thank you for telling us the text of the letter you had from the police. As we don't seem to have come across this before, it would be really useful for us to see the original please. HB
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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my Leasehold/Freehold property and its issues.


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Posted (edited)

ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.

 

Edited by HP Mum
I get confused. And I'm in it.
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This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 

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It's genuinely amazing how you managed to rebuke pretty much all of my points without giving a single shred of evidence to prove it. When asked for evidence all you claim is that "it's clear cut" but how is anyone here meant to know if you won't show it?

 

59 minutes ago, aesmith said:

You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.

I agree with this.

If you can't convince us, how are you going to convince the judges when this inevitably goes to court?

We could do with some help from you.

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Lolerz - I don't understand you. 

Rebuked you? 

 No. I simply replied to your orange comments with legal facts as I know them. 

I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally. 

In terms of posting evidence. 

Sure I can post some. 

But my most recent questions have been

a) how can I enforce a sale before trial? 

And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?). 

At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence.

Fwiw -

all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  

Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  

My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.  

Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared. 

And continue to try better prepare - which is why I visit this site (and clinics). 

This is NOT my business or expertise at all. 

I'm just trying. 

Not that anyone should ever have to justify why they need help if they ask politely! 

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4 hours ago, HP Mum said:

a) how can I enforce a sale before trial? 

You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.

4 hours ago, HP Mum said:

b) how can I make a complaint and/or a claim v receiver?

A receiver is bought in by the lender, not you.

If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here.

Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.

https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme

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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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Thank you.

The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why? 

Fair market value seems to be ever shifting and contentious.

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9 hours ago, HP Mum said:

My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.

I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts.

A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL.

I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since?

I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.

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Posted (edited)

The property was our family home. 

A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.)

Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker)

Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted.

The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 

Edited by HP Mum
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25 minutes ago, HP Mum said:

Not sure what you mean by 'split'.  

From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after?

" A FH split to create 2 Leasehold adjoining houses (terrace)

FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. .
Freeholder resides in the other Leasehold house.

The property was originally resided in as one house by Freeholder"

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Posted (edited)

Ah - that was another thread that got merged back in 2018   That 'split' doesnt refer to this legal matter

 

Edited by HP Mum
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Really, have you had several leasehold properties repossessed from you? This is the trouble with asking advice in a series of hypothetical questions, with all parties unnamed and referred to in the third person.

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Posted (edited)

Right. So I think it would be  good idea to give a brief description of the property, for example detached house, or flat or terraced. And some sort of identifier so we can distinguish from other properties you handle. An incomplete street address eg "No.14" would do so while preserving your privacy.

Is the freehold title discrete for the property, or does it cover other leasehold properties?

And a bit about your history, how current ownership came about. At one stage you said it used to be your family home, elsewhere you wrote that you'd bought the leasehold. Did those comments refer to this property? Did you acquire it on the open market, or from your family? Is this the house with the garages, where you own the freehold?

Trying to understand whether there are underlying reasons that might account for problems with valuation, eligibility for finance, and the fact that neither you nor Lender found it possible to sell.

Finally (for the moment) you refer to existing litigation. Does that relate to this property? If so it would be good to give a brief overview. Civil or criminal? What role do play .. claimant, defendant, appellant, respondent?  Charge, or cause of action.

You don't want to go off on separate path that would better joined to the current proceedings. 

Edited by aesmith
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Bazza - fair market value is definitely contentious.  Your comment has made me realise I must consider it in detail over the last few years alongside the steps lender/ receiver took. I've made a start

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Posted (edited)

Ae - thanks for your interest. 

It's quite overwhelming to keep reiterating the background.  I've lived through a lot and put a lot behind me.  There is one property - that has unresolved civil litigation.  It's been subject to lots of litigation - as explained (LH/FH).  I also explained the lender could've sold it immediately.  They chose not to.  The crux of the remaining litigation is focused on the steps they took and why I shouldn't be liable for their failures.  My counterclaim raises issues of criminality. 

I'm very tired.  Exhausted with looking backwards.  The trial proceedings are at their end - I am now only trying to figure if I have an alternative angle by way of a separate complaint or claim v receiver AND how I can force a sale before the issue would be dealt with at trial.  (Aside: i'm still considering if I can complain v broker AND need to follow up with sra on former lawyer negligence)

I'm considering Bazza's comment about fmv - this will present more transparency on the situation 

Edited by HP Mum
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I mean it's in last stage. Many previous hearings re claim and d&cc. Points eitherside whittled down. Disclosure of all evidence provided. Statements drafted.  This means no new points can be raised.  Next should be trial.  But lender adjourned trial. They want to discuss settling.  As trial is adjourned, there is a possibility to raise new points but only if disclosure provided new crucial evidence.

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  • honeybee13 changed the title to my Leasehold/Freehold property and its issues.

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