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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
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    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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Restriction B4 on property without my knowledge


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I really hope that someone can assist. 

 

I am applying for a re-mortgage which has been a long time coming, I won't go into great detail but needless to say due to an acrimonious separation I had to fight to keep my children, home and sanity.

 

My conveyancing solicitor emailed to ask me to contact the solicitor to remove the Restriction. 

I knew nothing about this so initially was confused then as I gained more information have been in total shock for 4 days, unable to eat or sleep.

It seems the father of my children, my ex-partner unbeknownst to me was able to lodge a B4 Restriction against my house, my home.

 

We purchased the property together in 2005 with a joint mortgage and my name on the deeds. 

Following our separation in April 2006 it took a while but I eventually managed to secure a mortgage in my own name in April 2007. 

In May 2007 this B4 restriction was put on and I did not know at the time and 13 years later have finally stumbled across this.

 

During the period between his leaving and the Restriction being put on he secured credit against my property which he should not have been able to do.

 

Can someone please advise my legal standing and what on earth I can do? 

The very least of this is that it is holding up my re-mortgage which I am finally in a position to be able to do.

 

It is the most unbelievably stressful, worrying, awful nightmare of a situation be be in.

 

Thank you to anyone who can point me in the right direction.

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can you type out the exact words of the restriction as it appears minus any per info please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi and Welcome to the Forum.

 

So in effect he fraudulently raised credit against a property no longer mortgaged in his name ? When you secured your mortgage in your own name was the previous joint mortgage cleared ? 

 

You will need Form RX3 or RX4 depending who is going to sign it and then submit it to HM Land Registry. There is no fee. 

Get his consent and use RX4

 

https://www.gov.uk/government/publications/cancel-a-restriction-registration-rx3

 

https://www.gov.uk/government/publications/withdraw-a-restriction-registration-rx4

 

Andy

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Wording: RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

 

Credit was taken out whilst he was not living here but still on the mortgage.

 

The Restriction was placed, without my knowledge, one month after the new mortgage, which cleared the whole of the existing mortgage in both our names, thus both the mortgage and deeds were in my sole name.

 

Thank you ever so much for your replies, I am really struggling to keep it together here and cannot let my children know anything of this.

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Thanks...so the dates and timings are critical here.....what arrangements with dates were made with regards to any divorce settlement re property ?

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Okay...so he knowingly applied for credit using the property as security with full knowledge that you were imminently remortgaging and removing him from the deeds and therefore obtained this credit by deceit.

 

What type of credit was it and the name if your prepared to divulge ?

We could do with some help from you.

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I received paperwork for a loan and a mobile phone contract to my address, I do not know the exact dates of these but was told that he could apply legally as he was still on the mortgage.  He did know I was taking a new mortgage in my own name.

He was never on the deeds, always in my sole name.

 

At this point I do not know who has lodged this restriction, the name(s) on it or how much it is for.  

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He was never on the deeds, always in my sole name.

 

Then how can he be joint mortgagee on the old mortgage  ?  

 

https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

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by whom?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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 OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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