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    • 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!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • 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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Family home + no will + share


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First time i saw the letter was 2 weeks ago,

 

since i uploaded it i have done nothing? what can i do?

 

BazzaS said:
Have you asked for a copy of this? If not, why not?

If so, what does it say?

 

okay bye!

 

As for what it says, i keep saying. the solictor dose not have it. i do not have it. no one has it. maybe my brother.

 

Why would he need to keep a copy i am sure his solcitor got rid of his file its been 10 years.

 

can that avidavitt be deeds of variation? what the hell is it. google keeps saying alot of things.

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You haven't edited out the name of the solicitor who sent the letter from your pdf higher up. You need to do that please.

 

I'm confused. If you didn't sign the document saying that you gave up any share in the property as I read the letter [i could be wrong] how did you come by a copy of the 2006 letter?

 

HB

Illegitimi non carborundum

 

 

 

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I went into the solictors office in 2006 and paid some monies.

 

since then upto 2 weeks ago i did not have any contact.

 

so none of the doucments i have seen. touched or signed.

 

i spoke to the witness and he says he dose not "remember" signing it. ALSO he will if needed say that offically if asked. Also he is doubtful that is his signature. He said its 50% similar or same as what he does.

 

clear fraud has taken place, i do not know where i would get the "deeds of variation" from? Anyone know?

 

Ali

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I have the will. i am the exector.

I have grant of probate it is under my name.

I have the deeds of variation. the sigature, date writing is not mine. FURTHER more the "witness" to both the signatures say he did not know. Tonight i will show him the copy to 100% confirm if it is him or not.

I do not have the avidavitt which the solictor discuessed with me. I think that is what my brother would of showen the soloctor who made the deeds.

once my brother had the "signature" he then had the title change. in the deeds the tick is on the box "full title entitlment"

 

Now what do i do?

 

Ali

 

In this post you said you have the deeds of variation.

 

It says on the letter to advise the solicitor if you were under duress to sign, was it explained what you were paying £700 for? What did you think you were paying £700 for?

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May i please say for the last time. I was asked to go to the solictor to pay for the "will" by my brother. They wanted around £700 and i gave them a checque.

 

so lets assume its sept 2006. from then to upto 2 weeks ago i have not spoken to or seen any doucments.

 

What i asssumed was deeds of variation was in fact the titles transfer form.

 

THAT letter that is attatched i have not seen either. I am sure after my brother told them something, THEN they sent this letter to my family home where we all live since 1992.

 

i am 13 years junior in asain family bacground. EVEN now i am child according to all my uncles and grandma.

 

some of my cousins had 2 kids while i was in high school.

 

Brother did everything that needed doing, incluuding total control over the solocitor.

 

i am sure if the calls came, letters came he delt with them. @ that time in 2006 i was working 70 hours a week. i was out by 8am and not home by 8 or 9pm.

 

the ONLY step going forward is. if he metions of me being removed, or get out or this or that is to get a solictor. one said £2800 + vat to get the will, probate and land registry documents.

 

so i have done the ground work luckly apart from the missing document and hm land registry i need nothing else.

 

i am not sure what i need or where to go for this land registry.

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3. ....... must be the aviddavitt the probate solictor keeps saying i signed and returned to her.

 

Have you asked for a copy of this? If not, why not?

If so, what does it say?

 

 

 

As for what it says, i keep saying. the solictor dose not have it. i do not have it. no one has it. maybe my brother.

 

Why would he need to keep a copy i am sure his solcitor got rid of his file its been 10 years.

 

So, the solicitor doesn’t have the document they “keep saying” you signed and returned......

 

Someone isn’t being truthful ... when did they last “keep saying” you signed and returned it?

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You will have to contact your brother now and contest his position of full inheritance. Explain you are getting legal help to gain your 50% (or whatever the will states) of the property as you have not signed any docs to change this. Please go to the CAB before you worry yourself about large bills.

 

To clarify a deed of variation is a document to change the original inheritors wishes. Your position is you would not have wanted to do that and if there is is a doc which says you did sign but you state you didn't sign, that is fraud.

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You look focused now PhilMC so move on with your quest with top priority before your brother gets into house sale mode. Let us know how you get on.

 

What concerns me is if you were duped into signing docs giving your brother sole ownership of the house, or someone was set up as being you and in cahoots with your bro.

 

determindator said:

 

Good link

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if i was duped i cant remember. After visiting the solicitor with the cheque i have not spoken to anyone.

 

yes his wife is cahoots with him. Shes has a plan, sell all and move closer to her mother, the wicked witch.

 

Sofar as her brother was in there family home they could not move there.

 

now hes gone, she has moved her efforts to 100%.

 

game is my brother sells all, moves to her mother, makes that house freehold.

 

my brother is too stupid to ask if his name will be on the titles as a owner lol.

 

screw them, i am gonna fix me and secure me.

 

you all aware of my other issue with some kind of inheritance fraud.

 

I have become aware of something called "unilateral notice" or Notice, Junction, on a property.

 

which sounds like, i do something at land registry level so therefore the owner can not reportage, sell or do things with the home.

 

i need to stop my brother from taking loans of all sorts on the property which i have "beneficial rights" too.

 

i do not know what beneficial right or ownership or claim is.

 

Will says i should own 50% of the home. Titles say no.

 

So can someone please advise on these cautions or notice i can place, without him knowing.

 

Ali

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What GM said  was:

Ganymede said:

 

As for “without him knowing”, all the info is within that link.

GM suggested this isn’t something you should be doing without legal advice.

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Right you are getting stuck in now Philm and as others say get legal advice.

 

 

nothing to lose with CAB visit and they will either be in a position to get involved or they will guide you to a local solicitor who should give you at least half an hour free time to talk and what the next step is.

 

https://www.citizensadvice.org.uk/

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Right so CAB is... BUT is that where i must queue for 4 hours and then find a seat and then have these part time, well to do, people who never listen?

 

I will find a solictor.

 

Ali

 

That link is correct, beyond me to understand any of it.

 

Time to get the solictor to do that first, then find good probate lawyer.

 

time to action the plan.

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You want to be seen at your convenience?

Not a part-timer?

Someone who listens to you at your leisure rather than trying to guide you to give them answers?

 

Then paying for a solicitor seems like a good idea.

You can take as long as you like (and be billed for it.....)

 

I’m not sure you should insist on a solicitor who isn’t well to do, though : would you prefer one who is more successful or less successful?

 

BTW: do you view the respondents on CAG with the same disdain you appear to have for the CAB volunteers?

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after waiting in a drizzle for 2 hours and then stood for 2 more inside. 8 chairs and 20 people....

 

CAB not intrested. when i drive past my local office, i see the people queing up.

 

i will speak to solictor for both of my cases.

 

probate lawayer i know who the hell dose the notcies?

 

Ali

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thread from 6yrs ago with the full history merged

 

 

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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Good spot dx,

 

2011 OP says he signed away his rights

 

2017 OP says he never signed anything, and had no idea!

 

philmycoke said:
1. we don't know about deeds of variation. i never touched anything.

2. i did not sign anything and original solicitor says they did no further work. no title or deeds of variation work. someone else did.

 

Ali : how has this happened? Which version is correct??

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No need to discuss further. not which version?

 

i am still saying "something" had to be done avidavitt or something to start the process over. I gave the solictor money and thats it.

 

i am missing in the gaps as i understand them.

 

original solictor told me she dose not have the document which could be anything from deeds of variion or avidavitt or what ever.

 

all i need to find is which soloctor dose the notice, rest is in hand

 

Ali

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It must have taken ages to get these threads merged dx100uk, but very helpful, thanks.

 

philmycoke, I haven't posted here so far but I've been reading it all.

 

Someone's got to say this so I'm going to.

 

You are way out of your depth on this and there are far too many issues for posters here to be able to help you with very much further.

I constantly have the feeling I'm not getting the whole story.

There are issues that simply cannot be sorted out on CAG.

 

From your posts there appears to be evidence of serious fraud but I for one cannot work out whether there's really fraud or whether it's a misunderstanding of what's happened.

 

Either way I think the only advice that can sensibly be given at this point is that you consult a specialist solicitor,

put the whole story and all the documents you have in front of them, and follow their advice.

 

Sorry, but it's going to cost you.

But we're not talking small stakes here.

 

What's at stake for you financially? £500,000 mentioned some years ago.

What now, £1 million?

 

and whether you have anywhere to live any longer or end up homeless?

This is big money, big stakes.

You have to find a way to pay for professional legal advice.

 

I've said my piece, I'll leave it at that.

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