Thanks for your help it's very much appreciated

This is quite a complicated situation but any help or advice would be greatly appreciated. My niece who has an eleven year old son still shares a house with her ex partner who is and always has been abusive. He still partially lives there but does not come home when he chooses. Before the child was born my neice had her own flat but stupidly when the baby was 3 years old she entered into a mortgage with the babies father and bought a house. She paid the deposit. Things didn't work out - he didn't pay the first months mortgage or give her any money- consequently my neice had to claim child and tax credits. Time and again she has called the police to him but he won't leave the property because he says his name is on mortgage etc. He is very crafty and most of his abuse is verbal,if she puts the house up for sale he takes it down, that sort of stupid thing. The only thing he has paid for is the childs school fees which are about £400 per month, he never buys the child clothes food or contributes to the bills. Things have got so bad my neice is now determined to leave, she has put the house up for sale and this time he has agreed, her problem is now he has stopped paying the school fees but pays exactly half of the mortgage and absolutely nothing else (£182). She is worried that she is breaking the law and should tell tax credits that he is now contributing to the bills.(mortgage) About four years ago tax credits investigated my neice because he lives at the property, she told them everything about him paying school fees and that he comes and goes as he pleases and she is powerless to stop him. They questioned him and he told them he will stay at his house as and when he chooses. He gave them a singed note that he only pays the school fees. Her problem is that he is now purposely running up her bills gas, electric, eating her food and basically being spiteful to cost her money. If she now tells tax credits that he is paying half the mortgage, which is a lot less then the school fees, will this make a considerable difference to her award. If she doesn't inform them is she breaking the law, he is threatening to report her and say they have been in a relationship. With the housing market the way it is this situation is likely to continue for a while, she has been advised not to walk away by a solicitor, but obviously can't keep paying for everything. She is at her wits end. Any help would be most welcome.

After brilliant advice received from this site I wrote to estate agent pointing out that the agreement between ourselves does not mention HIP or payment for it. Today I received his reply marked 'without predjudice' He waffled on about it being compulsary to obtain an HIP then ended by saying that because he feels there has been a misunderstanding between us he is willing as a gesture of goodwill to accept £200 as full and final settlement (original bill £475). If I don't agree he will see me in court where he is sure he will obtain judgement. What do you think? Any advice greatly appreciated.

Oakwood Home Loans

I want to claim back arrears charges on my mortgage and am now ready to take my claim to court. One thing bothering me I have read differebt threads about there being an indemnity clause in agreement whereby you would be liable for opponents cost even if you win case. The only thing I can see in my agreement is this bit 'You will keep us fully indemnified in respect of any breach or non-observance of your mortgage'. Is it in my interest to claim or does this pose a risk?

Sorry that should read thanks so much for your advice!

Thanks so much advice.

I don't know whether my case is the same thing as you were discussing but if it is, it certainly isn't a [problem]. I went on a site called 'My Vesta' and solicitors took up my case. I had a secured loan taken out in 1993 the interest was extortionate but apparently the way the agreement was put together was wrong. The agreement was not drafted as if it were regulated by the Consumer Credit Act 1974 because the advance was in excess of £15,000 but it should have been because aa a condition of the loan the arrears on our mortgage had to be paid off (restricted credit) so this was a multiple agreement. As a multiple agrrement the amount of credit in each part was below £15,000. I have not won this case yet but a barriater said I have a very good chance of recouping all monies paid plus interest from day of redemption. Court papers have been issued so we are just waiting. I would advise anybody with old agreements to get them looked at. I know we were lucky as we were granted legal aid to fight this, but if you don't try you will never know.

Sorry if I seem a bit thick, agreement only says 'The agency period shall run from 12/3/08 until legal completion of sale unless it is terminated by either party......' Nowhere on agreement is HIPS mentioned, hand written and squeezed in very shabily is written under one paragraph '£400 withdrawal fee plus Vat' I have not got original copy of agreement the one in my possession is a photo copy sent by agent.

Thanks for your swift reply

I don't know whether this is in the right forum but here goes, can anybody advise if estate agent has right to charge for Hip when I took my house off market. I have agreement which states: 'The agency period shall run fom xxxxx until legal completion of the sale unless it is terminated by either party serving on the other a minimum of 14 days notice in writing, in which circumstances no fee shall be payable'. My house went on the market on 12/3/08 but due to job circumstances I had to take it off market on 16th May o8 I did this in writing. Estate agent is now demanding £470 for Hip, I was led to believe this was only payable if house sold. Any help would be greatly appreciated.

I used Style Financial Services PO Box 5747 Southend - on - Sea SS1 9AJ but I havn't had much joy, they have said they definately won't refund and take it to FOS if I am not happy?

Thank you so much!

bump!

Thanks for the swift reply, I was just wondering if anybody out there had succeeded with these people?