there is a charging order, in cabots name. ' We had reason to download the deeds recently, its in cabots name, the original creditor is RBS, who are denying any knowledge of my father having ever had an account with them. The ccj and charging orders would have been defaults as my dad was extremely ill at the time, and he never received any paperwork.. The situation came about after forcing cabot to tell us who the original creditor is, and trying to claim back any back ppi, which we know was mis sold because he wasnt allowed the card without it. he just received a letter yesterday saying if it isnt settled in full by aug they will apply for a forced sale. I dont think they will be allowed as he is severely disabled, but he more worried about extra costs ect, and if we can do anything about the oc's denials.

My dad has a charging order on his house for around 5k, and for the last few years he has been trying to get info, as he didnt know it had been applied for, or a ccj given or anything of that nature. Having finally found from the dca who the orginal creditor was allegedly, the original creditor is adamant that my father has never had an account with them. The fos was due due have a final adjudication on this friday, which we will hopefully hear about this week, but how do we stand with having the charging order and ccj set aside in these circumstances, should they rule that the account never existed?

Thanks assisted, im not really lookign at invalidating the will, im already aware of how difficult that would be just exploring the issues at the moment. After speaking to land registry, while they dont give legal advice, their opinion is that it would be difficult to demonstrate a severance, because they were not informed, and therefore couldn't make the needed changes to the deeds, being an overriding legal document. Having looked at the details of the severance there are 3 steps to carry out, of the three steps, only one was done, the next two were not even attempted. Legal advice has been taken, and almost always is with me, i just think its a difficult situation at the best of times, and putting what i discover here may help someone else in the future. Knowing the claimants, i suspect they will go alll the way with this, so we may get some updated law in a few years haha. I also like to find out as much as i can for myself to.

My next question is about the will If the will states they are to be buried, and the executor decides to cremate instead, can this void the rest of the will?

Thats ok, its not so relevant now, the law also says that land registry must aso be informed so that a class A restriction can be placed on the property in question, i guess to prevent sale without consent. Having gotten the deeds from land registry yesterday, there is no restriction from the claimants placed on there. On the severing, there are two pages, one with her signature on it, and a second page which clearly should have been sent for my dad to sign. Now if they have the copy that should have been sent to my dad, they clearly never posted it in the first place Am going to look at Burgess v Rawnsley now as well tho, thank you

Ah thanks blonde, i had found bits an pieces, but not really in a way that made to much sense. I guess i dont need to read it that much, just as long as i get what the approach is

Ok I have a grip on this now, and understand what has happened, it isn't looking good for the other side either Would appreciate if someone could find me the williams v hensman case so that i can read fully, i have looked but can't find it myself anywhere, only vague references to it. I will update with further details as we go now, so that others can see if needed ta all in the future. A letter will be winging its way back tommorow

Thank you, i think im starting to understand some of it now , but would be nice to make sure im thinking right

Ok i have the details here now. I havent found anywhere on the deeds and survivorship, just that the mortgage states that it goes to the survivor. back in 04 my dad moved out of the house he lived in with his wife. A couple of years later she became very ill, and they were still on talking terms, and were seeing each other a lot, just not living together. Last year she died, leaving a will handing her half of a property to her children. It appears that they are claiming she severed the joint tenancy 4 years ago, and have a letter providing for this, but without my dads signature, it only has hers on it. The case they quote is williams v hensman which explains the 3 ways to make a severance. I already know two of those are irrelevant, the only thing i can think of is that they think they were living as tenants in common, under which a severance could be made. The quoted case is williams v hensman, and i now need to find out if a severance can be made secretly witohut the other tenant knowing. I have a copy of the will that was sent with the letter, as her children froze my dad out of anything. I also have full access to the deeds, and the mortgage agreement.

Hmm from the little i have found, the deeds take precedent over the will if there is a survivor clause in it, which there is.

Yes, she left a will leaving half to her kids, but according to the deeds, the property goes to the surviving partner. An initial look tells me that the deeds take precedent, however some case law has been quoted in the letter, but i wont get to see what case it is until tommorow.

A while ago my stepmother died, adn her children never got on with my dad. They had a house together, in which the deeds state that the entire property goes to the surviving partner in the event of death. My dads solicitor at the time clearly stated that the property moves to my dad after having read the deeds. Unfortunately, it appears she left half of the property to her own children, and now we have a letter from their solicitors basically asking which estate agents are being used to sell the property so the kids can have their part of it. Does anyone know where we stand on this please, and what to write back? I do know its a tough task to challenge a will, is this the same with deeds to a property?

Think ill update on here now. You have a very lucky partner leemack, im glad it worked out for you I contacted a couple of those on the list above, and after some discussion, i have been told it would be pointless to get a diagnosis. I am still pulling my hair out! Basically they'r all telling me not to bother because theres nothing anyone can do about it. Clueless the lot of them i think. Going to think on another way round it.

There is an update on this here http://www.openrightsgroup.org/blog/

In the early months of 2010, Golden Eye (International) Ltd, a company connected with the Ben Dover porn brand, decided to chance their hand at obtaining settlements from alleged file-sharers in the UK. Although they successfully obtained the identities of alleged file-sharers through the court using the Tilly Bailey & Irvine (TBI) law firm, things quickly went wrong for GoldenEye. TBI pulled out due to bad publicity and the company was eventually fined late 2011 by the Solicitors Regulatory Authority for their mishandling of the cases. In September 2011, Golden Eye were back again, trying to extract money from Internet users via the previously untested route of the small claims court. But in December 2011 it all fell apart following proper scrutiny in the High Court. And now, in March 2012, unbelievably Golden Eye are back again with a third attempt. http://torrentfreak.com/pay-up-or-else-bittorrent-scheme-resurrected-in-uk-high-court-120309/ Posted this here for info, hopefully it wont take people by suprise like acs law. I download nothing, but always expect a letter lol

Good luck wannabe, hopefully be all over this time, in your favour of course Look forward to hearing the cryptic details hopefully

I would be looking in the area of discrimination, clearly she has asked for a disabled space, and been refused, I imagine her blue badge was on display also when receiving the tickets. This should tell whoever that it is a disabled persons car, and as long as it is not causing an obstruction, can be parked almost anywhere eg, double yellow lines ect.

Ok this one got sorted for now, tho i wont be comfortable until ive actually moved away. Turns out a year after i went onto meters, the gas one broke, and the didn't move the 70 quid balance over to the new meter, their own error. I called their complaints number monday morning, the guy acknowledged they cannot recover it, and says hes advised the team that put in the objection to remove it. I should hopefully be away on 29th

Its like talking to a brick wall with them, one is saying i owe them, another is saying i dont. Anyway, im getting my meter readings, and when i do get away, im going to bill them for lost savinbgs i think. I think theyr trying to add it, as i have never had any letters or anything to say i owe them since i had them put in.

thing is ive been on a card meter for so long, i went on them because i was in debt, and i clearly remember that i struggled with paying 5 quid a week off each one for several months to. Also on the phone 3 days ago, they claimed i didnt owe anything, and nothing at all shows on my meter as owing. Its gas only theyr claiming. Also it shouldnt matter at all wether i have card meters or not, they shouldnt be able to stop me moving.

Hi, ive been with british gas for years now, i never bothered changing. I have has a card meter for 4-5 years now to. I recently tried to change supplier for gas and electric, and british gas objected, claiming i owe them 70 pounds, without saying wether it was for gas or electric. I remember when i first had the meters fitted i did owe them some, but they added that top the meter at the time. Any idea how i can sort this out?

Ok will get onto that thanks

Hi guys, have been reading around a lot, but would just like to clarify. I am asking on behalf of a cousin of mine. this is a halifax personal loan loan amount is 4k insurance loan 856 original amount of credit is 4,856:98 I have the original paperwork and the ppi clearly has interest shown, as the total amount for the insurance loan is 1,258, as well as the loan being condintional on taking the ppi. If i have been reading right, My cousin has a claim here for the ppi for being charged interest on it, as well as having to take it out to even get a loan? I will add that the loan is being fully serviced and will continue to be, would just be handy if it could be reduced or wiped out, as, like many people, things are getting a tad difficult.

If i was to buy something at a second hand store, in exchange for goods and cash, and the item didnt work, if they dont have another of the same, would i be entitled to cash for the goods i gave in exchange for vouchers? Bearing in mind they stated that they couldnt give me the goods back because some had already been sold.

I had this happen to me just last year, i called my local office, and they were very helpful to be fair, no late fine, just got a new tax disc, and asked me to pay the missing 3 months i had accrued. While the dvla are very bad at some things, i found being honest and upfront, they are very good in this regard.