Thank you - So just read the first link and ...potentially: 1)"non-disclosure of material facts when the order was drafted' and 2) " supervening events" ?? I'm not sure the 2nd link is relevant -as this is not a divorce/ splitting of assets issue

I was duped! As a freeholder I agreed to a consent order: to grant a lease extension. Fortunately the c.o specified that the new be same as existing. When I tried to draft new lease I realised I couldn't - because the claimant had not served another party to the existing lease - another freeholder. I did mention this but they were insistent the freeholder had just disappeared off the title. They then drafted their own lease excluding the other freeholder - kicking them off a registered title. And have got super aggressive threatening to write to court to enforce their own lease. (I now understand they have ulterior motives) There is a lease clause specifically stating that the other freeholder's written consent is required on any assignment/ transfer/ sale. So I refused to collaborate. Especially as this other freeholder has been registered at Land Reg for 4y. Bottom line is they should have served them - they didn't. Which makes their Notice invalid. I located this other (overseas) freeholder. Took more than 2m. Their lawyer states the Notice was not served on them, is invalid, and the otherside must serve a new one. But I signed a c.o. Can I revoke it because of the above? How do I try?

Hello Own freehold of a property which has some underlying garages. Want to transfer the freehold title of one garage to someone. There is an apx 90y lease on this garage in someone else's name - and they use the garage. So the desired transfer is just the freehold title not for the use of the garage. The transfer will be a nominal sum (not agreed yet but just a few thousand) to someone who has never owned property before. The question I have is - will the transfer of the freehold into this person's name impact their future ability to get 1st time buyer stamp duty relief/ discount when they want to buy a property in which to live? Thanks for some input

Just to ask again - from the date of a court hearing how does one count days?? Is it working days? Or just normal counting days including weekends?

Can anyone advise on dates. If court gives a order for possession and gives 28 days before the next stage (letter before warrant I think) - how does one count the 28 days ?

(* posts 1-21 above of dx's amalgamation of threads are irrelevant) I had a BTL originally. I had always rented the whole property whenever I could (school hols) and otherwise had lodgers and resided in it with kids. I needed to re-finance to cover cost of a lease extension (adding 90y to a short lease). I had a tenant in-situ when the broker was appointed - the rent was very high and would have covered annual BTL mortgage costs within 3 months. The broker should have been able to get a BTL. Instead he got me a bridge loan - separated into 2 loans with 2 lenders under 1 parent institution. I should never have been put on a bridge - the sales market had already proved challenging whereas the rental market had always been successful. * I found out 2.5y later (mid 19) that the broker had breached FCA regs - did not follow correct protocol/ did no fact-find etc. I sent them a SAR immediately, they admitted their errors/ breaches. I did not follow up then because I could not quantify my loss. I assumed the property would sell within months and then I could re-write to the broker or to the FCA/ FOS and quantify my loss and get compensation. Fact is 4y have passed and the property still has not sold. So I'm now re-assessing if I can resurrect my complaints but actually go for full restitution? As in, get the property back and get a BTL loan now? Re the bridge loans: after 1y with the bridges the property still hadn't sold. The lenders had refused to let me rent it out so I wasn't able to even service the loans. Over that year the agents had only one offer but at a price which didn't cover the then inflated loans. Separately I found a private lender which would have enabled me to rent the property out (as I'd originally wanted). I offered the same value as the purchase price offer to the bridges lenders. The future rental income would have covered any shortfall. The bridges lender refused to accept my offer. They were convinced the property was worth more. They stated they would just let my loans increase - so they got more interest - and then would be able to sell at the price they thought it should achieve. (They later discovered they couldn't sell it either). End 17 (almost 6y ago) the bridges lenders (PoA) lawyer sent 2x LBA - one of which attributed the wrong value to one loan. He followed that up with a deed of assignment - also quoting the wrong value. He then also filled out 2 legal forms, both of which quoted the wrong value. This wrong value then got registered at Land Reg*. For example (not using real £s): one lender loan was 250k, other lender loan was 150k - total 400k The PoA lawyer registered 150k to the lender loan for 150k - total 300k now registered as one charge against the property. Not 400k. * I only just this week discovered the wrong £s were stated in the deed and registered at LR. I am now asking advice on if lender can retrospectively change the deed and what was registered at LR? Obviously the registered sum equals the lender's charge on the property. As it stands the charge was registered at a lower value - which meant/ means my loan/debt was lower. This would have impacted/ does impact my legal arguments... In 2018 I had offered some £s to the lender. That formed part of a consent order. My question about does the value of the registered charge equal the value of my loan/debt impacts this co. I am questioning now the validity of the co if the charge/ debt values were wrong? This is important now because a judge ruled in end 22 that this co had brought an end to the t&cs of the original loan(s) - and he capped my debt to the level it was in the 2018 co. The last 4y have been ultra complicated with all sorts of legal angles attempted by the lender, me and the freeholders. The property was repossessed start 19. The (now just one) lender spent 1y marketing. The lender tried to compulsory acquire the freehold but the property does not qualify - it can only ever be a lease. They then asked the freeholders to give the freehold to them for free. They never offered a decent price for the freehold. They failed to maintain the property, squatters got in, it became dilapidated. So the freeholders issued a schedule of dilapidations. The whole situation becomes complicated because I am a trustee for the freeholders (the freehold is held in a trust) and i have a fiduciary duty to protect the freehold interests separate from my own interests (in the lease). This has meant I have been juggling legal issues on both sides - which has been exhausting. 2019-20 one buyer had constantly offered to buy it. The lender eventually agreed to sell but then reneged/ failed to complete on the transaction. Later legal disclosure (probably sent to me by mistake) shows the chief exec of the lender wanted/wants the property for himself. Meanwhile behind the scenes in 20 the lender was trying to make me bankrupt. Eventually I got a lawyer to get their B petition thrown out, end 20/start 21. Their SD was invalid (not served correctly) - thankfully their attempts to get a back-door B via wrong addresses had back-fired. Their petition made no mention of the loan being secured against a property - so the petition was deemed in breach of the Insolvency Act. The lender's lawyer had argued the leasehold property could not be sold because the covenants of the lease were onerous, the lease was short (though it was >100y) and no buyer could make any alterations. However, simultaneously to the lawyer's statement, the lender sent a team of builders in to sledgehammer the property. Seriously mad. And totally in breach of the lease and thus preventing anyone being able to buy the property. The freeholders had to serve notice for breach of covenants/ forfeiture of lease. However, the lender continued to do major works (took >1y). They spent like £1m (+ legal costs) which they have tried to add to my loan/ debt. They finished, spent 2 months trying to sell at an inflated price but still no-one wanted to buy just the lease (+ not whilst legal action threatened forfeiture). They removed it from the sales market for another year. Throughout they continue to add interest to my loan - even whilst deliberately preventing a sale. The lender knows they/a buyer can't have the freehold unless they pay a decent sum for it. Perversely if they'd offered a decent sum 4y ago the property could have been sold. Instead they've wasted so much money. Bizarrely the lender now wants to extend the lease. Even though every single potential buyer has said they will only buy the property with the freehold. The freeholders don't, in principle, have any issue with selling an extension. But - the costs of any extension would again be added to my loan/debt... which after >4y is a further ridiculous waste of (my) money on a >100y lease... The lawyer appointed and paid for by a friend should have been able to negotiate a settlement 2y ago - simultaneous to the B petition being struck out start 21. He was negligent. He totally missed points of law because he failed to read and act upon legal papers sent to him. (he admitted he hadn't read them). But this only came to light end 22, via a legal clinic's intervention. He took (friend's) money (and whatever I had left) and yet totally ruined the negotiations. * I have made a formal complaint, had some £s returned, and the firm is aware I am bringing a negligence claim against them a) for return of all fees paid in last 2y, b) for compensation, c) for loss. As a separate issue I discovered the lawyer is very good friends with someone the lender appointed to manage the property. His negligence could have been on purpose/ due to this conflict of interest? This has dragged on for >4y. I can't work because it's a full-time job (+ I'd lose pro-bono help and fee waivers). I am fighting the injustice of it all. I'm trying to either get some equity out of the property or full restitution and the property returned (with a BTL loan going forward). I am looking at every possible way to achieve some kind of positive result. The above is just the bare bones of what I've gone through.

Dx -I am not sure what you are trying to say and achieve with your comments? You have historically been quite helpful and I have been appreciative. But right now you seem to have got out the wrong side of bed and seem to be quite spiteful with your comments? The whole point about separating issues is precisely because I have had to deal with issues separately. Otherwise they overwhelm me. The people I am dealing with are just beyond awful awful people. Does it matter if I don't name them? I have been fighting them - with whatever they throw at me - for years - mostly alone. Although along the way, I've discovered that some professionals, supposed to help, were self-serving so I end up also having to figure out if I can challenge what they did or didn't do. All you have done this morning is make me cry and unbelievably upset. Just stop. People don't come on this forum to be attacked and criticised for trying to fight legal issues. Innocuous comments can push people over the edge.

Lender A that assigned their loan to lender B have the same parent company. They didn't 'wipe their hands - it just became easier for them to make a legal claim if the 2 loans were one. My question is not so much about 'typo" - the lawyer wrote a lower £ figure on the deed of assignment. And the lower figure was then recorded on the Land Reg legal docs. Which meant the registered charge is a lower figure. So my question is - if that figure is registered as the charge can they retrospectively change the deed and the LR docs? The reason I ask - is because maybe they sold the loan/debt at a lower price, as lenders sometimes do. (It is the same lender I have had on-going issues with for years. I dm-ed you who it was a long time ago. I just didn't want to disclose on a public forum)

It's not about the name. They assigned a loan at the wrong price

Just as an update. I chose to ignore the penalties. Instead I sent cheques for the original fees and wrote accompanying letter on why I was refusing to pay the penalty charges. Quite surprisingly I got a letter in the post saying they'd decided the mistakes weren't mine and they returned the cheques. That was an unexpected reply!

Thanks Ethel. Noted. I will get a patch job done. And then assess next steps

I have a query about an incorrect LBA, Deed of Assignment and registered charge on property. I just discovered the errors. Had 2 loans by 2 different lenders - A & B - secured against 1 property. Both lenders under same 'parent' institution. Repayment due date missed. Lenders emailed had to repay that day or loans would be in default. The next day a lawyer (with PoA) sent out 2x LBA. So just 1 day after default they'd started the legal process. 3 working days after date of LBA their lawyer issued a deed of assignment - assigning A's loan to B. Simultaneously they applied to Land Registry to transfer A's charged loan to B - using AP1 and TR4 forms. They were consolidating the 2 loans to make it easier for them to make one claim on the property. The thing is that their (PoA) lawyer made mistakes: - One of the LBA was incorrect (wrong assignor/ wrong £s) - The deed of assignment stated the wrong £ value. It stated the £ value of loan B (instead of the £ value of loan A) was being assigned from A to B. - The AP1 and TR4 forms filed and registered at LR repeated the same wrong £ value. The consequences of their lawyers mistakes meant the consolidated £ total of A and B loan was registered wrong. Their lawyer had assigned and registered a much lower £ sum. Clearly the mistakes are in my favour. No lawyer has ever vocalized these mistakes. And 5y, almost 6y, have passed with the wrong amount on the deed and registered at LR. Just as starter questions: Could the assignment be invalid due to the mistakes? Could their lawyer apply retrospectively to LR to amend the value of the registered charge? Or must the incorrect deed and LR docs have to remain incorrect - as they are all signed legal docs? At 6y would any errors be statute barred from their lawyer amending? I'm just trying to assess if other legal action their lawyer took against me can be considered invalid due to these errors...

Thanks Ethel for your thought. The son took photos when the neighbours had scaffolding up. When the hole "happened". They had builders doing roof work. I understand the builders placed something (heavy bucket?) on friends roof. Friend was away so no-one other than the neighbours builders could have caused the damage. They just refused to mend and took the scaffold down. I think friend may be eligible for court fee waiver? I will check the requirements. I hear what you are saying about further damage being caused which will now cost more. Friend was away and son didn't do any further damage preventative repair. But son and friend constantly told neighbour to fix it - and they refused. Yes someone should have done the repair. If I had been involved earlier I would have organized a patch job. I now understand the son did put tarpaulin over the hole. - but it wasnt/ isn't good enough. I think I may get a roofer to patch it up now - whilst friend and neighbour communicate properly to come to a resolution outside of the courts.

I hear you about being stupid! He is an oap and frail though - which is why I try help. Yes the son took photos. He has sent me some. For clarity - the damage is man-made. There are only the 2 cottages in the vicinity. When the damage was caused the neighbours had scaffolding erected and builders on their own roof. There was no hole in friend's roof - and suddenly there was. They are semi-detached. Thank you for helping and advising about ensuring he has irrefutable evidence. I will push the son to send me everything

Thanks Ethel There is absolute evidence the builders working on next door's roof caused the damage. The neighbours knew it at the time and still know it now. The son repeatedly asked the neighbours to remedy the damage to mitigate the damage and they repeatedly refused. They knew the owner was overseas and cottage empty and the owner unable to remedy himself. The neighbours just did not want to spend money on fixing his damage. The son didn't do any work because it is not his house. This doesn't make sense to me but that's family dysfunction for you! I went and saw the damage and have been trying ever since to get the son to get a roofer to mend the hole. It seems that they have all been arguing over who will pay rather mitigating the damage. The damage was done before covid lockdown. Not time-barred yet. Friend doesn't have building insurance. Neighbours either won't put it through their insurance or don't have insurance either.

Thanks. I've read that. They say I'm no longer eligible - because Im not disabled and kids above 16. If one gets working tax credit one has to also have a disability to get exemption or kids in education. I didn't even think about checking eligibility status as my circumstances are worse than ever. But looking at their criteria I am not eligible. The fact remains though that I cannot pay a penalty charge. I've told them this. And told them I can't cope. And they just ignore it and say pay by x date or we will take further action. Further action will obviously make the financial situation worse. So - what do I do/ write? On a separate thread last year someone said they have no power to enforce penalty charges - and the person just paid the original £9 fee and ignored the demands to pay the pcn? Does that still work? Going forward I don't know what to do. The GP has prescribed meds - but I can't afford them. Nor can I afford to even go to the dentist for checks. I feel like I've fallen down a rabbit hole.

Thanks HB. I find this a positive distraction from my own stuff. I help him where I can because his children don't. He was a neighbour of mine, lost his wife, got sick and frail. I do at least talk to one son (never met). Perhaps, now I have quotes I could get him to call the neighbour and give the guy his options: put through his insurance or we'll make small claim?

Thinking out loud though - surely if the neighbour caused the damage he should put it through his insurance? But he refuses

I asked son about the cottage insurance. Reading between the lines I believe son stopped paying it on behalf of his dad

I don't actually know how long. It does beg the question why the son has not sorted out a temporary repair before? But he does refuse to pay or do anything on behalf of his father. And although I understand he has complained to the neighbour, he has taken no action. I was told about it. So I just did what the son could have done - and remotely sourced some roofers online and got them to go to the site and give quotes. I sense a bit of dysfunctional family issues. And I also sense the son would quite like to get the cottage cheap off his father... so no repairs = damage = cheaper cottage??? However, I like to take care of friend who is frail. And now I've seen the damage and got the quotes I'd quite like to help him take action against the neighbour. Is this possible?

Am helping out my friend. Friend is overseas and the roof of his cottage has been damaged by his neighbour. The damage is clearly not naturally-made. And not made by my friend as the cottage has been empty. He has a grade 2 listed cottage. The adjoining cottage is not listed. The neighbours of the adjoining cottage undertook building works to their own cottage and roof without notifying my friend - which I believe they should have done due to his cottage being listed? Somehow the builders made a hole in friend's cottage roof. The neighbours have refused to acknowledge the damage or to pay for it. Friend's son has repeatedly asked them to fix and pay for the damage. They just refuse. The son has done no temporary repairs and has not taken any legal action, on behalf of his father, against the neighbours. There has basically been a stalemate for years. This means the cottage has had a hole in the roof for ages. Wind, rain, snow has now damaged the internal rafters. Personally I find this silly - which is why I have got involved. I went and spoke to the neighbours several months ago. I asked them if they could sort the roof repairs via their insurance. The guy just laughed and said its not his roof and he's not paying to repair it... So clearly he needs some pressure put on him. The neighbour applied for planning permission to build an extension and are currently in the midst of further building works - so clearly they do have some money. Can friend write a Letter before Action as a precursor for making a MoneyClaim via small claims court? I have got some quotes from local roofers. They all did a site visit. All have quoted apx £8-9k to do a full repair. One firm can do a temp patch up job almost immediately and the full repair in a few months. Can friend write a LBA stating the cost of both the temp and full jobs - and stating the neighbour needs to cover the costs or he will make a small claim? Is the small claims court suitable for something like this? Friend does not have the funds to pay for this himself. He's an oap.

Anyone have any insight on how best to communicate with BSA? Old threads suggest paying the original fee and ignoring the pcn. Does that still work?

What would taking someone to court achieve? No assets to grab. No savings. No income. The only govt benefit sum is not even enough for food. In my case - i thought I was still eligible.

I have been sent some NHS PCNs. A £9 prescription charge has become more than £100. A £25 charge dental charge has become £250. I have written to complain. They state I need to pay. I can"t. Historically I have always had Nhs exemptions. NHS BSA wrote to me originally to advise Hmrc had informed them I was eligible. I had received child tax credits and child benefit and working tax credits. I was sent a credit card-like exemption certificate which I kept in my wallet. Then the Nhs replaced that with a paper certificate. This ripped and tore and got lost. And I forgot about it. My personal and working life has been tumultuous in recent years and with covid lockdowns this Nhs certificate was not in my mind at all. My financial circumstances are worse than they have ever been. I have been involved in drawn out litigation which has taken up almost every waking hour - for 4 years. I had no reason to consider I was no longer eligible. One consolation - I have been working on a project for a friend. The finished product will be sold and I will get paid a small % of the sale proceeds upon completion. But until this happens I am working unpaid. I have just finished the project and am waiting on final sign-off. With luck I will receive some remuneration end summer. Because I have always been self-employed and am working all hours - even if currently unpaid - I still claim and am in receipt of WTC. It is tiny - under £250/month. But I have no overheads (am living free at a friend's place - i.e. no bills or c tax). I have not wanted to switch to UC - even though this would give me more £s/m - and I am eligible. I just do not want to get into battles with the Govt about 'being available for work'. I understand from colleagues that one has to fill out an online journal and regularly speak to the job centre. I also understand the Govt stops uc £s if one doesn't accept the paid work they tell you to do. I don't want to lose the £s I currently get via WTC. And I don't want to spend valuable time arguing with the job centre about availability for jobs. My legal battles are so time consuming and demanding - but I doubt the job centre would understand or accept that. However - any one of the legal battles I am embroiled in could result in full restitution and/or a large settlement - which will make this horrible period worthwhile. I live in hope. Until that happens I live incredibly frugally. Does anyone have any experience of the job centre accepting such circumstances as inability to work? The trouble is that BSA is saying I am no longer eligible for exemption. My kids are over 16 and I've lost child benefit and child tax credit. My kids are students with their own student loans and maintenance grants. But they still turn to me as a parent to provide food when they return to the place where I stay (rightly or wrongly). (They also aren't eligible for uc because they are students). BSA have written to say WTC alone doesn't make me eligible for nhs exemption. I can't afford to pay - I am worse off than when they said I was eligible. I have also been diagnosed with a health condition which requires meds. On this basis I can't afford to take the meds. Which the GP advises is jeopardizing my health/ longevity. But this condition is not on the list of conditions the Nhs BSA consider for exemption. Do I just ignore the BSA? Or will they continue to write and try take me to court? So far they have ignored my letters and said I must pay the constantly increasing penalty charges...

Any thoughts?