Thanks SuperVillain - Decree nisi but not absolute. M refused mediation when requested by L. You're correct in your analysis - M is trying to keep house C as an asset for himself by denying L has a beneficial interest, and completely ignoring that it was their matrimonial home for almost 20 years, regardless of how it was funded. I will take a look at White v White. Thanks Pattman

Yes, L needs funds to find new accommodation. There are no dependant children living in the house. Basically, as she contributed 40% towards the purchase price of house 3, and was married to M for 20 years she feels that the equity in house 3 should be split 50/50 on sale. M is claiming she kept the proceeds from house 1 and contributed nothing to the purchase of house 3. L can't prove this as the conveyancing was done by M's solicitor. L is trying to obtain backdated bank statements to prove that she never received funds/proceeds from sale of house 1, but her bank have said that they can only go back 6 years. The bank did however say that regarding the endowment mortgage, they may have records of that, but as this was done in M's name, he would have to apply for those documents which he will not do - would it be possible to get a court order to force disclosure of this information? Thanks Pattmann

I'm trying to help somebody with a dispute over claimed beneficial interest in a property. The lady doesn't have a computer or the funds to seek legal advice, and as I've read (and had) so much excellent advice from the people on this forum, wanted to ask for any views/help. Thanks in advance and apologies for the long post. The situation is: The lady (L) was living in a housing association property (1) with young children following a divorce. She lived there for roughly 5 years and then met a man (M) and they became partners. M had his own small house with no mortgage (2). L was informed by the housing association that she could purchase her property under the right to buy scheme, with what she recalls as a 50% discount from market value. After a year or so, L + M decided to live together. Whilst visiting friends and explaining their plans, their friends told them that a nice house (3) in their street was soon to go up for sale. L + M viewed the house and after discussing price with the owner, decided that they would like to buy it - the plan being that they could jointly finance it with the 50% profit of house 1 and the sale of house 2. L wasn't in a financial position to purchase her house (1) under the right to buy scheme and not able to get a mortgage. The value of M's house (2) was about 40% short of the asking price of the new house (3). L+ M went to a financial advisor who advised that they take out an endowment mortgage as a temporary measure (to secure house 3) until both house 1 and 2 had been bought and sold. As L was ineligible for a mortgage, M took out the mortgage in his sole name, and arranged all of the conveyancing through his solicitor. M was able to raise the funds to allow L to buy house 1 under the right to buy scheme, which she then did (although M arranged all the conveyancing through his own solicitor). The Land Registry title states that L was the sole legal owner of house 1. House 1 was then sold for a 50% profit. House 2 was then also sold. The endowment mortgage was then paid off with the joint proceeds from house 1 and 2 and they moved in together to house 3 (mortgage free). The Land Registry title states that only M as the legal owner of house 3, I guess because the endowment mortgage used to buy house 3 was in his name. L + M married the following year. They remained happily married for almost 20 years,and in a relationship for almost 30 years in total, but are sadly now divorcing. House 3 has increased in value by 400% since they bought it. M wants to sell house 3 and move away to another city. L does not want to stay in house 3 for strong personal reasons. M is claiming that he is the sole legal owner of house 3, that L made no contribution to it's purchase and therefore has no beneficial interest in the house. M is stating that L kept the 50% profit from house 1. M refuses to disclose the solicitors used to purchase house 3. M also refuses to disclose bank statements showing the different transactions, and says that as it was 20 years ago, the statements and conveyancing files are not available. On the information given above, any advice that I could pass on to L to help her with this dispute would be greatly appreciated. Kind regards Pattman

Thanks Ganymede - does that mean that theoretically it's stayed indefinitely, and at any time in the future the claim be be pulled and resumed if a relevant document has been produced? Thanks Pattman

Great advice as always Andy - it was defaulted in May 2009 so I'll advise my friend to try and let the bear sleep for another 21 months, where, as I've understood, it will then become statute barred. Really grateful for your help ( and everybody else who gave advice), regards Pattman.

Thanks Andy - sorry to be so dense, but as the case is stayed as you say, can the claimant re-start the claim if they found a document that has been requested? I understand (and agree) that as he defaulted on the original credit agreement, that the default should stay on CRA's records for the normal 6 years. Is there a way to get the claim struck off by the court now that claimant haven't produced documents on time as requested? Thanks Pattman

I wanted to update the thread as I have been away for several months, and my friend decided to wait on the letter he received. He recieved a 2nd letter from HL Legal on 7/2/2013: Dear Sir Sigma SPV1 Limited - v - Yourself Claim No: xxxxxxxx We refer to the above matter. Please find enclosed copies of the following: 1. Letter from HSBC to you dated 10 January 2012 2. Letter from Sigma Red Limited to you dated 10 January 2012 3. Letter from Sigma Red Limited to you dated 23 January 2012 Please note that as the overdraft relates to a Current Account, an Agreement would not be applicable. We are currently awaiting further documentation from our Client and shall forward this to you in due course. Yours faithfully HL Solicitors My friend is adamant that there wasn't a letter from HSBC enclosed in the envelope as stated in the letter, and there has been no contact from HL Legal since that letter. My friend checked his credit report with CallCredit (Noddle), and it shows a default of over £11,3xx, and the default date xx/05/2009 - the lender is shown as Sigma Red. As HL Legal haven't produced the requested documents, is it possible to write to the court to close the claim and have the default removed from the credit file? Thanks

Thanks citizenB, more great advice and will do that too...now just need to find the 'donate' button for this site, thanks.

Thank you The Mould. That's good advice and will get that emailed or faxed to the Court Manager on Monday. Just a side note, I have all the login details (MCOL no., Gov. Gateway ID no., postcode, email, claim no. & password on claim form and can't login..keet getting the same message: We are unable to find this user. Please contact the help desk. I saved all login details when registering (incl. Gateway User ID as pdf) so that's frustrating - is there a separate email address/fax no. that I can send the letter to? My friend intends to defend the claim on the grounds that the account in question (including overdraft) was closed in May 2009, and was told the any outstanding amount had been written off. He was also told the same when at the bank some weeks ago to query account and get printed statement of history/timeline of account - that any debt had been written off (although has nothing in writing from HBSC confirming that).

Thanks - I'm reading HSBC/Sigma threads atm (also re. defence), but as today is the deadline am really at a loss what to advise my friend to do. Will the fact that they have agreed to an extension of 14 days from friends receipt of requested documents buy time re. defence, or is that just tactics..sending out a letter to arrive one day before defence deadline in the hope that one isn't submitted and strengthening their claim? I appreciate you replies/help thanks, and the fact that it's a weekend and many people are not online. pattman

I've just met my friend - this is the content of the letter: Dear Sir Sigma SPV1 Limited - v - Yourself Claim No: xxxxxxxx We refer to the above matter and acknowledge receipt of your CPR 31.14 Request dated 11 December 2012. We are currently in the process of obtaining copies of the documents you have requested from our Client and hope to be in a position to provide these to you shortly. On this basis we are agreeable to an extension of time for the filing of your Defence to 14 days after receipt of these documents. Yours faithfully HL Solicitors Any help as to whether he should submit his defence today (deadline is 29.12.2012), and if so, with the information given, how it should be worded would be great.

Thankyou Ford - my friend only received the letter today (returned home at 4pm to find letter) and I haven't seen it yet, but when reading the content of the letter to me, there was no mention of a definite extension date, just 14 days. My worry is due to the holidays, and tomorrow being Saturday that there is nobody at the Northampton CC to contact anyway. I called the court earlier today, before I knew that my friend had recieved the letter from HL&L, but it was all automated and having followed the choices, was just told to read what's on the website and then was cut off..but on the website there is no mention of delays through bank holidays etc. I'm meeting my friend tomorrow morning to discuss what to do, and am grateful of any more help on what todo tomorrow re. the deadline. Thanks pattman.

Just to update the thread and hope that somebody can advise on the best way forward now - my friend received a letter from HL & Legal today (28.12.12), dated 24 December, acknowledging receipt of the letter and asking/agreeing for an extra 14 days to produce the requested documentation. The deadline for the defence is tomorrow, and am unsure what to advise now, either: 1. Enter defense online and highlight the fact that HL&L didn't respond with the required 7 days. 2. Enter defense online and explain that HL&L have responded and are asking for 14 day extension (must they also contact the court to update them on claim?) 3. Wait to hear from HL & L, but therefore miss the defence deadline (I don't know the implications of missing the deadline). Thanks for any advice, Pattman.

Thanks again Andy for the template letter - I ammended the letter to suit and sent it on Tuesday 11 December by Royal Mail Sp. Delivery, and was delivered the next day before 1pm. Seven days have now passed and my friend confirms that there has been no response from HL Legal & Collections and am now unsure what to do next. My friend extended the time by 14 days, but with the Christmas holidays coming is unsure of the deadline. Any advice from forum members on the best way forward now that HL Legal & Collections haven't responded would be really appreciated. Thanks Pattman

Thanks very much Andy, that's a big help and much appreciated. I'm seeing my friend tomorrow and will keep the thread updated with what happens, as well as maybe asking for more advice as the deadline gets closer. Pattman