Im in Scotland. I have sold my house, the sale date is Fri 29th Apr. I asked my solicitor how soon i will get my money. They told me 5 working days. The money needs to clear blah blah, I can get it in 3 working days if the other solicitor agrees to use a different type of payment, which of course involves a fee. Does this sound normal. I desperately need this money to go and find myself accommodation. Im shocked why it takes so long. Can you guys advise please.

Hi Group, Below I am describing events on how I ended up buying a faulty used car from a private seller (claimed in the Ad), Buying Stage: 1. I have bought a used car (80k miles) posted on autotrader as private sale for 3200 GBP in October 2015. This is my first car in UK. Advert description on autotrader said the car is in excellent condition and described vehicle features in general. 2. I went too the seller location and tested it. It was driving a bit slow pick up and jerking on reverse but otherwise car interiors and external view looked good and well maintained. 3. Seller said it is semi-automatic and it drives differently and the drive feeling is normal in this type. I have never driven semi-automatic earlier so I felt he may be right and trusted him (big mistake). 4. Seller also told me that he is actually a dealer and doing it for part exchange. He does not have an office as it requires an office space and some 100 cars to be dealt with. ( Again I made mistake of not asking on why he is selling this car as private) 5. I did my research on the vehicle history and even got HPI clear check. Everything was good. Seller mentioned that car is in very good condition and no need for any further inspection as he has done the inspection himself. He did mention that I need to replace tyres and I did ask him about warranty and he said no. 6. I bought the vehicle and received a sale receipt and transferred amount via bank online. First week: 1. I wanted to still get the vehicle verified by Toyota and booked for vehicle safety and visual check. They told me to replace the brakes and break pads immediately. I knew something like this might pop up but was ready for such things as I did not get it inspected by garage prior to buying. I got them replaced and couple of tyres as well. 2. When driving back home vehicle started displaying 'N' symbol on dashboard while the gear was in drive position. I got confused and thought I must have done something wrong. I switched off and restarted the vehicle and then it was normal drive. ( Very big mistake of not reporting back to garage). I just sent SMS info to the seller that I have replaced breakes and tyres. He did not respond to that though. I did not wanted to bother him too much either. Nov to end of Dec 2015: 1. Vehicle was driving ok and I kept reading reviews on my vehicle model online and found so many issues around the 'N' flashing and other issues. Started feeling bad about my transaction. 2. During Christmas holidays took my family out to visit a family friend. After driving 20 miles on M25, vehicle started 'N' flashing again in the middle of lane ( quite scary one with everyone inside car). Somehow after 5 mins I was able to get the vehicle moving and in that confusion still went ahead and after a mile N flashing came back. Vehicle did not move for 15 to 20 minutes on M25. 3. Got the vehicle towed back home without taking any further risk. Towed it again to Toyota next day. 4. Toyota confirmed me to replace clutch and actuator at 2029 GBP. I had no words. They cleared the error in car log and said I can still drive it but cannot guarantee anything. 5. Tried calling the seller. His number is no more in use. Felt cheated. 6. Somehow I got to know from Toyota that same error was seen in an inspection in Sep 15 before I bought it. I got it in writing from them in my diagnosis report. Jan 2016 to Till now: 1. Reached out to citizenadvice. They recommended to send letter to seller. Found his address by googling which is different from what he put in the sale invoice (different flat number only). 2. I sent 4 letters over Jan month and seller did not respond. I then created money claims request with small claims court saying he did not inform me about the fault with transmission. I claimed for 2029GBP plus the breaks expenses as it is also a critical component. 3. Seller defended it saying that he also not versed with semi-automatic and in his inspection some error was found by Garage and it was cleared and then vehicle is driving normal and he does not know any N flashing issue. He claimed garage told him that the issue could be anything and they need to take the vehicle to investigate further. 3. He also mentioned that I have driven almost 2 months and now I am reporting this issue. When I tested it no such issue was seen. He said it is a private sale and sold as seen. I am looking for some clarifications on below, 1. Sellers name is not in the V5C document. Which means he is not the owner and was trying to sell it for some reason. If he is not the owner then can he claim to be a private seller? Is he right in any of the sale aspect? 2. He claimed that he did found some error code in his inspection but did not tell me about it. Doesn't it amount to incorrect vehicle description to me? 3. Unless the error code gets registered in the log no inspection can find the actual problem. So even if I had done inspection I would not have come across the problem. I am I still at fault of not inspecting? 4. Do I stand any chance of winning the case? Appreciate your advices. Thanks Dragon76

Could anyone please give me some advice on the process for an Order for Sale on a property. I have today just had the hearing regarding the interim charging order I had against a debtors property and thankfully the judge has made the order 'final'. As the debtor never attended court or replied to the order I have no option other then to pursue the Order for Sale and would like to know how I go about that, what's involved and what action/steps I need to now take. thanks in advance for any help or advice given

A month ago, a regular contributor to this forum (Dodgeball) started a thread on here about the ‘sale stage fee’ of £100 and when it should be charged by bailiffs. The regulations were completely overhauled in April 2014 and there is (and will continue to be) a great deal of differing of opinion about the wording and application of the regulations and will no doubt not be properly resolved until a court makes a judgment. Unfortunately, Dodgeball’s thread was once again the focus of unwarranted attention elsewhere and with this in mind, the thread ended up running to seven pages. http://www.consumeractiongroup.co.uk/forum/showthread.php?453200-Removal-for-sale-fee-when-can-it-be-charged I am reliably informed that because of the importance of this subject, Dodgeball approached the countries expert on bailiff law; John Kruse for his professional opinion. John considered that the question was important enough to be quoted is his regular Bulletin (that is available to the advice sector for free or available by subscription to the public). Given the popularity of this forum, it is frequently viewed by members of the the enforcement industry. Those individuals are unlikely to read a copy of John Kruse's Bulletin. Hopefully by providing a copy of his opinion on the charging of this fee it may prove useful to them. A copy of Dodgeball's question is below: I am currently engaged in an interesting debate about sale fees and when they are applicable- in particular if a bailiff can charge the sale stage fee whilst on an enforcement visit. Many, particularly HCEOs, are under the impression they can. My position is that they cannot. My arguments are these: Sch.12 para.13 TCE Act 2007- this section outlines the ways that goods can be taken under control; it says that one of the methods listed must be used. Since only controlled goods can be sold then presumably only one of these can be used and must be used prior to removal for sale. It must be noticed that none of the options relate to the sale of goods, in fact they all indicate that another attendance must be made, to removed the previously secured goods or to inquire about the failure of a controlled goods agreement. The mention of removing goods in para.13 is, as you say in Bulletin 27, for purpose of storage rather than sale, so a subsequent attendance must be made there also. The Taking Control of Goods (Fees) Regulations state that “the sale or disposal stage ... comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale etc.” The attendance at enforcement cannot in my opinion be for the purpose of transporting goods to the place of sale, because no goods have been seized at this point. There is also the matter of arrangement for sale as you mentioned in Bulletin 29. I do not believe that merely ringing for a van can fill these criteria as I believe the MoJ has suggested. Thirdly I think that the procedure was intended to be in three stages, so allowing the EA to circumvent the last stage by switching from enforcement to sale whilst in the enforcement stage is not what was intended. I would appreciate your thoughts.

A week or so ago a regular contributor on here (Dodgeball) started a discussion thread on the subject of when a bailiff should legally be able to charge a 'Sale Fee' of £110. The importance of this subject prompted me to approach CIVEA (The Civil Enforcement Agency) and yesterday they provided me with a copy of their official Guidance Note on the subject. A copy of this should be featuring on their website this weekend. Dodgeball's important and interesting thread on this subject has run to 5 pages and with 100 replies, I thought that this Guidance would get better publicity if it was posted on a separate thread. The original discussion thread can be found under the following link: http://www.consumeractiongroup.co.uk/forum/showthread.php?453200-Removal-for-sale-fee-when-can-it-be-charged

Good morning, I have found that my wife has taken two loans out with Car Cashpoint, one in 2012 and the second last year 2014. I have checked the agreements and Bill of sales and they appear all correct and registered. I have seen on here that the issuing of 2 bill of sales is legally not correct and maybe fraudulent. Can I ask why please? They did not clear the first account with the second loan just gave a top up.

Some confusion about this It seems, so I thought I would just post a quick guide. The three stages of enforcment for none HCEO debts are outlined in the taking control of goods regulations. The compliance fee stage is due on the receipt of the warrant by the EA or on the date of the NOE depending on the type of debt The enforcement stage fee is due on attendance of the EA at the debtors "relevant premises" The sale fee is due as per section 5 of the regulations: “the sale or disposal stage, which comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale, or from commencing preparation for sale if the sale is to be held on the premises, until the completion of the sale or disposal (including application of the proceeds and provision of the information required by regulation 14).” John Kruse explains the situation here as follows "As fees run from the “first attendance at the property for the purpose of transporting goods to the place of sale” various predicating factors seem to be indicated. Of course, there must have been previous levy by which goods were secured on the premises: only ‘controlled goods’ can be sold" This is clear from the legislation and means that whilst goods can be removed at first attendance(for storage) they cannot trigger a sale fee, as the action would still be at the enforcment stage. The sale fee can only be applied to goods which have been previously taken under control

Afternoon, I purchased a car on a lease to buy from a company based in Scotland, I have never missed a payment until now the very last payment, The arrange was 30 monthly payments to which 29 have been repaid. The last payment and admin fee are over due by 3 weeks and they are calling myself and my mum & dad, sister. I have explained in writing the full balance will be repaid on 28 August. However they said they will visit my home address to discuss the matter, on another point as they have the spare key can they remove the car ? As I have repaid fully apart the last payment. Car Value £3k Outstanding £456.67 Can they remove the car ? or would have to get a court order ?

I sold a motorbike on Ebay yesterday, the buyer messaged me and asked for the Reg Number and Chassis Number which is fair enough as he wanted to do a HPI check before arranging collection. He messaged me earlier to say thanks for those details and the search has requested the following: V5 registration document serial no and V5 registration document issue date. I wanted to check that he actually needs this information and why that information is requested before giving it out to him. Just making sure it's genuine info that's required as when I've done them in the past I've only needed the Reg Number. Thank you.

I have a 5 month old iPhone 5S that has gone to Apple for repair - the likelihood is that a replacement will be sent to me as the phone was emitting smoke during its last charge. I understand that if a new item develops a fault within the first 6 months then the fault could be deemed to have been present at point of purchase. Does the Sale of Goods Act provide for a 'Brand New' product in replacement, or will I have to accept one of their refurbished units? Thanks

Good Evening, I have received some great advice here that has led to me successfully suspending a repossession hearing nearly being out of arrears (3 months to go) with my mortgage, council tax arrears and other debts which I am very proud of, however, I need some further help. I had a charging order placed on my property back in 2012 from Anglian water, the original debt was £2095 but has since risen to approx. £5000 I am told. I was contacted in April 2015 by Solicitors acting on behalf of Anglian Water stating that they are going to apply for a order of sale hearing as I was unable or unwilling to pay this debt. Now this is my fault as I haven't heard from anyone regarding this since the charging order was put into place, I had assumed that the charging order would stay on until I sold my property and I know this was a mistake. I have been communicating with the Solicitors since April and have provided my income and expenditure sheet numerous times, provided a breakdown of all monies owed on the property which demonstrates that they property is in negative equity. If the house was sold I think I would cover my first mortgage but the secured loan (5 years to go) a second charging order and this charging order wouldn't be paid. I know this as valuation was done on the property for the suspension of the repossession hearing. I have advised them of this. After many emails since April to the solicitor asking for account number and sort code to start paying my offer at £37 a month until my other court ordered debts are paid they finally provided details and I have made the payment. However, the solicitors say they will not consider my offer until I have completed a form. This forms asks for details such as, - all bank account sort codes and numbers including money amounts it in, (they have no money in them other than for bills, but I don't have an overdraft:smile:) - itemised list of all my possessions within the property (such as sofa, dining table, fridges, mobile phones, fridge etc) - my employment details and contact numbers, - my national insurance number, - the names and dates of birth of my children. I have asked them what they will do with this information and they send a standard response of "our client will not consider your offer until you complete the form, please take legal advice". In fact in the last email the solicitor 'told me off' for sending so many emails, that I shouldn't address her by name and I was using delaying tactics. I promise I am not, I have sent correspondence to them as soon as I received this letter in April. I just wish they would go one way or another. I have currently declined to give them this information, my income and expenditure information was very detailed and the same which I provided to the courts, I have provided a very detailed breakdown of monies owed on the property also and made the first payment now I have the payment details and reference number. The reason I have declined is because at the height of putting my head in the sand, one company I owed money to took money straight from my bank account by order of the court. I am now told that was unusual but it happened and I live on a tight enough budget (which has been working and I am reducing my debts) without this happening. I don't want to miss a payment to anyone. Also I am worried by itemising my possessions this would allow bailiffs to come into my property and my 13 year old is often here alone. I have advised the solicitors of my concerns about providing this information and I haven't received a response other than "your questions are delaying tactics please provide the information requested" My situation is I am a single parent, to two children 13 and 10 (which I have advised the solicitors), both my ex partner and myself are liable for the mortgage but my ex partner is only listed as having a interest in the property due to how it was set up with the right to buy. I think my question is how likely is the company to gain an order for sale, I haven't received any paperwork yet other than emails saying 'my client is continuing the action' although I am expecting this very soon as they set a deadline for this form last Friday. I have worked so hard to reduce my debts especially my mortgage which hopefully proves I now have a good track record for sticking to all my agreements. This is my childrens home and has been for 13 years, their school is nearby and childminder as well as my work and they wouldn't gain anything from selling the property? After a long winded post, any advice as always would be appreciated.

Hi Guys, Hope someone can help me with this one. CAB were not much use. I purchased a used Heat Press from a guy in Scotland (i am in England). I asked the questions i needed answering , does the thing do what it's supposed to do. He emailed saying yes it was in perfect worker order. I bought it, it arrived next day, plugged it in and......no heat. I informed the guy straight away and he said he would sort it. I said a repair (at his cost) was exceptable or a refund. He then contacted the manufacturer and emailed a mail saying it was "all sorted" with the company to send it to them and he would cover the cost. Luckily, i didn't send it. I emailed the company and asked what the guy had "sorted" with them and they said just the £25 shipping charge to collect from me and drop to them ! I emailed the guy back and said this wasn't exceptable to me and could i have a refund or repair. No, he decided to claim off the courier despite not having purchased additional insurance. They said no and offered standard £20 compensation which he then said he had paid into my paypal account - he never did. I again said this was unacceptable and would accept a repair (at his cost) or a refund. A lot more waffle went under the bridge but the crux of it is , he won't refund or repair. How do i stand on this ? I made sure i asked the questions BEFORE i bought it. Surely i can't be held responsible for the damage when the item never worked at all. Any help appreciated as i want to file a small claim if i have the right to Cheers

Hi All, I have a bit of a complicated issue....at least on the face of it is seems it! My wife moved out of her then marital home some 9 years ago on the advice of the domestic violence unit and for a little while she continued to pay the mortgage while her soon to be ex stayed in the house. After a while we bought a house together (due to her on-going issues with her ex I bought the house in my name) and we couldn't afford to pay both mortgages so concentrated on our new family home assuming that the old house would soon be re-possessed (even though there is a good amount of equity in it my wife wanted to move on and forget the past). Move on about 8 years and her unemployed ex is still in the house, the mortgage was being paid by the council (the interest); however recently he has been in court for benefit fraud and now they have stopped paying as we have started receiving letters asking for payment. We now want to re-mortgage our home to secure a better deal and want to make a joint application which is being hampered by fact that my wife's credit rating is rock bottom and this other mortgage remains a chain around her neck. What I am after is some advice on the best way to proceed here; ideally we want to force sale and realise any equity from the property if at all possible but would be happy just to get rid of the house so she can sort her credit out and get into a position whereby we can make a joint application on a new mortgage. After so many years its crazy we are still in this position but we just don't have the £8,000 we have been quoted in legal fees to get this resolved so anything I can do myself I will do to save costs. Any advice greatly appreciated.

Hello all, its been a while since I had to come on this forum but I feel I need to come and ask you guys for some help once again I don't really know where to start as I could write pages and pages on this issue but I will keep it as short and sweet as possible, here goes.... I am a member on a certain car forum and a member had a car up for sale which I purchased, however the car did not arrive as was promised and did not have the refurbished alloy wheels stated in the original sale thread along with other smaller items. on delivery of the car he stated he had 3 wheels on another car that he would refurb and deliver to me and if I supplied him with an alloy off my car ( I have another one of these particular cars ) he would do that also... meaning that I would now have the full set of refurbished alloys that I should have had from day 1 ( putting 1 wheel back on my car )..... lost yet ??? Short version is I am 4 refurbished wheels short as per advertised on original sales advert with no sign of getting them back as for the past six months I have had nothing but excuses and being ignored. I am thinking of taking this guy to a small claims court as not only was my purchase not what it should have been... I have pretty much had one of my wheels "stolen"...... just wondering what your thoughts are...... I could go a lot further into detail but it may be even more confusing for you all but the more questions you ask then the clearer im sure it will become . Regards

Hi I'd be grateful for poster's thoughts on the following query. In a business to business context, can a supplier's contract terms delete the reasonable quality or fit for purposes terms implied from the sale of goods act. So, for example, would a term stating "instead of any warranty implied by law, we will replace the product if you give us 10 days notice" be enough to permit the supplier to say that I (as a small business), because of this term, cannot rely upon the fitness for purpose terms in the Sale of Goods Act. Thanks

We were granted planning permission for a rear and side (wrap around) extension which doubled the floor area of our very small bungalow. The approved drawings showed that all of the walls except the front facade are to be demolished and a completely new roof structure is to be constructed. All work is being carried out under Building Control supervision. However, a local busy body complained that we are undertaking more than just an extension. The council have agreed and requested that a new application for a new build/rebuild is to be submitted. The enforcement officer has been involved but (for the time being at least) has not issued any formal notices. The planning and enforcement officers view is that the planning permission notice description does not state that all of the walls and roof are being demolished and the drawings alone are not sufficient (!). Furthermore, had we built the extension first, and then demolished these walls and roof, we would have been ok (there is no condition in our Decision Notice to state the order of works). We are adamant that our PP is valid and are building to the approved drawings. We currently do not have a mortgage, but will be looking to either take out a mortgage or sell the property once complete. If we go down either route, I presume that any lender's or buyer's solicitor will undertake a Local Search, yes? If so, will they be advised of the local planners current opinion/dispute, and will this have any merit in view of the completed property looking as per the drawings in our existing PP for the wraparound extension? Via a telephone conversation, the enforcement officer stated that upon any future sale, the council would have to advise a solicitor that the property does not have PP.

Hello I am trying to work out if I may have a CGT liability coming up upon selling my house. I bought the property 15 years ago. Renovated for 2 years. Rented the whole house out for next 1 year. Then lived in it for 1 year. Since then, 9 years, I have either done short rents - anything from a few weeks up to 6m - and around that rented rooms whilst living in it. I have filed Self Assessment tax returns each year, including either Rent a Room page or the Land & Property page with the property income, less expenses and relevant % deduction of the interest only mortgage for my benefit of living in the property. It is the only property I own. When I rented the whole house out it tended to be around holiday time and if longer we stayed in a friend's place for free. The property was also bought on a short lease. After 14m of negotiations I have just finalised terms to buy the freehold. It is now my intention to sell the property. But I am nervous if I may have a CGT liability. The value on the short lease is low. The value on the new freehold is very high. There is a huge difference in the value of the property now compared to 15 years ago. I aim to sell it on the freehold / high value rate. As the property is my only property / sole residence will I have a CGT liability? And if so, how would I work it out - on the short lease value? or on the long lease / freehold value? Also - for how long - without any rentals - would I have to reside in the property to not incur any CGT liability? Or am I not due any CGT anyway as it is my only property? Would be most grateful for advice. Many thanks HP

I recently purchased a 1972 series 3 Landrover from Classic Land Rovers and 4x4s - John Brown 4x4 Ltd - John Brown 4x4 I paid strong money £7500 plus deliver because I believed I was buying a good LR from a professional garage. Looked great on their website and the blurb sounded good. I did not go to view it ( lack of time ) silly me. This was the description, For sale, Land Rover® Series 3 in Light Pastel Green (1972) MOT until April 2015 and tax exempt. Diesel 2286cc. This vehicle has been in the same ownership for 10 years, and was well loved. It has a comprehensive history file, with old MOTs going back 20 years, which suggest that the 33,000 miles is genuine.. ..in 1995 the mileage was 14,000, and the history shows light use year on year.. ..and this makes sense because the diesel engine sounds incredibly fit, and starts with consumate ease. In fact, this lovely Series 3 was driven up from Buckinghamshire! In addition to being tax exempt and having low miles on the clock, there are lots more goodies besides - it has parabolic springs and procomp shocks, free wheeling hubs, overdrive, and a superb (working) Capstan winch. ...this is a real plus, as they are known to be incredibly robust and strong, as they run directly off the engine. They are also sought after and therefore valuable! Finished in Light Pastel Green, the bodywork, as can be seen in the photos, is good. The interior is fitted with rear twin bench seats, and the side windows make it ideal for all the family. This is a pretty, vintage Land Rover®, benefitting from tax exemption, low mileage, and coupled with that winch, plus extras as listed, makes it quite desirable. When the LR arrived I could see it was not originally green it was blue as blue paint could still be scene in places ;-( I looked over the MOT's and noticed 4 years of MOT"S the mileage had not changed this raised suspicions. I tracked down the previous previous owner to ask about the lack of milage and MOT's he confirmed the millage was about 20k out as the speedo had not worked for a number of years. My issue is I am not a trader and have worked out the mileage was not correct. Johnbrown4x4 stated "with old MOTs going back 20 years, which suggest that the 33,000 miles is genuine" Clearly this is not the case. I decided to take the LR to a local LR no-nonsense garage and get them to look it over for me. Please watch this video. http://youtu.be/33lqoV8bAaA I think the video is rather damming given that johnbrown4x4 state that Finally, our in house inspection is far more thorough than an MOT, and we often undertake repairs to vehicles which have been deemed satisfactory by VOSA. As an example, just this week a vehicle came into the unit, having covered 4 miles since the last MOT. Our inspection diagnosed two loose wheel bearings, a loose swivel housing, and more worryingly, a badly worn ball joint, which seriously affected the safety of the steering. Because we are experts, we know where to look for problems, and also have the ability to solve them. In buying from us, you have the added peace of mind that not only has the vehicle had a VOSA inspection, it's had a John Brown 4x4 inspection” What a lot of rubbish. The LR was originally advertised for £7950 big money I offered them £7250 which they accepted but sent me this email "Trade sale (£800 discount on asking price) with no warranty implied or given" I am not a trader and understand that there was no warrantee however I do not think that the LR is fit for purpose given what the specialist has told me. I have asked JohnBrown4X4 for a refund and this is the response to my complaint Thank you for your call. The vehicle was sold with a current MOT until April 2015. The winch works perfectly. T he mileage was only suggested to be genuine as we did not have a complete history on it. It's impossible to gauge the time left on a clutch without removing the gearbox. There is not a Landrover in the land that doesn't leak oil from somewhere. There's bound to be improvements that can be made to an unrestored vehicle that's over 40 years old. The valuation of your garage is ridiculous. We are consulted nationally on setting valuations in National magazines. The vehicle was supplied under your direction as a trade sale at a trade price with no warranty implied or given. Thanks What steps next. I will be getting an AA/ RAC report then submitting this with an application to the small claims court. I shall make sure I post this in as many places as possible so to warn others. Oddly under there sold section the LR I have been sold has been removed.

Oh my. What an exciting opportunity. Those wonderful clever clever people at Cenote Marketing (dot) co.uk have offered us a huge amount of personal data about you relating to a variety of aspects of your personal life - and no doubt of your family as well. What a unique opportunity to pry even more closely into other people's lives and to pursue them with marketing or other distressing and nuisance communications. It seems to be available to any NosyParker (dot) com agency and no mention of any checks as to whether the buyer is a responsible person or is registered with the ICO - although maybe that comes later once you make the phone call. And I wonder who sold it to them ... ... anyway, who cares. I can't wait... ... the CAG is about to snoop on your poop. Yummy!

Well the gloves are off I received a letter of claim asking for an order for sale from ex wifes solicitors on a property that we rent out and are joint tenants ccj and charging order on ex wifes interest in the property I intend to fight this but dont know the procedures involved Yet!! hearing date is 25 January The house has land 5 acre field which are on 2 separate title deeds I am in the process of applying for affordable housing on the field not a big gain but it will sort out the ancillary relief for ex wife The restriction is only on the deeds to the house not the land what do I have to do in terms of defending the claim and witness statements. The valuation that they have used is incorrect, they have valued the house and land but only have a restriction on the house. They havent mentioned a second restriction in favour of HMRC ccj gained on ex They havnt mentioned my beneficial claim on the property and I am listed as the defendant which I will of course defend They havent mentioned the tenants in situ including children They have no knowledge of any other parties They have not been able to gain details of the balance outstanding to the building society which without planning and the field is close to the value of the mortgage outstanding I think I can get it rejected and possibly costs from them(that would be fun) Can the court still order the sale for the other creditors at this hearing if this application fails on technicalities?? onlyme again

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Good afternoon, I recently received contact from a person I sold a car to (privately) at the beginning of the year, asking for my address. After about 5-6 messages claiming he wanted to pass a letter on to me, he finally tells me he has obtained a judgement against me and needed to provide the Bailiff's he has instructed with an address. This started shortly after I sold the car to him, when he claimed he was not happy with the car. Out of goodwill, I attempted to negotiate with him, but he would accept nothing less than a full refund. Eventually, I told him I was not willing to offer a full refund and eventually the emails stopped. It seems he found a very old address of mine and entered a small claim against me at that address, for the full purchase price of the car, which he was obviously granted by default (In June) because I was not given the opportunity to defend it. I have been in contact with the court, who have not given me much information on the claim but have advised me I need to make two applications; one to have the claim set aside and the other to stay the writ - carrying a fee of £155 each. I am waiting for an appointment with my local CAB, but I fear that may not be soon enough if the Bailiff were to find my new address. So I was hoping to get the advice of people more knowledgable than me, here; The N244 form is very ambiguous, can anyone advise how I should fill out the form for each application, if they are indeed both needed? The claimant has expressed an interest in obtaining my address from any application I make, no doubt to instruct his bailiff - can he do this? £310 is quite a lot of money. From reading the EX160A, I may be entitled to a part remission on the basis that I do not have disposable capital over £3k and my gross household income is under £5,490 - However, I'm concerned applying for such remission may add unnecessary delays. Are the fees incurred reclaimable if I'm successful in defending the claim? If so, perhaps the previous point is not such a concern. Any help would be most appreciated.

Good evening I hope someone can give me some advice on what to do next. I was due to complete the sale of my house yesterday, however 3 days ago (Friday) I was told by my solicitors that the house couldn't be sold due to 2 restrictions on it against my ex partner. I have explained that all they need to do is to notify the creditors that the house is to be sold, and have proof to show that they have given said written notification, as this is what the LR will need to see before registering the transfer of the new owners and the restriction being removed as the interest of the new owners overreaches the interest of the creditors. I have confirmed this with the LR and have asked my solicitors to do the same in 3 separate emails, however they have come back every time to say that the money to the creditors need to be paid before the sale can complete and have not confirmed that they have spoken to the LR. I am banging my head against a brick wall stating to them that this is not the case. There will be no funds in my ex-partners share to pay any of the creditors as I have a court order for sale of the house that states how the proceeds shall be divided. After discharge of the mortgage, sellers and legal fees, all mortgage payments that I have made against the property for the past 2 years and the amount of the arrears that have been accrued, (which is more than his half of the share) is due to myself. I feel like my solicitors are not acting correctly, and are telling me pack of rubbish, and I am at a loss as to what to do next. Can I instruct another solicitor that knows what they are talking about to act on my behalf in the sale? I am really worried that the sale will fall through due to their incompetence.:mad2: Any advice is appreciated.

I was wondering if anyone has been asked/required to take out indemnity insurance on a house sale. Apparently, the house has an old convenant, (not pointed out by our solicitors 10 years ago, but too late to do anything about now), that restricts changing the appearance of the property. Our solicitor says that having upvc windows installed constitutes a change of appearance and that I can either apply for retrospective approval from the housing association or take out indemnity insurance. The catch is if I apply to the housing association, it can take X amount of time and may (only may) cost money - but that if I do so I would no longer be eligible for indemnity insurance. Most of the street has had replacement windows. I have tried to find out from the housing association what the process is, but other than saying that asking in advance incurs no cost, (too late for that) they do not reply. Logic would suggest that retrospective permission would also be straightforward and free, but council/housing associations are often not logical. In ten years the covenant has not been enforced, but that does not assuage the fears of the buyer's solicitors. If only our solicitor had been so conscientious. I've only ever taken out insurance for a set period - for my house or car - so how does indemnity insurance work for houses when you just don't know if or when it will ever be claimed against? What kind of premium are people paying?

Hello Does anybody know if the SoGA covers who should pay for collection costs for a faulty item of furniture? If so, which clause of the SoGA covers this? The retailer has agreed to make a refund for the faulty item, minus a fee for the cost of collection. Thanks