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  1. I recently left a house for various reasons, had trouble with landlady, solicitors involved etc etc. It has now come to my attention that one of the other tenants has sold some of my belongings left in the house as I was unable to move everything all in one go. Am I correct in thinking the landlady still has a duty of care for my belongings, and this is theft? I have had no contact with the landlady or other tenants aside from through the landladys solicitors. I have also discovered that the landlady has been discussing the matters between us with another tenant, such as her taking me to court (it was threatened but has since been resolved), me owing £2000 (not the case, and has also been resolved), my reason for leaving (bullying by tenant that has sold my belongings), and me breaking the tenancy agreement (not true and has been resolved). Does anyone have any advice on this situation??!!
  2. Hi folks Can anyone advise. We have our house up for sale and we have just been told that the estate agent has accepted an offer on our property without informing us of it,until now. Is this legal? The offer is lower than the asking price ! He told us that it's a distressed sale so is lower!!! He also told us that the banks can force us to accept the offer? Below are my wife's comments! I rang and spoke with the agent – a piece of *****. I am delusional!!! I don’t realise the severity of the situation??? We are going to be repossessed, this is a distressed sale. The court case will only be adjourned for a few weeks, not suspended for 3 months or anywhere near that!!! (according to him). Any advice would be welcome? We have a court date of in Dec as our main mortgage is going for repossession. Doc
  3. Hi I'm new to this forum so be gentle with me. I am in a very strange situation and I'll try and keep it brief. My private house fell into disrepair early this year and I couldn't afford to fix it. I had no heating or hot water. I had to move out and find somewhere to rent. I notified my lender, at that time, and asked if I could sell the house privately. They (GE Money) agreed and I found a cash only investor/buyer through an estate agent who was ready to buy immediately. Unfortunately, the house is in a negative equity situation and there is a large shortfall. I wrote to GE money and asked if they would accept it in full and final settlement. They declined. My proposal to contribute towards the shortfall was to enter into an IVA. GE Money declined that too, although it hasn't yet been presented at a creditors meeting so the IVA team are still hopeful. GE Money then changed their mind about the sale and said they wouldn't release me from the charge if there was a shortfall. GE Money have changed their minds several times about the sale of the house and delayed the process for 6 months. The buyer made an offer in July. This has resulted in 6 months of arrears occurring and I now have to attend a repossession hearing in a couple of weeks. If the repossession goes ahead then the shortfall is potentially likely to be even greater than if I was to sell it privately. Surely if they repossess and sell it themselves then they will have to take my name off the mortgage anyway? I am now living in rented accommodation and have absolutely no way of paying the arrears, continuing with the mortgage or clearing the shortfall. I have been in a debt management plan for 3 years - GE are also aware of this. I'm just posting here to see if anyone else has had anything similar happen and if the Hearing can rule that I am allowed to sell the house privately. The buyer is still interested. Thank you for listening to me rambling on.
  4. Hi There, I am hoping that someone on the forum can help me. I would like to know if the sale of goods act covers puppies. I have recently bought a male puppy from a breeder that is supposed to be kennel club registered. When I collected my pup the breeder said she would send on the papers to me once they had arrived. I had to email the breeder almost weekly to ask for the papers and when they did arrive they were for a different female dog. I have been in contact again and the breeder has said there are no papers left. I contacted the kennel club to see if they could help but they cannot and they advised me to check out the sale of goods act. I am concerened as the puppy is a staffordshire bull terrier and without the registration papers could be classed under the Breed Specific Legislation law as of the pitbull type. I am running out of patience with this breeder as she has started ignoring my emails to try to clear the matter up. Any advice would be greatly appreciated.
  5. Morning All! Hope you can advise.....this is for an assured sht gone periodic due to old ll not renewing, though we have sms confirming acceptance of extension to 1/5/13. New ll is happy to keep us as tenants however long we wish to remain. The property we rent was sold. We were not informed of this until mid november by the new landlords agents. The sale date was 28/09/12. We paid via bacs the october and november rent to the old ll. The old ll did not protect our deposit. The new ll has not been sent this deposit. Questions are: Who is responsible for informing tenants of sale old or new ll. I know we should have been sent these.... Old Landlords Letter of authority Notice under s.3 of LTA 1985 Notice under s.48 of LTA 1987 Never received - though notice off new agents for new ll - apparently old ll and his solicitor was not forthcoming with our details! We have asked old ll for a return of the monies, he is not going to due to a dispute will the new ll over the sale ! - this is clearly nothing to do with us. LBA action sent to old ll - no response nor payment I issued a CC claim issued yday for: the two months rent plus the unprotected deposit and a claim for the penalty for non protection under housing act / localism act 2012. Total exceeds 2,400 plus fees. I am confident in winning, this is not the issue! - Anything i need to be wary of ? Also would it be possible for old bill to advise, i believe there is a criminal case here - theft or fraud..... Thanks Numbers
  6. I bid for an item on an online auction and I am in dispute with regard to the auction house regarding the validity of the sale. I have made payment for various lots including the disputed lot involved as I was not in full possession of relevant information when payment had been made. This has been going on since July and I have gone down the Money claim online route to try and recover the money. The basis of my claim is that the lot was re-entered into the auction having previously been "sold" for a higher amount under the premise that there had been a phantom bid and that there was a commissioned bid in place for £9K. I enter a bid of £9K and my bid was accepted as the winning bid. I was sent a proforma the next day asking for payment which I then arranged. I had tried to get information from the auction house regarding the lot and did not have my calls returned until the next day after payment had been requested. When talking to the auction house it became clear that things were not true regarding the information they had portrayed. The conversation with the auction house revealed the commissioned bid was not as stated and that is why I won the item. This conversation was recorded and can be used in evidence. I have also been told that all bidders were subject to security checks by the site provider so phantom bids were not possible. My mistake has been to make payment albeit before I was fully aware of facts. I am now trying to claim back the money and am at the directions questionairre part of the fast track process. I am working as a litigant in person and would appreciate any help with regard to possible case law I can use. The defendant is saying that I signed up to the terms and conditions of the auction which fall outside the misselling acts. However the auction house obviuosly were aware that they had made an error and before they realised I had made payment offered to show the lot to the underbidders if I was not happy.
  7. Hi all, Need some advise in relation to a vehicle i sold. I advertised the vehicle locally and had a chap come down to purchase the car. He came down, and had a look at the car. I suggested we start the car up and take it for a test drive. The buyer was in a hurry and said it's fine and he is in a hurry. We got down to the paperwork, i showed him everything i had, service history/timing belt reciepts etc. He was happy with everything and we did the exchanged. I get a call in the evening and he said that the mot certificate nor the full service history was in there. He advised that the history book wasnt fully stamped, i advised that alot of it was done private which i had said at the time and it is in reciepts. He said most of the recipets are not in there. I was adament that everything was in the folder, but he was a nice fella so i said i will have a look at home incase it's been misplaced elsewhere. I couldnt find the latest MOT cert nor any further car papers, so i got a print out from the VOSA website of all the MOT's and advised him that i will pay for a replacement MOT certificate if it isnt in there. The buyer want's none of it and want's a refund, which i can't give him as i've already purcahsed another car. The car itself he has no issues with, and his complain is that there is no MOT certificate or full history and he wants a refund. Can anyone advise where i stand with this? he has a sent a letter advising he will go to trading standards? I'm a private seller so unsure as to what i can do? All help appreciated guys. Thanks
  8. Currently selling my property in Scotland when engaging the estate agent/solicitor(combined firm) I was told by their rep who came to the house and followed up by email that the commission they would take for the sale of my house would be 1.75% . Now I'm in dispute with them as they say the minimum commission they take is £1750 if the of % the sale price would be less than that. Now I've checked the paper work which I have signed and it does say the above. But if I have been told the sale price is 1.75% then surely this is a binding agreement and they should honor it? Plus I feel that the level of service we have been given from them does not warrant full payment.
  9. Hi all, need an answer to this if you dont mind. Cant find anything anywhere on the net. After having a CO on my home for the last 7 years, I now get a letter from Wright Hassall solicitors threatening to serve me first with a Statutory Demand followed by a petition to obtain a Bankrupcy Order. I would have thought that somewhere down the line I may have been fighting an Order for Sale, rather than Bankrupcy. So is there a reason in the solicitors favour for going down this route or is this standard? Then then list charges for which I will be liable - Statutory Demand £60 Petition £540 Bankrupcy Court Fee £220 Bankrupcy Petition Deposit £700 Bankrupcy Searches £52 Process Server £84 Application for Substituted Service £35 Agents Fee for Attending Hearing £90 They then go on to reassure me they are sympathetic to my situation and aim to negotiate a mutually agreeable repayment plan based on my current financial situation. Well at the moment I have no income whatsoever. I lost my job last year, cannot get any benefits ( due to my wife working) so Im a bit stuck at the moment. The letter also states that should they not hear from me within the next 14 days the Statutory Demand MAY be issued without further notice. So what do you think? Possible bluff or serious?
  10. Hi Guys, I am in trouble and need your help. A solicitor has made an application for an "Order for Sale" of my flat due to a debt from a court case I lost last March. The debt is for £45,000 and the equity in the flat would fall a tad short in my opinion. I live here with my 18 yr old daughter who is at Uni and 2 dogs. I lost my business In May and now have a part time job 3 days per week so I cannot even offer them payment in instalments at the moment. Any advice would be greatly appreciated/ Many Thanks.
  11. Yesterday I bid for a carpet on an Ebay auction starting at 99p and won at £41. There was no reserve price, or Buy-it-now. After trying to obtain details for collection the seller emailed me "Item sold wrong price apologise for inconvenience, Thanks". I now find this same carpet has been relisted today, again starting at 99p with 4 bids so far (up to £10.90)and 9 days to go. The same seller has also relisted a television that was sold a few minutes after the carpet, in the same circumstances, and feedback was left yesterday to say "seller refuses to sell at the auction price" on a coffee table. I have contacted Ebay, who said they will look into this as it is definately against the rules and not allowed, and will probably give her a black mark!! - Big deal!! They also suggested I pay for the item through Paypal and then open an "unreceived item" case. Is this a good idea?? Do I have a case to take this matter to Court? For me it is a matter of principle.
  12. Hi I have a car on finance and it is secured using a bill of sale. Could anyone tell me if this bill of sale is enforceable or not. It was signed by the salesman and no solicitor was present. I have put a link below of it with personal details missing. Any help is appreciated. http://i1359.photobucket.com/albums/q786/ivanjunko/scan0001_zpsc9122ca5.jpg Ivan
  13. Hi all Im having a real struggle with the sale of a leasehold masionette I own. So I originally purchased at the value of £175k as a leasehold. As it was my first ever purchase I wasnt exactly "street wise" when it came to the buying. The leasehold currently has 71 years to run but at the time of purchase I was not informed that anything under 80 years would have serious issues when it came to either extending the lease or selling the property. Neither my financial advisor, estate agent or solicitor mentioned the potential costs (being quoted £13k to extend by 90 years!) and this has obviously come back to bite in a big way. Ive checked all the documents and not anywhere does it highlight its an issue through either solicitor of FA. Probbaly a little late in the day now but do I somehow have a case? If I do how and where do I pursue? Really feel like all three parties saw me coming, I had a big pot of inheitence to lay down but now the money from my fathers death is going to be wasted on paying an extension of a poxy leasehold! Any advice would be greatly appreciated
  14. I wonder if anyone can assist me with a debt collection issue? A number of years ago i was taken ill and had to resign from my job. As a result i had to restructure my credit payments to new manageable amounts with the aid of CAB. For the most part this has been an easy option even though i am legally defaulting on these payments i have paid the newly arranged amounts on the specified dates and at the specified amount. However, one of my creditors was awkward to say the least and it transpired upon investigation that they could not actually expect payment because of a false signature against one of the items purchased. This matter was further raised with the financial ombudsman and the creditor was instructed to freeze the account while full investigations took place. What the creditor actually did was sell the account to another debt collection agency. I contacted the new agency highlighting the issue and from that time (around 4 years) to this i have received no correspondence from any company with regard to this account, until today. Today i received a threatening letter stating that the company (another new debt collection agency) had found my address (i have lived at my house for 12 years) through my credit report and were now asking that i repay the debt or else. What i really want to know is if they can actually still claim the payment as there is a huge question mark over the validity of the debt, and the time frame between each letter. if someone has any idea with regard to this matter i would greatly appreciate some assistance.
  15. Hope someone can help me with this. My wife is in the process of selling her formal marital home, from her previous marriage. She accepted an offer and everything was progressing well until today when we had a call from her conveyancer. There are 3 restrictions registered with the Land Registry. Two of the restrictions were in relation to debts belonging to her ex-husband - these creditors have agreed to the sale and will remove the restrictions. The 3rd restriction is worded as follows: "RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by ----- ------ of --- ------ Ltd, full address" The conveyancer has contacted this company and was told that the restriction was put in place due to her ex-husbands IVA, which has since failed because he did not keep up repayments. They have said that it will not be removed until the whole debt has been removed, which amounts to nearly £90,000 between 9 creditors. As such they have said that they will not give written consent to the sale. The conveyancer has therefore told us that she cannot proceed with the sale unless we have the money to clear her ex-husbands debts! The equity in the house is only £20k which, after costs, amount to £7.5k each, nowhere near enough to clear the debt. My wife has phoned this company herself but they refuse to speak to her, stating that as the debt was her ex's they cannot discuss it with her. Currently the house is empty and we are paying the mortgage each month, as well as rent on our home - we cannot sustain this for much longer. Is there anything we can do about this? We are desperate for the sale to proceed so that we can purchase a home of our own to give our children some security!
  16. So we were desperate to pay our rent one day and ended up rather stupidly, contacting a logbook loans company; signing away our lives. We have defaulted now and again but have always made payments and kept in contact with the company in question. The credit agreement was taken out over 3 years ago now though it should have been over after 12 months. This is because we defaulted and they set up another agreement with reduced payments (which they posted out for us to sign and return) There have been a few more defaults due to health issues and the company sent us a letter stating that they'd referred back to the original agreement. The legalities of this strike me as rather odd. This is all of course, secured with a good old Bill of Sale. After another default was received recently, I've decided that we're sick to death of paying out to this company so requested a copy of the stamped BOS from the High Court to see whether or not they had a hold over us. They have emailed it to me and it has a reference number on the front, alas no court stamp. They have assured me that they have one but it is illegible, though dated within 7 days of the BOS. Also, the BOS is dated 2 years after the original one was signed because they've made a new one. Surely the original BOS wouldn't need replacing until 5 years has passed? The original BOS (which I have a copy of) was witnessed and signed by the lady that works for the company when she brought the cheque. The second (Which we don't remember seeing) has our legitimate signatures on it and we can't find a copy of it anywhere (we tend to save all our paperwork) I have asked them to send me the original BOS that we first signed but they've not got back to me yet. Has anybody any experience with this because it all seems rather dodgy to me. I hope this makes sense to people as it's been written in anger. Thanking you in advance.
  17. Hello I split up from the ex nearly 5 years ago. He still lives in the property we bought together and whilst he paid me back my share when I left, to date will not remove me from the mortgage (tennants in common). Things are acrimonious between us and we don't speak. He is a nasty bully. I have requested he remove me from the mortgage and he said in the past he didn't want to as it would cost him money. I gave him a month on the 6th December to give me an update and to date he's not responding. I think I will need to raise a claim and do this through the courts as he appears to have no intention to remove me. Probably because he will need to remortgage I think and the bank assesses his finances etc. When I knew him he had plenty of money but perhaps that's changed I don't know. I really want to be rid of him and all ties and if he defaults the bank will come after me which isn't great as I'm unemployed. Can anyone advise me on if I'm in my rights to raise a claim and what points I need to put in there? I can't afford a solicitor but I can't have him bully me over this any more. Thanks
  18. Hello, I have been reading the posts regarding Mobile Money and Bill of Sale and got myself all confused . I stupidly took a log book loan when we ended up in rent arrears, at the time we could afford the repayments and were paying on time every month. Just after Christmas I topped up my loan ( for £150) and continued making payments on time. In March my husband was expectantly made redundant. Payment was due on the 28th April. On Tuesday I got a call from the local office asking when April's payment was going to be and I asked if I could have another week to raise the money, they are fully aware of the situation. He then tried to get another £150 a month off me, which I said I couldn't do, or take the loan over 18 month to reduce the payments, obviously I don't want to refinance again and get in more debt. He then told me I was a month in arrears and would be in touch. Now I am sitting here with frayed nerves waiting for a knock at the door and the car being towed away. A few things I need answers too, if anyone can help please.... 1. If I apply to the High Court to see if the bill of sale has been registered - Does it have to be registered during a certain time scale? 2. Which Bill of Sale to I have to apply for to the Court, the original or the top up loan? 3. Have read right that the bill of sale has to be witnessed by a solicitor or have I got confused somewhere? The only people that signed any paperwork were the person giving me the loan and myself. 4. How can I tell if the bill of sale is linked to the credit agreement? And what happens if it is? If someone could answer these for me I would greatly appreciate it as I don't know what to do next, obviously I don't want to loose my car and it was a stupid thing to do, but I have never been in debt before and have no idea what to do or where to turn next. Many thanks for reading.
  19. Hi all, Sorry if this post is a bit long but here goes.... Bought a 2011 Astra from a Vauxhall dealer 27 days ago, upon receiving the V5C today it says 2 former keepers whereas when I bought the car I remember the advert saying "one owner". I know about the Sale of goods act so I rang consumer advice and explained the situation however I didn't have an proof of the advert and they said Autotrader might not be able to track it or not release it due to data protection etc unless the matter went further legally, so I was worried the dealer might act dumb. Phoned up Autotrader and luckily the person on the other end of the phone said they can email me the latest version of the text in the ad, without any problems with data protection and if needed they would help with forwarding the text onto anyone else who may need it. Here's the email I got..... 2011 11 Reg Vauxhall Astra 2.0 CDTi 16V SE 5dr Auto, 5 Doors, Automatic, Hatchback, Diesel, 34,732 miles, Grey, *One Owner Full Service History*, Balance of Manufacturer Warranty, Cruise Control, Multi-Function Steering Wheel, CD Player, Body Coloured Bumpers, Automatic Headlamps, Front Fog Lights, Metallic Paint, Rear Wash Wipe, Adjustable Door Mirrors, Adjustable Steering Column, Air Conditioning, Electric Front and Rear Windows, Electric Mirrors, Trip Computer, ABS, Automatic Gearbox, Power Assisted Steering (PAS), Daytime Running Lights, Side Impact Protection, Isofix Child Seat Brackets, Central Locking, Deadlocks, Immobiliser, Remote Central Locking, 17" Alloy Wheels.£9,873Click 'Visit Website' for more approved used cars. So as advised I have sent a letter using a template to the dealer recorded delivery explaining the situation and have put "I would like this matter to be resolved either by a full refund, return of our part exchange car and monies or an acceptable replacement." I could ask for just some compensation and keep the car but one of the criteria when I was looking for cars was it to be just one former keeper. Just wondering if anyone has any idea what might happen and if they become difficult what to do,also if we got out PX car back what the deal would be as far as former keepers on it as we bought it from new so wouldn't really want to be the 2nd keepers and if that was the case could we be compensated for it as far as depreciation is concerned and insurance admin fees for changing cars etc etc. If i get a full refund then I'll be without a car so would that be considered as far as inconvenience and costs are concerned. Thanks for any advice given, Alan
  20. Hi, I wanted to know what the situation was with regards to selling our house whilst under an IVA agreement. Is this allowed. I realsie any monies would go direct to my IVA but do they allow you to seel the house in the first place?
  21. Hi Just a quick question I have a small outstanding mortgage (15K) on a property valued at aprox 100,000 but I have now emigrated outside of the EEC and require the house to be sold. (Ok, I know I should have put it on the market before I went but things could not wait) I have no intentions of returning to the UK anytime in the near or distant future Can I give a family member Power Of Attorney to enable the sale (if so how do I do this) as I do not wish for the mortgage lender to take possession and sell for half the value Many thanks in advance
  22. Good morning Under the sale of goods act what is a reasonable time for a washing machine to last, for a family of 4 , any one now. Thanks
  23. Hi I am not sure this is the right place to post - but I need advice on whether I am legally allowed to pull out of the sale of my house and the purchase of a new one, I have just been told that i am under threat of redundancy and the new house commands a bigger mortgage and i am unsure as to whether I could cover that if I lost my job. I have not exchanged contracts yet but all searches have been completed etc. I have signed a paper to my solicitor for the sale of my house but been assure dthat this is not yet binding as i was conrend at that stage about the purchase of my next house falling though.... so concerned and confused.
  24. Hi, I just need some general advice regarding a recent purchase. Last Saturday I purchased an item worth £4,000 only to find out that it had been reduced to £2,500 on the Monday. Do I have any rights regarding this or do I just have to accept this annoying as it may be. Is there anyway that I could return the item saying I've changed my mind as it was not an online sale I don't know if there is any cooling off period - I suspect not as the item is not faulty. I just need to put my mind at rest that there is nothing I can do about it!
  25. Hi, I just wondered if anyone had any advice. I had a joint mortgage with my ex-wife, and due to various circumstances beyond my control and after a lot of wrangling and confusion the house was voluntarily repossessed and eventually sold in February this year. Since the letter from a solicitors informing me of this I have had no contact from the mortgage company (Britannia). Given the sale price of £60k and the mortgage/arrears of about £95k I assume this leaves debt of around £35k. Due to my relatively low income level and some other unsecured debts I have no realistic ability to repay this unless its spread over a very long period of time. My ex went bankrupt in February. On my credit reports there is no mention of the debt, only that it is satisfied. Now I am unsure of what to do. I believe the mortgage company has to chase me within 6 years from the sale. Should I contact Britannia? Or assume they will just chase at some point within the next 5 ½ years and therefore just declare bankruptcy now? Or wait and see what happens? Another issue that is playing through my head is that my current car is on its way out and will need replacing soon. As I use it alot I would be looking at spending about £2k on a new one so that it will hopefully last a while, but I’m not sure if this is a good idea if I then go bankrupt as I understand if it’s worth any more than £500 they will tell me to sell it and buy a cheaper one, which would leave me in the same (unreliable) boat. Other than that I have no assets – no savings, no pension, no house (I live with family at the minute), and my car is worth under £500. I am also going to be starting a 3 year part-time course in September which is being paid for by my work, so I suppose this would run together with the 3 year payment term of the bankruptcy. However if there’s any chance of avoiding the bankruptcy it would be incredible, although I’m not expecting much on that front! One further worry for me is that my girlfriend currently lives and studies a couple of hours drive away. We alternate the travel at weekends but if I did end up bankrupt would they allow petrol costs for this? If anyone has any advice I would be very grateful.
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