Results 1 to 2 of 2

Thread: Joint Ownership problems...court next?

  • Share
  • Thread Tools
  • Display
  1. #1
    Join Date
    Sep 2014
    Posts
    186
    Mentioned
    0 Post(s)

    Default Joint Ownership problems...court next?

    Hi everyone,

    I am aware that there is lots of stuff out there regarding this. But every case has its unique peculiarities eh?

    Joint owned. She left around 8 years ago.

    Not seen ex partner for 8 years over which period I paid the mortgage on the dot - never left the home

    I have since married and have a 3.5 child

    Mortgage company say they have no problem with me selling.

    I have tried everything bar telepathy to contact other owner as have mortgage company.

    Want to sell now as moving abroad.

    What are my options given she doesn't seem to want to respond to any form of communication?

    If it is the courts can I make an application (for whatever it is) myself?

    Thanks so much for you help!!

    M...

  2. #2
    Join Date
    Mar 2010
    Posts
    202
    Mentioned
    62 Post(s)

    Default Re: Joint Ownership problems...court next?

    Under Section 14 Trusts of Land and Appointment of Trustees Act 1996 “any person which is a trustee of land or has an interest in property subject to a trust of land may make an application to the Court” … relating to the exercise by the trustee of any of their functions” and “declaring the nature and extent of a person’s interest in property”.
    The effect of Section 14 is that the owner of a property may apply to the Court for an Order for a declaration as to the extent of the parties’ individual ownership of the property and orders that the property be sold.
    I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

    In the cases of Brookes v HSBC Bank plc and Jemitus v Bank of Scotland plc [2011] EWCA Civ 354, the Court of Appeal confirmed that under CPR 38.6, there is a general presumption that Claimants discontinuing claims will be liable for the Defendants’ costs.

    In March 2017 we were successful in the multi- track case of PRA Group (UK) Limited v Mayhew when Recorder Bellamy found that the 2 MBNA credit card agreements were irredeemably unenforceable and the assignment from PRA to MBNA was not proved.

    Another recent case is the Appeal of John Burns v Nationwide (HHJ Hodge QC where we were successful in appealing a possession order and money judgment for £250,000 made at a summary hearing on the basis that the lender's failure to provide consent for proposed leases over the secured property created an unfair relationship within the meaning of section 140A of the Consumer Credit Act 1974. The business premises were returned to our client.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email jo@joannaconnollysolicitors.co.uk. Our initial advice is always free.

    Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

Similar Threads

  1. Joint House Ownership - Is Repossession Possible?
    By pizzatime in forum Welcome Forum
    Replies: 3
    : 6th June 2016, 13:21:PM
  2. Ownership of funds in joint bank accounts ?
    By Snoopy1948 in forum Welcome Forum
    Replies: 2
    : 28th February 2016, 15:29:PM
  3. Joint Ownership Brother & Sister
    By Rizo in forum Housing, Property and Neighbours
    Replies: 9
    : 6th September 2015, 20:07:PM
  4. Gift a house or joint ownership?
    By Redsuzella in forum Housing, Property and Neighbours
    Replies: 3
    : 8th November 2014, 19:08:PM
  5. Dvla court summons - failure to notify change of ownership.
    By ems2711 in forum Received a Court Claim?
    Replies: 0
    : 29th August 2013, 11:28:AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP