lauren field

Registered with Property118.com
Wednesday 4th September 2013


Latest Comments

Total Number of Property118 Comments: 36

lauren field

14:21 PM, 4th November 2013
About 6 years ago

Mortgage Express are forcing me to sell my home - HELP!

Hi Gary

Apologies missed the email alerting me to your response.

how have you got on with your review of the terms and conditions.

If you are making payments and not in arrears, then the legislation I was referring too is irrelevant to your case. However, that said if you are paying your mortgage and the only breach you have made is to let the property then mortgage express would have to take you to court to repossess the property which they would be foolish to do and ONLY then would you begin to fight back.

For me to assist you further I would need proper sight of the terms and conditions.

In addition, I do not see any reason for you to give your sister POA

How long is the remainder of the term for your mortgage?

Can you scan and email me your terms and condtions?... Read More

lauren field

19:50 PM, 11th October 2013
About 6 years ago

Mortgage Express are forcing me to sell my home - HELP!

Hi Gary

Sorry I. am away on hol and not checking on here much

Tell me what you need exactly or better still give me a 'to the point' update on where you are & I'll work out your best way forward with supporting legislation... Read More

lauren field

16:30 PM, 30th September 2013
About 6 years ago

Tenant information requested by freehold managing agents

Reply to the comment left by "Annette Stone" at "30/09/2013 - 15:35":

Hi Annette yes thanks although weather a little windy today.

i thiink you are confusing what I meant.

I said that Edna does not have to release any personal information she does not want to. in terms of personal information, I was referring to the tenants financials etc. which is what I understood her question to be about. I didn't think I even mentioned data protection so you've confused me. I also said quite clearly she should check the clauses in her lease.

I'm very much well aware that decisions made by the LVT are not a precedent and did not suggest they did ??????

I merely pointed out that in most instances a court will refer a claim regarding leasehold issues including unpaid admin fees to LVT (providing both parties agree) and that they will make a decision upon reviewing the case. I also clearly stated that they are not above the law - so how did you get from what i said the need to reminding me the LVT cannot set a precedent - is that not what i said ????

the reason I even brought up the LVT was to help the other members who had posted stating they had not paid. The point is, these types of fees can be challenged quite easily, providing they don't agree to them inadvertently, whether through the court or through the LVT

In regards to fees just because an agent provides a schedule of charges does not always mean all those charges are legally enforceable, especially when it comes to late payment fees, admin fees in regards to sub-letting & admin fees in regards to sending letters/reminder notices etc.... Read More

lauren field

12:07 PM, 30th September 2013
About 6 years ago

Can I serve section 21 to someone who is not present?

Hi Tony

The short answer is yes, you can serve a section 21 notice. However, Mark is correct to ask for clarification in regards to the agreement

- "I have a tennant who hasn’t been staying in a studio flat that I own for the last two months." ---- How do you know she is definately not there?

-"She as been with me for just over six month’s now" .- as Mark says depends on length of agreement but yet if the agreement was for 6 months, you can now serve notice.

-"Can I serve a section 21 to her still if she isn’t present and if so what do I do to enforce it and would I have to get a court order first?" --- Yes, and yes to enforce it you do need an order from the court.

-"Also what do I do with her belongings? " - - you will need to store them for 3 months, forward them onto her or allow her her a time to collect them. After 3 months, if she has made no claim to them, then you can dispose of them.... Read More

lauren field

11:41 AM, 30th September 2013
About 6 years ago

Mortgage Express are forcing me to sell my home - HELP!

Reply to the comment left by "Gary Byrne" at "09/09/2013 - 19:48":

Hi Gary

i am on holiday at the mo and don't really have time to read though all the posts to find out where you are at & if I understand correctly, you are trying to fight this without professional help.

if that is correct, then you need to use the regulations to your advantage in regards to the following :-

1). The banks refusal to allow you to let the property irrespective of a buy to let mortgage.

2). The banks refusal to allow you to make additional payments in relation to any outstanding arrears.

providing you can now afford the mortgage and can pay off the arrears within the remaining mortgage term, the court will not grant a repossession.

You can also request an order from the court for the bank to allow you permission to let the property.... Read More