QI took out a personal loan to run over six years.
Three years in, I missed one payment of £329.76. I was on holiday and did not realise. I had also moved house though had told the lender of this. The lender got debt collectors who reported that they had traced me still living at my old address. To cut a long story short, the bank is suing me for the unpaid amount and interest, though they are the ones who have fouled up by trying to contact me at the wrong address.
AThey are due the money, so are entitled to a decree against you. But if you seek a time to pay direction (see the court forms) before they can get it, you can get the court to order the level of payment and as long as you stick to it there will be no enforcement possible. As they have raised the action based on their own incompetence in failing to record your change of address, you can ask the court not to award any costs against you, and indeed to award costs to you.
QI've been married for 35 years, but my wife now ignores me and has become a virtual stranger. She has also become depressed and is drinking heavily. She has been inquiring about getting equity from the house without my consent. It's her name alone on the deeds. Can she do this?
AShe cannot lawfully get a new mortgage on the property without your signed consent as it is your matrimonial home. You would be presented with a consent form and allowed to take legal advice on it.
But you should see a solicitor anyway as there are important aspects of the law that affect you, whether you continue the marriage or leave.
QI am interested in buying a strip of the garden I share with my neighbour. He is willing for me to buy. How would I go about getting a valuation?
AVery straightforward. A chartered surveyor will do a valuation, but as long as you and the neighbour (and any others with shares – get your solicitor to check who owns what) agree a price, a solicitor can draw up a title deed (with or without a short contract) and register the deed.
It can then either form part of your existing title or simply be alongside it.
QFactors re-roofed our property and roughcast the walls but the contractor trashed my garden, our front door entry system and close landing. We are refusing to pay the bill until they address the problem. But the factors are doing nothing about my garden and say the cladding is fine and they may not do anything about the holes the contractor made in the close.
AThe factors are your agents and owe you a duty of care. It appears to be their lack of supervision of the contractors that has caused the problem. You would be entitled to sue both the factor and the contractor for the costs of repairing their mess. If all owners get together, they could perhaps afford a lawyer between them to make this happen.
My wife has been inquiring about the equity in our house without my consent