I bought a property with my partner. We then split but I carried on paying the mortgage.
I applied for a change of party with my mortgage company, which was refused, and around September last year I instructed solicitors to act on my behalf. My ex agreed to sign the mortgage but after no documents were produced my lawyer said he would draft a letter stating intentions to pursue in court.
But after two months, with still no letter drafted, I told them I would take my business elsewhere.
A letter was done that day. As the case took its course I realised I never had any communication with the lawyer unless I initiated it.
You can imagine my frustration when the next letter I received said the solicitor would no longer act on my behalf until I make regular payments, including a payment of £150 to begin court proceedings.
Solicitors are entitled to receive payment to carry out work and are not obliged to wait until you resolve your case before taking fees.
But if you consider the service to be unacceptable, complain to the Law Society of Scotland or the new Scottish Legal Complaints Commission, online at www.scottishlegalcomplaints.org.uk
Sitting pretty with £250
I bought a suite, the items being delivered from China. After delivery, we noticed insects crawling around the settee.
We phoned the shop and a rep. came, and found an infestation of bugs inside.
The suite was taken away to be examined by experts. The report says the suite was inhabited by plaster beetles - harmless but unpleasant, and we have been offered re-selection of a new suite and £250 compensation or a refund.
It then took forever for them to confirm and make the payment. Do we a
right to any further compensation?
Scots Law does not have punitive damages, so while a court might have awarded more than £250, for this to be offered by the store without a fight is a good result. You could claim compensation for inconvenience, but that's all.
You are liable for car
My sister got me a car as I cannot get credit. I now have epilepsy and have had my licence revoked.
My sister can't drive so we have a car and no driver.
The finance company was informed, and they sent out a Voluntary Termination Quotation.
When I asked what they'd do with the car, they told me it would go to auction. If they don't the money to cover the HP deal then I am liable for the balance.
Unless you take out insurance against illness, you/your sister will be treated as any buyer/hirer who wants to terminate the agreement early, and your circumstances are not legally a special case.
The finance company can enforce the letter of the contract.
Neighbours won't pay up
I live in a block of 16 flats and our roof is leaking, which has resulted in my bedroom wall being damp and rotting away. The flats do not have a factor as they are all bought. I can't get anyone to contribute to get the roof fixed and without this my insurers will not fix my bedroom wall.
Check your title deeds, they may give you a right to enforce repairs/if not, if you can get at least a majority of owners to agree, you can force the rest to
pay. Only if the repair is a true emergency you can do it and claim back the cost from your neighbours.
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