consumer issues

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We are trying to sell our house and two buyers pulled out, we are now on the third buyer. Our Solicitor is charging us for the buyers who pulled out, is this normal practice? — by Maria Mason — last modified 2008-08-21 13:05

We are trying to sell our house at present and are on the third buyer, the two previous buyers both messed us around and led us to believe they were in a position to buy. The first one fell out with his wife and the second one's husband did not have a permanent job, this was after six weeks of saying all was well and asking us to take the property off the market. This sale we hope will go well but the Solicitor has sent us all the paper work and added at the bottom that we have to pay for two parties puling out of the sale but it didn't even get to contract stage. Is this normal practice?

If you win an internet auction for a car but the car is not as described when you go to pick it up, are you within your rights to not pay? — by mariam — last modified 2008-08-20 13:22

If you win an auction for a car on an Internet Auction Site such as Ebay (from a private seller without seeing the car prior to bidding and winning) then go to collect and pay for the car in person and the car is not as described are you within your rights to walk away from the deal (not pay) just as if you had responded to a car advert in a newspaper/magazine? If this is the case can you point me in the direction of the piece of legislation that confirms this?

I split up with my ex-girlfriend but still pay half the mortgage on our house which she lives in. She has now moved her new partner in and I want him to pay rent but he refuses. What can I do? — by mariam — last modified 2008-08-05 18:01

I split up with my ex-girlfriend last year and moved out of our house and I now rent with my new partner. I am currently still paying my half of the mortgage and half of the house insurance etc. My ex-girlfriend's new partner moved in with her in May. I have asked her to sell the house but she does not wish to do this as she wants to buy me out of the house but cannot get a mortgage herself and her new partner is looking for a job and so can't get a mortgage either. I am willing to wait for the equity, considering the current housing market, but I want him to pay me rent as he is living there for free, he refuses to pay. What can I do?

Can a seller transfer a vehicle to me with a private number plate on it and then have me transfer the registration mark back to him? — by conrad — last modified 2008-08-05 10:58

I am looking to buy a Lotus Elise at a proper price etc ie not a surprisingly cheap price. The seller is telling me that in order be speedy he will sell the car with the private registration remaining on and I can then place on retention and transfer it back to him. Is this a scam

My daughter has bought her first car and it now appears that it has previously been in a crash. Does she have any legal redress? — by mariam — last modified 2008-07-29 13:18

My daughter has just bought her first car from a private vendor. There have been some problems with it and two different mechanics say it has been crashed at some point and will be very expensive to repair. Apparently the chassis is buckled, the tracking is out and they are unable to repair it. We have been told that it is illegal to sell a previously crashed car without making the buyer aware. Obviously if she had been told she wouldn't have bought it. Does she have any legal redress? Essentially she wants her money back as she can't afford to buy another car, although I am aware of the phrase 'caveat emptor'.

Vehicle seller's right-hand-drive car is in Europe: he says he will ship to the UK and the money will be held in escrow until I am satisfied with the vehicle... is this a scam? — by conrad — last modified 2008-06-13 10:15

After applying to an advertisement on Auto Trader the seller emailed me back stating he had moved to Germany due to a recent divorce. He had taken his Golf GTI 06reg with him. He was asking £7100 for it and that included shipping. He further suggested a company called Moneybookers look after the financial aspect. This appears to be an escrow account where the money would be kept until an inspection had been made of the vehicle and then once satisfied, the money would be released to the seller. I have checked out Moneybookers and they seem okay. I am trying to establish if there is a catch.

My step-son is aged 17 and wants to buy a BB gun, does the gun have to be registered with the local police? — by Maria Mason — last modified 2008-06-10 11:19

My step-son is aged 17 and wants to buy a BB gun, he is a club member and the gun will be purchased by his friend who is aged 18. Does the gun have to be registered with the local police? If not, can I request the possession of the gun be noted by the police?

My step-son aged 17 wants to buy a BB gun, does this have to be registered with the police? — by Maria Mason — last modified 2008-06-10 11:11

My step-son is aged 17 and wants to buy a BB gun, he is a club member and the gun will be purchased by his friend who is aged 18. Does the gun have to be registered with local police? If not, can I request the possession of the gun be noted by the police?

I am in the process of submitting a planning application to my local Council and have been told I will require an 'option to buy agreement' with my neighbour. What is this type of agreement? — by Maria Mason — last modified 2008-05-17 17:42

I am in the process of submitting a planning application to my local Council for a conversion of my triple garage into a one bedroom dwelling. I have been informed by my architect that I will need an 'option to buy agreement' with my neighbour who is willing to sell me a piece of his garden. Please can you advise what kind of agreement this is and whether you can draw this up and how much it would cost?

My husband and I are separated, the matrimonial home is in joint names, what can I do if my husband refuses to sell the house? — by Maria Mason — last modified 2008-05-15 11:30

My husband and I are separated and I am living in rented accommodation. Our matrimonial home is in joint names and I would like this to be sold as I need the money as I am struggling. If my husband refuses to sell can I make him? Do I need his written consent to sell? I can't really afford to do this through Solicitors, but would like to know where I stand so that maybe I can negotiate with him.

My ex-partner is refusing to either agree to the sale of the house or buy me out, is there anything I can do? — by mariam — last modified 2008-05-14 17:24

My partner and I have decided to go our separate ways, we have been together nearly eight years and we have no children. I want to either sell the house or let him buy me out. He says he won't do either, so am I stuck here?

My mother wants to buy my father's share of the house but he wants to sell. Can she stop him from selling? — by Maria Mason — last modified 2008-04-30 17:45

My mother wants to buy my father out of the house but he refuses and wants to sell the house. Can she do anything to stop him selling it and actually buy him out?

My partner and I want to separate but if I move out of the house will this affect my rights when we sell the property? The mortgage is in joint names... — by Conrad Murray — last modified 2008-03-31 12:00

My partner and I want to separate. We have a mortgage in both our names and other bills we pay. We also have a daughter. If I move to live with my parents and take my daughter with me on my own free will, will this affect my rights when we sell our property? We are not married but if we can agree on who gets what and how often he sees our daughter, will I still need any additional help?

My boyfriend told his wife that he wants a divorce and to sell the house but his wife refuses to put the house on the market: will he lose any rights if he moves out and can he force her to sell or buy him out? — by Conrad Murray — last modified 2008-03-26 04:44

My boyfriend told his wife a couple of months ago that he wanted a divorce and to sell the house. She originally agreed but now she has found out about our affair and is now refusing to put the house on the market. My boyfriend needs the money from the sale of the house. If she continues to refuse to sell where does he stand? Both their names are on the mortgage. If he moves out will he lose any rights to the house and if she still refuses to sell would she have to buy him out? We really want to be together but cannot afford to lose out on the house sale.

We bought my father's council house and intend to sell it to our daughter for the price we paid: what is the likely Capital Gains Tax position? — by Conrad Murray — last modified 2008-03-26 02:32

My husband and I purchased my father in law council property in Dec 04 the deeds remained in his name with a charge against it as he was entitled to the council discount. A declaration of Trust was drawn up and saying that he has a lifetime interest in the property and only us as the buyers can sell it etc. Now the three years have passed so we don't have to pay any discount back to the Council we are now wanting to change the title of deeds to our name. However, we purchased the property for £45,000 and its now worth approx £115,000 for our daughter and husband to get onto the property ladder when the time comes that my father in law passes on. Then when this happens my daughter will then buy the property off us for £45,000 so we can pay off the money that we borrowed on our property. As we have a deed of Trust and a charge on the property can we give our daughter the difference between what we paid for it and what it is worth without paying capital gains in one lump sum or is it advisable to do this on a yearly basis so it is within out CGT allowance. I look forward to hearing from you.

My partner wants to sell the property she bought jointly with her previous partner: is he entitled to a cash payout even though he has not contributed to the mortgage for years? — by Conrad Murray — last modified 2008-03-17 00:49

My common law partner of three years, has decided that she want to sell the property she owns and that we live in and we should buy our own. The problem his her ex-common law partner wants a lump sum on the sale of the property despite the fact that he has not contributed to the mortgage for the past nine years. The mortgage is approx 11 years old and was taken out in their joint names. Has he any rights in this?

Parents gave daughter their house by deed of gift but continued to live there. Father died and mother now plans to move in with them: can Capital Gains Tax be avoided? — by Conrad Murray — last modified 2008-03-11 21:36

In Dec 1998 my wife's parents gave their house to her by Deed of Gift. They continued to live in it free of charge. Her father died in Sept 2006 and her mother still lives there. She now wishes to sell the property and live with us. When her house is sold we intend to sell our house and buy a bigger property for the 3 of us. According to www.nationwide.co.uk house price indicator the house value in Dec 1998 was £78,663. Its current value is about £175k. Please would you advise if my wife is liable for Capital Gains Tax. It will be after April 6 by the time the house sells.

I want to leave my husband and the matrimonial home and take my children with me but don't have any money of my own: what financial provision can be made to support us? — by Conrad Murray — last modified 2008-03-10 21:28

I want to leave my husband and the matrimonial home, taking my two children with me. I want to leave as I believe our marriage has broken down and because my husband is a 'bully' to me. We currently have a joint bank account and a joint mortgage. Neither of us have any savings and could not afford to buy the other out. Should I just walk away and sign everything over to him? Or should we try to sell the house? If I move out, I presume I will still have to pay the mortgage and find money to support us (renting) elsewhere?

Car "buyer" is pregnant lady from Channel Islands who has offered to pay me more than the value of my car without seeing it: is this yet another variation of advanced fee fraud? — by Conrad Murray — last modified 2008-03-06 09:48

I received an email from a Mrs. Annabel Lawence who asked questions about my car for sale on Auto Trader. I gladly answered her initial questions but the response I got back was strange and I guessed from them it must be a scam! She basically said she was from the Channel Islands and was heavily pregnant with triplets so could not come and view the car. She said she would send me £7800 for my car even though it is advertised for £7650. She would arrange for shipping herself as soon as the bankers draft had cleared into my bank account: all she needed to know was my full name and address so she could send the bankers draft...

I have some debts from a previous relationship which seem to be sold around debt collectors: I have recently bought a car with some money loaned by my brother so how can I best protect it if a claim is successfully made in court? — by conrad — last modified 2008-03-05 17:45

I have been pursued for some years (at least 3) by various debt collectors over some debts I acquired with my previous partner. They seem to just re-sell the debts on and then the process of phone calls/threats begins all over again. Presently, I am a single parent on a low income and I had to borrow some money from my brother to purchase a car recently. He generously gave me so much towards it and suggested that with living in the Highlands of Scotland it would be a safer option to buy something a little newer than the 'bangers' I ferry us around in. My questions are: 1. How long can these companies pursue you for? 2. I realize that if they pursue the claim through the courts they would probably seize my vehicle as it is the only thing of any value I possess. Can I argue that the car is still my brothers as I am paying him back with an interest free loan he provided. We have no written agreement but can't really prove it is not mine. It is registered to me.