Dec/090
Buy to Let Landlords
Former mathematics teachers, Judith and Fergus Wilson are the envy of most buy to let landlords but the hate figures of many a British worker.
Fifteen years ago they were teaching in a South London comprehensive. With a personal wealth estimated at £90million, they even overtook the Beckham’s in The Times 2007Husband and Wives Rich List and own racehorses and a farm in rolling acres thanks to owning 910 two and three-bedroom houses around Ashford and Maidstone in Kent.
Despite being likened to high flying celebrity couples such as the Beckham’s, the Wilson’s are certainly an example of why not to judge a book by it’s cover.
Their home certainly does not look like the stately pile of a millionaire. There is no gold jacuzzi, no personal tanning salon, like Simon Cowell- not even a Rolls-Royce like Del Boy.
The only indication that the owners have a bob or two is a tired-looking Jaguar X-Type parked outside on their gravel drive. Even this is parked next to a battered old Land Rover with wing mirrors attached using sticky tape. It is difficult to believe that this is the home of Judith and Fergus Wilson, proud owners of a million pound Property Empire. In fact, according to Laura Powell at the Daily Mail, their fortune probably peaked at a staggering £250m - although that doesn’t stop property experts labeling them Britain’s first buy-to-let billionaires.
It’s easy to understand how this couple has acquired this fortune as Fergus at least, is surely Del Boy. Fifty years ago, Fergus was already wheeling and dealing. Aged 10, he earned pocket money by pushing wheelbarrows around an Essex building site and as a teenager, he made a bob or two sparring and boxing. He earned £2,000 with a home-made T-shirt printing business when he was a student at Goldsmiths, University of London. Instead of ironing on each of the prints individually, he worked out a way of printing in bulk using a borrowed baker’s oven!
Then, when he married Judith, they rented a four-storey house in Blackheath, South London, and sublet the lower three storeys to other couples at a price that covered the Wilsons’ own rent. ‘I thought that was good business at the time, but I’d never do that now,’ says Fergus. Cheekily, he adds: ‘Now, I’d rent each storey for even more money-I’d live there rent-free and make a profit!’
As humble as this couple may seem with their battered cars and average way of life, they spark a lot of anger amongst those that hear their ‘success’ story.
As the couple now plans to sell off their estate, many people are annoyed at the potential financial reward they could achieve due to their greed and ‘obsession’ with money with comments such as “Greed kept them in the game on the way up but now fear is throwing them out”.
It will be interesting to see how this story unfolds in the upcoming months/ years… we will keep you posted!
Nov/090
Different types of Buy to Let Compensation Claims
Claims against Surveyors
This could be where a valuer has negligently overvalued the property then you may claim the difference between the correct price and the overvalued price at the time of the valuation. Usually a discrepancy of 10% or more will be sufficient to show negligence.
Claims relating to overvaluation or overestimation of rental returns
This has been very common and sometimes estimated rental returns bear no resemblance to the real rents that can be achieved. It is possible to make a claim against a valuer who has prepared the valuation for the mortgage lender rather than you. Valuers have a duty to look at any discounts that have been given as this will often affect the value. For example, if numerous flats have been sold in a block with discounts and the Land Registry is showing the prices paid without discounts it is possible this information will give an inaccurate and inflated picture of the values.
The reasons you or your clients may have a claim are so numerous that is best to give our Solicitor a chance to check the surveyors file.
Claims against Solicitors
This is appropriate when Solicitors have negligently advised on the purchase of the property, including:- 1. Not checking if the property will be used solely for residential, 2. Does what you are buying include all what you believe including car parking spaces etc. 3. etc. 4. etc.
The reasons you or your clients may have a claim are so numerous that is best to give our Solicitor a chance to check the previous solicitors file
Claim Against Developers or their Builders
Several questions arise, what have you bought? is the build acceptable? did you get a guarantee? is the guarantee worth suing on? is the developer worth suing? if they had a separate builder? if the developer is no longer trading? is the builder still trading? Your dissatisfaction needs checking.
You should be aware that any claim against the developer might be hindered if the developer goes out of business. The advantage of a claim against a valuer or a solicitor is that they have insurance.
It is best to give our Solicitors a chance to check all of your papers relating to your purchase and the papers relating to your subsequent problems.
Claim Against a Middleman
It is also possible you might have a claim against various ‘middle men’ including brokers and buying clubs where they have misled you and encouraged you to buy property. Time and time again we hear how buyers are told that they must act quickly as they are buying the ‘last flat’. Often agents will tell the buyer that they are the local experts and that the buyer should leave all the research to them. The buyer then finds that the agent has not told them about local conditions or features which make it difficult to rent out flats or affect the value of the property or rental yields.
It is best to give our Solicitors a chance to check all of your papers relating to your purchase.
Claims against Mortgage Brokers
Are you in a mortgage relationship that is unsuitable for you. Some brokers, certainly not all, placed their own interests above yours.
They may have put you in a “honeytrap” mortgage with a sub prime lender because they made more commission and you eventually lose out twice because not only do you get a dearer deal but when you want more finance you will be discriminated against, a double whammy.
It is best to give our Solicitors a chance to check all of your papers relating to your mortgage.
Oct/090
Miners rally for legal action against legal adviser
Hundreds of injured former coal miners are being rallied to sue their legal adviser in the first coordinated legal action for alleged under-settling of government compensation claims, it can be revealed.
Gravitas law are gathering potential claimants to sue their former legal adviser for negligence. It Is alleged that the legal adviser instructed miners not to lodge claims for a potentially lucrative type of damages, meaning that miners received less compensation than they were owed.
It is alleged that thousands of former miners across the UK are collectively owed hundreds of millions of pounds for under-settled claims – far more than they are owed for fees that some legal advisers deducted from compensation awards.
He said: ‘We are talking about reclaiming money that people need in order to live. There could be more group actions following on from this one.’ He is currently looking for a lawyer to take on the case.
Calls arre being amplified to the Department of Energy and Climate Change, which has responsibility for the compensation schemes, to conduct a full investigation into the alleged under-settlement of miners’ claims by solicitors and claims handlers. Earlier this year, David Anderson, Labour MP for Blaydon and chair of the All-Party Coalfield Communities Group, called for an investigation at a meeting with David Kidney, junior minister at the DECC.
Aug/090
Making a claim quickly
If someone owes you money and you cannot settle things in any other way, you may decide to issue a claim through the county court. People also issue claims for other reasons, including:
- Bad workmanship
- Damage to their property
- Road traffic accidents
- Personal injury
- Goods not supplied
- Faulty goods
County courts deal with all these types of claim. You will sometimes hear people talk about the ’small claims court’. What they really mean is the special procedure for handling smaller claims in a county court.
Going to court should always be the last resort. There are now a number of other ways of sorting out complaints, disputes and legal problems without court action, including arbitration, mediation and ombudsmen schemes These are often called alternative dispute resolution (ADR) schemes.
Court rules require you to think about whether alternative dispute resolution is a better way to reach an agreement before going to court.
Some claims can be made online using the recommended Reclaim Now service by clicking here…
There are time restrictions for issuing claims. If you have delayed issuing proceedings for any reason, you may wish to seek legal advice before issuing your claim.
Aug/090
Car Accident Claims in the UK
There are 31 million cars in the UK, and this figure is growing every year, with 71% of the population having driving licences – more than ever before. Whether people are travelling to work, to the shops, to schools or on holiday, cars are the transport option of choice.
With the popularity of cars growing, people are putting themselves in danger when they get behind the wheel.
Over 290,000 injuries are caused by car accidents every year in the UK, the main cause being human error, which accounts for 95% of road accidents.
We have a range of services that we offer to people who have been injured in a road accident that was not their fault:
Compensation expertise from personal injury solicitors who specialise in a range of injuries, including whiplash, head injuries and back injuries.
- Free replacement car
- Free vehicle repairs
- Free legal advice and assistance for both car accident and motorcycle accident casualties
The chances are high that a driver will be involved in a car accident sometime in their driving life, whether it is their fault or not. We help people who have been injured in a car accident that was someone else’s fault get compensation for their injuries and for the financial losses they have suffered.
Cost-free compensation
We understand that many people worry about the costs incurred by legal proceedings, but you undertake no financial risks when making a compensation claim with us. You will not be asked to take out a loan, and you will not be liable to pay any costs or fees whatsoever, whatever the outcome of your car accident claim.
Some companies can take up to 40% of your compensation in deductions. We guarantee you will receive every penny of the compensation you are awarded – no deductions.
Free legal advice after a car accident
If you have been involved in a car accident that was not your fault, take advantage of our free, no obligation legal advice. We will give you a free claim assessment and answer any questions you may have about making a car accident claim.
To find out more about making a no win, no fee compensation claim with the car accident experts, get in touch with us today. We’re here to help you 24 hours a day and will gladly answer any questions you may have.
If you have been injured in a car accident that was not your fault, we can help you get compensation for your injuries and the losses you have suffered as a result of the accident. Click here to make a claim…
Source: You Claim
Aug/090
Claim back 3 times your tenancy deposit from your landlord
Calling all tenants! If your are letting a property from a landlord and are concerned that your deposit has not been placed into a tenancy deposit scheme you can now make a claim to the County Court to receive your deposit back in full. On top of this your landlord will owe you 3 times your tenancy deposit as compensation.
If your deposit is not in a safe and recognised tenancy deposit scheme within 14 days of you giving it to the landlord your assured shorthold tenancy agreement becomes unenforceable, which mean it is more difficult for a landlord to evict you. The usual 2 month rule will not apply and the landlord will need to revert back to the 17 grounds for eviction/posession (such as if the mortgage on the property was granted before the tenancy and dictates the date on which posession should be taken back by the landlord).
Your landlord has a duty and responsibility to follow the correct procedure. If he/she does not do this then you, as a tenant, are not being treated in a way which has been clarified by law. YOU ARE ENTITLED TO COMPENSATION!
Tell us a little about yourself by filling out the form below and our partnering firm of solicitors will contact you to discuss in more detail. THIS IS A FREE SERVICE AND THEY WORK ON A NO WIN NO FEE BASIS.
Update (24/08/09): We have recently learned that if your tenancy agreement has memorandums attached to the back of it you may be able to make numerous claims. The largest claim we have received so far is for a tenant who had lived in a property for 3 years and had renewed his 6 month teneancy 5 times. He is now in line to receive compensation totalling around £16,000 as a payout from his previous landlord.
Aug/0927
Miner’s Knee claims - New advice on making a claim
The Secretary of State for Work and Pensions, Yvette Cooper, today said that coal miners suffering from miner’s knee should be able to claim the newly available Industrial Disablement Benefit. As the condition is compounded by repetition of a period of time, the criteria for claiming is that the miner has worked as a miner for 10 or more years.
As of 13th July miners who now have osteoarthritis of the knee can now also claim.
However, unlike with Vibration White Finger (VWF) - a common cause for claim and complaint in the 90’s, the DWP are now recommending that claimants contact Jobcentre Plus website directly to find out if they can claim. Consumer Help has reservations over the effectiveness of going through a Government body to make a claim that will ultimately be coming out of the Government kitty.
Would it be wise to trust another Government body? Will they act on your behalf in the same stubborn way as a solicitor would? Will your claim be settled as quickly and efficiently as with a solicitor? These are all the questions we have been asking ourselves since the story broke earlier this month.
At the same time, we can also appreciate why the DWP are recommending going through the Jobcentre Plus. “In 2008 Jim Beresford and Douglas Smith, of Doncaster-based Beresfords Solicitors, were struck off for taking millions of pounds of compensation payouts given to sick miners.” Source: BBC News
Jul/090
Job Centre Plus Miners Knee
Tell us which solicitor you used dealt with previously for your miners claims and we will contact you right back with details of how you can make a claim for Osteoarthritis (Miners Knee), if your previous miners claim was wrongly undersettled, and anything else you could be entitled to. You do not even need to have made a claim previously to be entitled to receive compensation.
Coal miners in the UK who worked in atrocious conditions in the late 70’s and 80’s should receive more compensation. It was reported earlier this month that coal miners with 10 or more years service can claim Industrial Disablement Benefit if they are one or more of a range of medical conditions affecting their quality of life. Conditions such as: Miners Knee, Osteoarthritis of the knee and Vibration White Finger are all included in the criteria for claiming this new benefit.
Job Centre Plus Miners Knee claims are set to go through the roof - and rightly so. Local experts in mining hotspots from times-gone-by are predicting that news of this new beneifit will spread like wild fire through the mining communities and the criteria for claiming should be met by the vast majority given that mining was a lifetime career for most.
On top of this, compensation for the new medical conditions which are now being linked back to the work conditions should be increased or at least separated from previous claims for VWF or anything else. On top of the basic right to claim, the fact that miners were receiving less compensation for their earlier claims due to fraudulent solicitors taking part of that compensation. Now, the Job Centre Plus are emphasising that all ex miners should use them to ‘apply’ rather than ‘make’ a claim.
Jul/091
Estate Agents Pay Buy to Let Landlord Compensation
Large capital-based solicitors, Foxtons, were told by High Court Judge Mr. Justice Mann that many of the charges they imposed on their landlords were unfair. This, after the Office of Fair Trading (OFT) had decided that the charges broke some of the consumer regulations back in 2008. The OFT then asked the High Court to uphold their decision on the basis that the Foxtons small print included clauses which could be considered a “trap”.
The three main clauses that Mr. Justice Mann said were unfair were:
that Foxtons should be paid full commission for selling the property to the tenant, regardless of whether or not it was them who placed the tenant in the property
that Foxtons estate agents could continue to demand “renewal” commission from a landlord if a tenant stayed on past the initial tenancy period whether they were involved in the extended stay or not
that, even when Foxtons had sold a property on behalf of the buy-to-let landlord, they continued to request commission payments from the landlord for the remainder of the agreed period
The Office of Fair Trading, obviously delighted with the decision, exclaimed: “This ruling sends out a clear and unambiguous message that businesses offering services need to ensure unexpected or surprising terms are not hidden away in small print. Contracts need to be written in clear and straightforward language with important provisions, particularly those which may disadvantage consumers as in this case, given prominence and actively brought to people’s attention.”
The complaint made against Foxtons were largely down to a general protest from landlords about the way in which they were being treated by their agents. They recognised that the OFT had powers to act under the 1999 Unfair Terms in Consumer Contract regulations and Foxtons were disciplined.
When ruling, the judge said landlords would be “astonished” to find they had to pay Foxtons commission for the sale of a property, even if the agency had played no part in the deal. It is believed this problem could be a lot more widespread than initially though and could effect hundreds of thousands of buy to let landlords throughout the UK.
If you are reading this and you have any buy to let properties and feel you have been misled or had unfair charges brought to you, you may want to contact Buy to Let Compensation who can help you make a claim.
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