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i will try and keep this brief, split with partner (no kids) in 2004 i bought him out of property for near enough what was outstanding on the mortgage, the mortgage was in his sole name. after a couple of years he decided he wanted to claim a beneficial interest, so through a lawyer he tried to put a notice on the property, i fought this for 3 years and eventually the adjudicator at the land registry said when he sold me the house he lost all his interest in the property. Now 4 years on he has reared his ugly head again and is demanding i give him some money, could he now take me to court and win this way?
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Re: Beneficial Interest
I doubt it.Originally posted by hilda99 View Post
Either refer the oaf to the celebrated reply in the (unreported) case of Arkell v Pressdram (1971) or, if he is harassing you, seek help from the plods with a view to getting him prosecuted for an offence contrary to section 2 (link) or section 4 (link) or the Protection from Harassment Act 1997. -
Re: Beneficial Interest
Once he agreed to sell you the house was their a written contract written up? I would very much doubt that he would have any claim on the property, as with a sales of goods contract, all rights and interests on goods sold pass to the buyer when the full amount is paid, the same is for homes unless stated otherwise in the written agreement - So its important to know what was written about the transfer of interest etc in any agreement between you and your ex.
If no agreement then even better as it would be an implied term that all rights and interest passed over to you the buyer.
Basically you offered him xx amount of money for the house, he accepted and took the money in exchange for all rights and interest he had passing to you. Estoppel would have prevented him making any future claim on interest to the property as he simply can not change from having no interest then later claim he does have an interest, plus you have the adujicators decision to back you up too.
Any claim he makes against you in court would in my view have no legal basis and therefore be Vexatious
So simply respond with what Clevercoggs said, and make a point off how esptoppel would have prevented his originally claim being successfull if as it would prevent him from changing from his original stance or fact that he had no interest to making such claim at a later date that he did have an interest.
More info on Estoppel - Estoppel in English law - Wikipedia, the free encyclopedia
End of day he messed up selling the house for only the outstanding amount on the mortage after having paid the majority of the mortage, and now he realises how much money hes lost out on hes trying to get his bread and eat, but it doesnt work like that as the law is would be on your side given what you have stated - Am soooo glad he doesnt work for me, after all if he stupid enough to let you buy the house at a bargin price like that then God knows what prices he would give away my companies products for lol.
P.s. might also be worth getting a solicitor to write the letter, though a solicitor would like charge you for it - But it would give it extra legal authority making it clear to your ex, he has no chance in hell.Last edited by teaboy2; 22nd August 2011, 01:31:AM.Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: Beneficial Interest
many thanks for the replies, there was no agreement written between us, the reason why he sold it me for the mortgage value was because he basically wanted out and I had spent quite a few grand doing the place up. once the transfer had taken place, the woman he was leaving me for decided she did'nt want him so he came begging for me to take him back, the answer was a big fat NO, he was a bully and a control freak, the best thing he did was to leave me. since then and the adjudicator proceedings, i had to call the police out on numerous occassions, all has been quiet for the past 3 yrs since winning at the land reg and then out of the blue a horrible letter arrives in the post saying what a *&*&^%^ and a *(**(( i am for doing this to a really nice guy, the letter was anonymous, obviously written by him but made to look as if it was written by someone else, there were some horrible things in the letter about me having had hundreds of men etc, all things he thre at me when i lived with him, so i have now reported it to the police amd they are going round to see him!Comment
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Re: Beneficial Interest
He may have committed an offence contrary to the Malicious Communications Act 1988 - link,Comment
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Re: Beneficial Interest
I agree with clever clogs - Plus the letter may make him fall foul of the protection from harassment act 1997. Which is also a criminal offense.Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: Beneficial Interest
Brilliant, thank. Still waiting to hear back from the police they went to see him a week ago and said they would report back to me. is it worth me ringing them or should i wait a bit longer?Comment
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Re: Beneficial Interest
I phoned the police who informed me that went they went to ex partners he was not in so they left their details for him to contact them, as of yet he has'nt. They have to give him so long to reply, then if he does'nt I presume they will go back round? No doubt he will give his usual excuse that is ' he didnt receive their card'!Comment
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Re: Beneficial Interest
so annoying, not heard anything back from police, so i phoned them and the receptionist told me the ex had not been in touch with them and she will get the officer to contact me, this was 2 weeks ago so last week i rang them again and was given same info and still no one has called me back!!Comment
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Re: Beneficial Interest
Escalate your complaint to the Chief Constable, and tell your MP about the inaction of the plods.Comment
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