Help - will be homeless in 4 weeks

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Help - will be homeless in 4 weeks

Postby AlbertheWolf » Wed Dec 17, 2014 12:26 pm

A gross miscarriage of justice is ongoing and I am without defense.

I will become homeless in less than four weeks. can any friend lend me a hand?

CASE SUMMARY:
1. I purchased a leasehold flat in 2005 with a former friend who had already purchased several properties and had experience in this type of investment. I had never bought a property before and at the time I was a totally inexperienced first time buyer. In February 2005 she proposed me to buy a flat she had seen for sale close to where she lived. The asking price was £155.000.

2. My friend had her own family home and she has never lived or had intention to live in the property we purchased together nor was this ever in our plan. Our intention was to buy a property together sharing the investment. She suggested that I could live in the flat we bought moving close to where she lived with her family of two sons. In turn I would be paying an equal share (50/50) in the mortgage and share any other expense.

3. During the purchasing process I had no involvement whatsoever in the conveyance and I was not in contact with the conveyancers or with the lenders for the mortgage. Following our verbal agreement I vested confidence and trust relying on her advice and guidance during the buying process assuming that she was acting for the benefit and interest of both of us.

4. My friend obtained from her solicitor a copy of the conveyance report (on 21st June 2005) in which he advised us that he was happy for us to proceed with the purchase. She then arranged for a structural survey which, like the conveyance report, was sent only to her the day before the mortgage was released (on 1st July 2005) in name of both of us. The surveyor gave also his favourable opinion with us going ahead with the purchase.

5. Unfortunately, as soon as I occupied the property (on 1st August 2005), there was immediately a heavy water ingress in the kitchen and in the main bedroom (50% of the flat) with water on electric wirings. The ceilings of several two rooms collapsed for the amount of water pouring into my home. To make the matter worse the whole building was left in appalling conditions of disrepair with no services, repairs or maintenances of any kind.

6. After two years of investigation and additional surveys arranged it turned up that the building had serious latent defects and there was a massive water ingress from the old defective roof affecting several properties including my home which was the most unlucky one. The frequent flooding continued without interruption for many years. After years of heavy and frequent flooding my home became permanently damp, gloomy and covered with black mould.

7. At the end of 2010, after almost six years of flooding in my home and a long and distressing ongoing legal battle as litigant in person with very limited or no legal counsel to get the necessary repairs I ended up losing both my jobs and was unable to get back in employment due to my health conditions. By the time the old defective roof was repaired in February 2011, I had already lived for more than five and half years with rainwater in 50% of my home and 6 or 7 buckets in two rooms to collect the dripping water every time it rained. The leaks did not stop though due to defective pipes.


8. After so long time living in these conditions of constant distress and disruption without being able to enjoy or sell the property, my health got worse. Despite the overwhelming evidence of historic disrepair, between 2013 and 2014 we were charged almost £24,000.00 for major roof and building repairs. Worried and exasperated for the expensive ongoing repair bills, at the end of 2013, together with my co-owner we decided to sell the property as the huge service charges bill increased my mortgage repayments.

9. In January 2014 I began to contact the planning department of the local council and some staff of the former conveyance solicitors to get all the documents. When I began to gather the papers necessary to sell the property, I found out that this building, where I live, was converted with no planning approval and completion certificates by the local Building Control and left with serious structural defects. One of these conversions without a completion certificate is the flat I purchased, the home where I had leaks from a defective roof and pipes for almost a decade became ill-health and unemployed. My home is in building converted without completion certificates and with latent defects.

10. Soon after, I was left in disbelief when I realised that all the documents in my conveyance were forged (lenders valuation of a different property address, lease with a crucial missing page and clauses as confirmed by the land registry, defective title not reported by conveyancer and well known latent structural defects not reported by freeholder who lied in the standard questionnaire, existence of a defective title indemnity insurance not reported by conveyancer) to cover up the truth about this building. I found also a document proving that the conveyance solicitor appointed by my co-owner was aware of the truth before he drafted the conveyance report.

11. In April 2014 I had to stop paying the mortgage for financial difficulties after I lost my jobs for my health problems and in the summer 2014 I asked a mortgage holiday as emergency to give me time to investigate and uncover the truth but I did not get any help from my lenders. In the last few months I presented two Freedom of Information (FOIA) Requests to the local council to get answers and understand how and why this building was converted into flats without a full and valid planning permission and why some of the converted flats included my home are still without Completion Certificates despite the hazards I reported for nine years since 2005.

12. I got the FOIAs’ responses in the last 8 weeks confirming what I suspected and was concealed in my conveyance. This building was converted from two houses at 34 and 36 Coombe Rd, into nine different converted flats at no.34, 36 and 38 in Coombe Road, Croydon. Two of these nine conversions (one flat at 36 and the one at 38) are not even recorded in any planning (or building notice) application and three other flats are still left without completion certificates. I also discovered that my flat is not a converted flat as described in the selling advert which my co-owne showed me in 2005 (see adv attached at the bottom) but instead it was always classified as an HMO (Multiple Dwelling Occupancy property) even when we bought it. You can read the FOIA’s responses online here:

A. https://www.whatdotheyknow.com/request/conversion_in_eight_flats_at_34

B. https://www.whatdotheyknow.com/request/freehold_property_at_38_coombe_r

13. In the last 3 months my co-owner took me to court and managed to force the sale of the property as I cannot meet anymore my mortgage payments and so the court ruled that I have to leave the property by 12th January 2015. None of the truth came out in my conveyance arranged by my co-owner. I signed the mortgage papers on the ground of what I was advised by the conveyancer and by the structural surveyor.

14. I have additional damages, costs and losses related to the property for almost £70,000.00. My loss of earnings dates back to October 2010. After many years in this situation my personal life and interpersonal relationships have been badly affected and damaged by my bad housing situation and poor housing-induced health problems. After the roof was repaired I had numerous other flooding from defective pipes until October 2014. In the last few months alone I had to call four time the fire brigades to stop the water the ceiling of two rooms are on the verge of collapsing again.

15. In nine years I have never invited my partners, friends or family relatives as I am too ashamed by my humiliating and degrading home situation. I lost the majority of my friendships, family connections and I have become increasingly isolated. I will become homeless in four weeks and I am very concerned and distressed. It will be even more difficult for me to regain my health and rebuild my career without a home

16. In mid January 2015 I will become homeless after nine years of legal deceit and housing abuse in which I lived in appalling housing conditions.
The freeholder developer lied to the local council, the conveyancer lied in my conveyance by concealing the truth. No one would have purchased the home if the truth was not concealed. I was advised to go on with the purchase by both the conveyancer and the surveyor.

Who is legally responsible for the above?

Would you please give me some advises?

I am really down and desperate,


Albert
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AlbertheWolf
 
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Joined: Fri Apr 05, 2013 11:34 am
Location: South London, UK

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