well hello everybody once more and long-ish time no q.s to ask as i now supervise cab volunteers at maidstone borough council's sooperdooper new-ish gateway offices as well as dispensing benefit advice here and there on a monday and wednesday, but good to be back on here and i do hope my old helpers are still about, are happy and well, and maybe even some new ones can assit me ?

anyway, on with the q ...

have a cl. who separated from an abusive husband 30/06/08 and claimed i.s.
in her claim she made jcp aware that she was registered as joint owner of 11 properties but failed to provide details of the value of each, or the outstanding mortgages on each.
therefore i.s claim refused on the basis that on the balance of probabilities cl. has capital in excess of £16.000.00.
cl. appealed this decision and is waiting for new date for tribunal.
cl. has taken no steps to dispose of the properties or to release any interest she may have in them, and she has not consulted a solicitor to explore this further.
i cannot see any way cl. can win this appeal but if anyone can challenge this opinion please do ...
also, cl. receives h.b / c.t.b and assures me she has notified these of 11 properties but i cannot see how she has ?

as ever all responses accepted gratefully and with a chuckle, and as ever, trust everybody is having a groovy week.

pete

OK - so what IS the possible value? What did they cost, what is the amount of the mortgages, are they let out?
Is her husband the joint owner?
Why are they in joint names - who pays the mortgages, who paid the deposit?
Has she taken any matrimonial law advice at all?

Nice to see you back Pete!

well nice to be back ariadne2
and as ever thanx for dropping by ...

2 a ur q.s ...

cl. cannot obtain details of value / cost / mortgages ?
the properties are let out.
husband appears to be joint owner.
from what cl. has stated husband pays mortgages, not sure re : deposit.
i have advised her to take advice re : matrimonial law on several occasions but as yet she has not.

jcp decision is based upon probabilities that cl. has capital in excess of £16.000.00 from equity in 11 properties.

this post has probably not been of any use to you but if you can think of anything, well, that would be swell ...


pete

ps : nice to know you're still about.

On BOP, wouldn't it be more likely that these properties are the elements of a business?

If the client wasn't actively involved in the business, there wouldn't be any exclusion on that basis but you would need to value the business, its assets and net off any mortgages etc. as well as applying the willing buyer valuation, 10% cost of sale etc.

It may be that the property slump would leave little or no value if they were leveraged to the hilt.