Council sale forces resident to trespass

Mark Durant outside his homeWhat would happen if the land that you walk on to get to your front door was sold to someone else?

That's the question that Essex homeowner Mark Durant, 41, is being forced to ask after the local council sold the front garden he had been renting for 25 years.%VIRTUAL-SkimlinksPromo%

According to the Daily Mail, Durant and three of his neighbours are locked in an "anxious waiting game" as a result of the sale of the strips of land, which forces Durant to trespass just to get to the front door of his property.

The four strips of land in Marine Parade, Beck Road and Zider Pass in Canvey, Essex, were sold at a London auction in February for £4,800 to a private bidder after Essex County Council put them up for sale.

And at this point, the four families affected, who were outbid at the auction despite clubbing together to buy the land, have no idea who the new owner is or what he or she plans to do with their gardens.

"What if the owner refused to let me access my own home?" Durant said. "What would I do?"

His neighbours, all of whom had also been renting the strips of land sold as a single lot, are equally worried.

Mike Bering, 61, of Marine Parade, told local newspaper the Echo: "Since the auction we have heard nothing from the council and are still none the wiser about who owns it. It's just a waiting game to see who turns up and what they decide to do. We have no control over it."

However, Essex County Council argues that the homeowners knew their gardens belonged to the council and could therefore be sold at any time when they bought their homes.

An Essex County Council spokesman said: "While we appreciate the residents' situation, the land concerned is Essex County Council land, and this would have been made clear when the houses were bought. Once the sale is complete the owner's details will be a matter of public record at the Land Registry."

To prevent a similar situation arising at your home, the lesson here is therefore to check that you own, or have first refusal on, and land that accesses a property before agreeing to buy it.

You can also find out more about trespassing laws by visiting the Crown Prosecution Service website.

10 consumer rights you should know
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Council sale forces resident to trespass

The law states that any goods you buy from a UK retailer should be of satisfactory quality, as described, fit for purpose and last a reasonable amount of time.

This applies even if you buy items in a sale or with a discount voucher. You may have to insist on these rights being respected, though.

Useful phrases to use when you want to show you mean business include, "according to the Sale of Goods Act 1979" and, if it's a service, "according to the Supply of Goods and Services Act 1982".

Some shops will allow you to exchange goods without a receipt, but they can refuse to should they wish.

If the goods are faulty, however, another proof of purchase such as a bank statement should work just as well.

If you attempt to return goods within four weeks of the purchase, your chances of getting a full refund are much higher as you can argue that you have not "accepted" them.

After this point, you can only really expect an exchange, repair or part-refund.

The updated Consumer Credit Act states that card companies are jointly and severally liable for credit card purchases of between £100 and £60,260 (whether or not you paid just a deposit or the whole amount on your card).

Anyone spending between these amounts on their credit card is therefore protected if the retailer or service provider goes bust, their online shopping never arrives or the items in question are faulty or not as described.

Start by writing to the agency asking it to either remove or change the entry that you think is wrong. It will investigate the matter and find out whether you have been the victim of ID theft or a bank's mistake.

Within 28 days from receipt of your letter the agency should tell you how the bank has responded. If the bank agrees to change the entry, they will authorise the agency to update their records. They should also send updates to any other credit reference agencies they use.

You can also contact your lender directly to query a mistake. If the lender agrees to the discrepancy, ask them to confirm this in writing on their letterhead and send a copy to the agency, asking them to update your file.

The FOS settles disputes between financial companies such as banks and consumers.

If a financial organisation rejects a complaint you make about its services, you can therefore escalate that complaint to the FOS - as long as you have given the company in question at least eight weeks to respond.

The FOS will then investigate the case, and could force the company to offer you compensation should it see fit.

Bailiffs are allowed to take some of your belongings to sell on to cover certain debts, including unpaid Council Tax and parking fines.

They can, for example, take so-called luxury items such as TVs or games consoles. However, they cannot take essentials such as fridges or clothes.

What's more, they can only generally enter your home to take your stuff if you leave a door or window open or invite them in.

You are therefore within your rights to refuse them access and to ask for related documents such as proof of their identity. If they try to force their way in, you can also call the police to stop them.

Private sector debt collectors do not have the same powers as bailiffs, whatever they tell you.

They cannot, for example, enter your home and take your possessions in lieu of payment.

In fact, they can only write, phone, or visit your home to talk to you about paying back the debt. As with bailiffs, you can also call the police if you feel physically threatened.

Thanks to the Distance Selling Regulations, you actually have more rights buying online or by phone than on the High Street.

You can, for example, send most goods back within a week, for a full refund (including outward delivery costs), even if there's no fault.

You will usually need to pay for the return delivery, though. The seller must then refund you within 30 days.

We enter into contracts all the time, whether it be to join a gym, switch energy supplier or take out a loan.

In most cases, once you've signed a contract, you are legally bound by it. In some situations, however, you have the right to cancel it within a certain timeframe.

Credit agreements, for example, can be cancelled within 14 days. And online retailers must tell you about your cancellation rights for any contract made up to stand up legally.


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