RBS have lost deeds to house URGENT HELP NEEDED.

[bracknellboy]

Hi

I dont know if anyone can help, but my friend has recently been informed that Royal Bank of Scotland have lost/misplaced the deeds, planning permission etc to his house which he left with them as security on a business loan in 2000.

They have suggest compensation of £250 plus the cost of replacing the deeds, although plans etc can not be redone as I understand it.

Question.

1) he has asked for £1000.00 compensation in relation to the loss, is this reasonable or to low a figure to be seeking? plus the cost of replacing the deeds.
2) what action is open to him, i.e small claims court action?
3) what if any case law is there that covers this type of senario
4) does anyone think he has a good case.

Any assistance in this matter would be gratefully received.

Thanks

[patdavies]

I was under the distinct impression that the Land Registry entry is definitive and that deeds are no longer required.

Even buying and selling, the solicitors use the LR details.

Copies of the planning permissions should be available from the Council that granted them.

[bracknellboy]

thanks pat,

so you dont think theres a case then?

[gizmo111]

Tend to agree with PAt here - but I beleive that once granted planning permission is granted it is only valid for 5 years anyway - so I would check it out with council and if thats the case take the £250 and run!

[buzby]

LRS Land Registry Scotland will reprovide the deeds at a set cost, and the bank is willing to pay this, so I doubt attempting to 'make them pay' will come to much. The banks DO lose many documents and are not infallible, hence any offer they make to ensure you are not unduly inconvenienced is usually accepted as an end to the matter.

As to the planning permissions - I assume this is plans duly stamped and approved that the building has been completed and build to specification, along with the Building Warrant? Again, the council can supply copies at cost, with an additional fee for them to be stamped etc, so as long as the bank pay for this, he'll be no worse off. I'd expect a small consideration of £50-£100 to cover his expenses in arranging for all this to be replaced.

[bracknellboy]

Ok thanks very much, I think he was looking for more compensation but it seems that the concensus of opinion is take the money and run, and get them to pay all due costs.

Thanks once again.