Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    kieran3032 Novitiate

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    Default RBS charge on house

    Hi All.
    I'm new on here, so please forgive me for any mistakes I may make.
    I can't find a similar problem to mine, so that's why I am starting a new threadicon.
    It's a long story, but in simplified terms, this is what has happened.
    My mum had a loan with the R.B.S. My brothers and I were paying it on her behalf for a few years as it was secured on the family home, and she had since emigrated.
    Sometime in 2001 my mum got a refund cheque back from the R.B.S. for approx £300 (I will look for the paperwork soon). I cease to make payments as I assume that the loan is paid.

    There has been NO correspondence in the following years.
    Fast forward to 2003. In the proccess of buying my mum's house from her their is a charge on it for approx £7600 the solicitors for the R.B.S say that it has to be paid before the transfer can take place. My mum lets it come out of the money due to her to let the sale complete.
    I phone the R.B.S on my mums behalf, they say that as far as their records can see, it was paid off in 2001 like I said. They ask me where the witheld £7600 was sent. I phone THEIR solicitors they are not doing anything apart from trotting off well worn stock answers.
    When I get anywhere, the person I have been dealing with inevitably leaves the company, goes on holidayicon e.t.c and I'm asked to send photocopies of all the paperwork yet again.
    I get really stressed dealing with it and leave it for months at a time because I get frustrated with situation and need to get on wth life.
    Anyway, the last letter I received from the Solicitors said:

    26th April 2006

    Dear Mr xxxxx

    The Royal Bank of Scotlandicon Plc

    We write further to your recent call to these offices and copies of correspondence sent to us.

    We have now had the oppurunity of reviewing our file and the copy correspondence sent ot us. Although a refund may have been made to your mother(Mrs xxxx) in September 2001, from the statements we hold on this file this refund should have never been made as at that time the liability had not been repaid in full.

    Our clients hold no information to suggest that the liability was fully repaid in or around 2001. The schedule of payments we hold on file suggests that at he period in question, substantial sums remained outstanding.

    We trust the above satisfies matters. However if you have further queries please do not hesitate to contact us.

    Yours faithfully

    xxxx


    Hope this is making sense for anyone with the patience to read it:o

    I am not saying that they are wrong, but what do I do next? The solicitors ambiguous "substancial sums remained outstanding " does not instill a lot of confidence, surely they know EXACTLY how much was owed. Is it normal to owe so much money and not have the lender ask for it back after previously paying it every month for years?

    I would be grateful for any help in this matter.

    Thanks

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  2. #2
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    sleepz Novitiate

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    Default Re: RBS charge on house

    Sounds a bit strange to me.
    It seems like the RBSicon and their solicitors are both saying two different things.

    I think what I would do would be to send of a Subject access requesticon, and get past statements from the bank for the loan. At least with these in hand you'll know for sure that you have paid off the loan or what there is left to pay.
    Once you know that for sure, you can continue from there. It's certainly not like the RBS to not chase money owed to them (after one missed payment, never mind a couple of years).

    01/08/06- Royal Bank of Scotland - S.A.R sent
    24/08/06- Royal Bank of Scotland - Statements Received
    31/08/06- Royal Bank of Scotland - 1st Request sent
    13/09/06- Royal Bank of Scotland - LBA sent
    23/09/06- Royal Bank of Scotland - Offer received £1544 (Thanks but no thanks)
    02/10/06- Royal Bank of Scotland - *WON* Full settlement

    07/07/09- First Plus PPI - S.A.R sent
    18/07/09- First Plus PPI - S.A.R received
    22/07/09
    - First Plus PPI - Initial request sent

  3. #3
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    kieran3032 Novitiate

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    Default Re: RBS charge on house

    Hi,
    Thanks for the advice. I will get on with that straight away.
    I have not known what to do about this for so long. This site has given me hope that it can be dealt with once and for all.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE