Hi Just wondering if any one can offer any advice on the following :

in April 2007 I had a joint mortage from the RBS with my now ex wife when we seperated in March 2008

the Mortgage was transfered in to my sole name as I was to keep the House after paying my wife out all this was agreed by our solicitors,

I was then hoping to sell my house and get a smaller place and smaller mortage:smile:

My solicitor contacted the RBS Mortgage centre on 13th March 2008 to ask for formal permission

to have the house put in to my sole name so that the deeds could be altered with the land registry ,

if this was not done I would not be able to sell my property ,

however the RBS ignored all letters from my solicitor and myself for over 18 months

and it was only when I wrote to my Branch business manager threatening to give them all solicitors costs

that a phone call was received by my solicitor telling her to go ahead and they would agree to the transfer ,

apparently according to the solicitor this was a very strange way to behave as usually reams of paper work

are sent from the mortgage lender stating what they would require,

in 20 years of practise she had never come across this how ever she guessed at what they would require

and the transfer finally went through on 18th November 2010.

After over two and a half years of waiting obviously with the housing market as it is my house

is now worth considerably less than it was in 2008 ,

the solicitors put the blame squarely on the RBS failure to act in a reasonable time

has any one got any experience of this type of thing ?

and would it be possible to apply for any sort of compensation?

Thanks sorry to have rambled on

CB

Hi CB ..I have read your thread a number of times,RBS are at fault which I am sure you are aware of,however your solicitor is not exactly without blame, 18 months without an answer from RBS ,and you instigated the action by your threats to the branch business manager

Problem" who judges the judge" as you are aware getting another legal eagle to investigate another legal eagle almost impossible ALMOST?

My thoughts are SAR to RBS get all data they hold and be specific that you require copies of all communications from your solicitor as well.Might be interesting reading,RBS could shoot themselves in their horrible foot and you I hope will be able to see just how active your solicitor actually was?

FS

Hi Firstship

thanks for the reply I know its a tricky one the solicitors have not been good with the whole thing so have made a complaint to there complaints dept and am awaiting a reply but as you say " who judges the judges "? think the sar route is a good idea , to see whats what . The RBS have been a right pain over the whole thing aswell.

CB

CB good luck with your SAR,will watch out for replies in the future from RBS..FS

Hi Fs

well The more I think about it the more I'm sure your right " who Judges the Judges " after a 9 page reply !!!!!! from the solicitors stating how they are not in the wrong with anything and charges are fair etc the senior partner has admited that he has some concerns with how the file was delt with and has made a small offer that they will not charge any more for the small amount of work to be done to bring matters to a close , this does not come close to the mistakes they have made : letters sent that did not need to be sent, threats made to the op that they could not carry out, not returning phone calls , I also asked them to let me know when the bills were aproching £400 so I could pay them with out running up masive bills all in one go the last bill was for £950.00 we have spoken to the legal Ombudsman service who advised us to make a complaint in the first place who now say they can do little to help , and we should get another solicitor to look in to the matter !!!!!!! I think the legal ombudsman service must be there to drum up work for them , ????? this is begining to look like an other industry thats not properly regulated . will now have to wait for the SAR from good old RBS and see if it shows any mistakes on either side.

Thanks

CB

I hope the SAR from RBS will show amongst many other things,just how well your legal people performed,and the dates letters where sent and what type of letter sent.

My thoughts are the same as yours,how do you find a solicitor to investigate another solicitor when the Ombudsman seems to sitting on the fence.

I am surprised your solicitor has admitted a degree of fault and offered recompense,more to this than is evident on the surface

good luck all the best FS

Hi Fs Yes i'm very surprised that they have admited some fault I think I must be missing somthing I will read through all the letters again this weekend , I wonder if any one else has had an incident like this ? I will keep you posted I think this will get interesting

CB

Hi

Well just got the SAR back from RBS very interesting no mention of any contact with solicitors at all!! ( I did request that they sent all corispondence from them) The only mention of them is when I sent the copy letters to RBS in Oct 2010 requesting details of the correct place and a named person to send documents to.

Who do you beleive ???

CB

As you are sure there are letters from the solicitor missing from the SAR,tell RBS that you require copies of all correspondence that has passed between solicitors name.......... and the RBS replies,this is data that they are required to include in your SAR request

Regards FS

Thanks for that FS I will send the letter today chasing that one up , also on all the info theres no mention of my letter to my branch manager or the fact they phoned the solicitors????

Thanks

CB

Should the lack of data continue,then inform the ICO,at present just hang on because very often all the data is not sent in one go

However write to RBS my thread page No9 and ask for this info as I feel this holds the key to the dispute and your solicitors lack of competence

FS

thanks again FS , letter will go tomorrow recorded , I agree somthing just does not make sense with all this Both parties are aparently being very cagey about things, I will update as soon as I know any thing

CB

Hi Interesting letter back from RBS :mad2:Ive uploaded it, apparently Information relating to a third party is not covered under the data protection act , this maybe the case but as this information affects me I beleive it is covered under the data protection act , I am starting to smell a big rat , any advice on what to do next please.

Thanks

CB

sar113.doc

Curly Hi.have read the letter from RBS,yes Big Rat.This is probably correct that 3rd party not covered by DPA

Will get Sequenci to comment on this.Not sure of the correct answer.

FS

Thanks for that FS a big ret indeed I dont apear to be able to find the correct guidlines from ICO all I have found uoto now is this "

Under the Act an individual only has a right to see his or her own personal information. However it is our policy is to allow someone to see information related to his or her property, providing this does not breach any third party’s right to confidentiality under DPA or the Commissioners for Revenue and Customs Act 2005 (CRCA). We do have to be very careful as documents may mention confidential information about a third party which the individual can’t see. " so any advice would be welcome

Thanks again

CB

Hi FS

well im not having much luck finding any info re 3rd party as yet , have looked at the info on the SAR again from RBS and they have included two letters from the solicitor but these are two copy letters I sent to them at the ed of last year and reading one of them it asks me to find out an address from RBS to send these papers two " as these documents have taken a long time to obtain and we dont want to find out that they have disappeared down a black hole " the more I look at the info I have the more worried I get somthing is not ringing true.

Thanks

CB

Curly Hi, Need Sequenci reply,this is an area where his answer will be helpful,I have sent him a PM. Sequenci will reply ASAP

Have read through the ICOs myself and there are paragraphs that look promising only to be rebuffed as you read further

Regards FS

Thanks fs

will await his reply , I might make more sense now i'm back on a full size keyboard lol but would'nt like to bet on it

CB

Just a quick update, Nothing further from RBS re the SAR Solicitor still insisting that all letters were sent blah blah blah however when clearing out some old papers I have found a letter from my Branch manager dated 29th August 2009 regarding some problems with my accounts and in it he also mentions this problem " I doubt wether the Mortgage Center would contribute to any of the fees been charged by your solicitor . I have spoken with Mortage Centre today and they have told Me there is no record of any letters been received , the problem will be proving that the Mortage centre has ever received one " he then advises me to make a complaint to the Mortage Center in fairness he did chase the matter up hence the solicitor getting a phone call , I wounder in it is worth asking why the solicitor didnt send letters recorded etc ??

CB

well still not able to move this forward any ideas what my next move should be?

thanks CB

Curly.Hi back again,not a lot of movement,RBS are obviously not going to supply the 3rd party letters as they term them

Going back to your original thread,how many copies of letters sent by your solicitor starting 2008 March and subsequent letters have you received? or kept? I am thinking that you should be able to ask your solicitor for all copies of letters sent to RBS/Land Registry etc.I feel sure the solicitor did very little in the way of communications with RBS over a very long period.

Sequencis must be away,lets see what other help is available

Regards FS

Hi FS, wellcome back Sequencis replyed but is ff the forum at the moment he was going to have a look at this thread, as for how many copies of letters ??? they never sent me any copies !!!!!!! , so next move my be to see if they will send me any ??

Thanks CB

well this solicitor is very confusing I wrote to them asking for a copy of some information that they kept with the deeds of the house when i bought it as the house in now on the market and the estate agents have asked for this information there reply is that the deeds were sent to Hammonds Direct back in 2007 who are Hammonds Direct and why would they have my deeds ????

CB

Bob Hi.Hammonds Direct where volume conveyancing solicitors who have now gone into liquidation,

Have a look at the website Hammonds Direct,it will give you a clue as to who is looking after their accounts

This is yet another ?? concerning your own solicitor

You really must get hold of all the letters from your solicitor and copies which they say they sent to RBS and Hammonds

Regards FS

Hi FS

Thanks for the info WHAT A CAN OF WORMS !!!!!!!!!!!!! I better see what letters they will let me have ? do you know if its common practise for one solicitor to send deeds to a volume conveyancing solicitor it sounds a bit strange and I had no idea that they had done it.

Cheers

CB