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olrac123

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About olrac123

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  1. Well that was quick! Many thanks for these replies....A few questions. Does the fact that the house is in Scotland make any difference in the eyes of the law? Scots Law differs in many areas but not sure about property. Would you reccomend getting in touch with the Estate Agent to enlighten them of their "precarious" situation? I will need to check through my old paperwork for the first evaluation from the Estate Agents in 2010. Since then they have also gone bust so cannot approach them for the paperwork. would the evaluators that carried out the evaluation work in 2010 still have a record of this? hope so because it cost about 500 pounds. worthy of mention - the original house for sale web adverts from 2010/2011 are still available to be viewed on the internet. They show the same house in detail along with "offers over" 170K- is that of assistance to my argument? Many thanks.
  2. Hello All, The usual story of not being able to keep up NR mortgage payments since the big bang. We put our house up for sale to try and pay NR back but there were no takers. The house was advertised with a local west coast estate agent for one year. Last summer we decided to move out and sent the keys back to NR. Repossesed now by NR. Now the property is being remarketed by another "local" regional estate agent. The main grief is the price difference. Our property was valued at 185K in July 2010. Now in January 2012 the asking price is offers over 77k. It also states in the advert from the estate agent that the home evaluations is only 85K. The property has been well maintained and was a new build in 2003 (Farmhouse conversion) so surely this is not possible - a differerence in value of 100K in the space of 14 months? We are legally responsible for the short fall but does the NR not have a legal obligation to get the maximum value for the property? Are the Estate agents being complicit in this to get a quick deal, and can we take any actions against NR and /or the Estate Agents to rectifiy this price difference? Many thanks.....
  3. Hello -I have put in the details of the court reference, the pursuant, and my name. nothing comes up. However there is a open decree awarded against me in favour of the RBS (2008) and this does not show either -so still puzzled...
  4. Hello -this will only show small claims decrees? Am I right? (the website listed above) I am dealing with a larger claim of 12K which is disputed. Where would a granted decree show up for that amount? Thanks!
  5. Hello All, The date of the court hearing has now passed but due to a recent operation on my knee I was not able to attend. I have not received any paperwork updates from the court or from the Clydesdale. If they have been succesfull in their court case where would I be able to check if they have an open decree against me? Many thanks
  6. Hi Ida - what are the consequences of NOT paying the Council Tax? I have open decrees and defaults coming out of my ears so I am not easily phased - however we are planning to travel occassionaly back and forth of course as family are still in Scotland but do NOT want to get arrested at the passport control on re-entry! any ideas on that? As far as I am concerned NR are now in charge. Many thanks!
  7. Hello -we had substantial arrears in the mortgage and after several months of letters,threats etc from NR. We had already put the house up for sale last summer and there was very little interest in it. So after a year of no sale, all these things combined we decided to call it a day. No job, little income, downward spiral etc -so we posted recorded delivery the keys back to them after moving out. We did not sign any handover documents etc. So we have no access to the house, we have sent all the sets of keys back to them. This was in July 2011 -do they automatically take ownership at that point? Many thanks!
  8. Hello -the property is completely empty, the power and phones are disconnected. There is not a scrap of furniture in the house. all rooms are bare of any habitation. Cheers
  9. Hello all, posted previously regarding considering moving out of our house and returning keys to NR. Well we did this and the keys were returned to NR in July. I informed the Council Tax people who asked us to take photographic evidence that the house was empty (done) and this has been submitted to their office in July. Now we have received a letter from the local Council Tax office stating we owe them money as we are still (in their opinion) responsible for the house, irrespective of returning the keys, therefore responsible for the council Tax. Where do we stand in regards to this point? We do not live in the UK anymore. Many thanks,
  10. Hi M1_ done exactly as you have said. Now I will await the paperwork to arrive here and then it is on and upwards. Thanks for the guidance here it is very useful.... Cheers, David
  11. Hi Brig, There lies the problem. I would need to source a Scottish lawyer, go through the case with them and then there are costs to defend an action that should not even be heard. I am not planning to travel to the UK to defend this in person either. Basically I need to submit enough evidence to the court that convinces the sheriff to stop the proceedings dead. I really do not want to be sucked into paying lawyers for something that is cut and dried as this. Is there a "free" consultation in Scotland that I can approach? I am going to submit the defence paperwork, pay the 80 pounds and also submit a statement of the facts. Hopefully that should at least trigger an attempt by the court to investigate further the fact that they do not have jurisdiction to sit on this one. If anyone can suggest a better route I am all ears....... Cheers; David
  12. Phoned the Clydesdale lawyers who stated that as the Sheriff officers had already served the papers the court action would continue. So therefore I must defend it. Do I state in a written explanation to to the court that as I have lived abroad for the past 11 months they do not have jurisdiction or do I just submit the Form for defence and include the 80 pounds payment? Would I provide proof of French residence at this point or wait until this is called for? As the Clydesdale cannot win this one, what are the consequences for them when the case is thrown out? Thanks, David
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