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res123

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  1. Greetings All, I am hoping to seek crown wisdom on a longstanding issue with RBS. I was bankrupted some time in 2017 as I was unable to keep up with debts due to severe health issues, and over my objection the Trustee handed over control of my investment flat to RBS, so RBS can dispose the asset and recover the amount owed and return any excess to the bankrupt estate. The property was occupied by a tenant. I was bankrupted under Bankruptcy Scotland Act 1985 and was discharged shortly thereafter. As I understand it, RBS has failed to evict the non-paying tenant or dispose the asset. Most importantly, despite my bankruptcy, RBS is reporting me late to the credit bureaus so I cannot move on with my life. I have complained to the trustee (who appear to have washed his hands from the whole affair), and RBS has previously claimed that it has a contractual agreement with me and they will continue to report. This can't be right, because reporting late to the bureaus appear to me to be a form of diligence or collection exercise and appear to violate the letter and spirit of the law, as bankruptcy is supposed to give the bankrupted person a chance to rebuild etc. I am literally held hostage to the situation. I have worked very hard to get back on my feet, but my ability to rebuild credit etc to avail myself of better opportunities is being hammered by this late reporting. Any thoughts? Thanking you all in advance.
  2. Thank you, guys. Please bare with me as all of this is "French" to me. I have the exact date of withdrawal, which is the same day the solicitors issued a letter explaining the reasons behind the withdrawal. If I have to hazard a guess, I am probably going to deal with a low level customer service rep who is either going to give me the run around or won't understand what I am after. To be clear, I unsuccessfully tried this few months ago but my need wasn't as urgent so I let it slide, this time it's different. If I am going through this SAR thing, do they automatically give me every piece of information they hold? I suspect that would be a LOT. I have been banking there for over 20 years. I have never done this sort of thing before and was wondering if there were certain things I should do to ensure that 40 days are not just pi**ed away. Appreciate any further feedback in this regard.
  3. I am unsure if this is the right venue for my question. Please feel free to refer me elsewhere if I am mistaken. I require some help in asking my bank to furnish certain documents. Two years ago, I took a fairly large withdrawal from my bank. Bank asked for an explanation, and the solicitor provided a detailed response through a letter from their firm and there were no issues. The legal firm is no long operational and I require copy of that very document that was provided to the bank for an audit. It is essential that I get this document and I am unsure how do I go by receiving it. Do I make a freedom of information request? Do I call the bank and just ask this document? This was not a bank form but merely a letter from solicitors confirming why such a withdrawal was needed. Can someone please help me out.
  4. I have received correspondence from Barclays. I was surprised as the response was sent efficiently. In essence, they state their internal investigation suggest that we weren't affected as they don't use LIBOR to set all loan. I suppose they are suggesting that LIBOR wasn't used to calculate any of our interest rates. Furthermore, the response points out that this is their final letter and they cannot say anymore about the subject including their findings or anything of that sort as part of their agreement with authorities. It gives me option of taking the matter to Ombudsman. I do plan to take this to Ombudsman, as I think it isn't enough to take Barclays word for it, especially that they accepted liability to authorities and they accept they took part in manipulating LIBOR, in the letter they sent. I had asked them to provide details of mechanism as to how they calculated and quoted interest rates and if that had anything to do with ERP, commissions or any up front fee. They are quite brief in saying that our loan wasn't affected. Now, there is a very high chance that Barclays is correct in its finding. However, the issue remains of credibility. In the past, they represented to their counter parties that their reporting of LIBOR was correct, which wasn't the case. Now they represent that our loan wasn't affected. Though they may be right, I am taken back a bit that they wouldn't reveal any more information. Let's see if Ombudsman can get me the answers I require. I am prepared to accept that in the end Barclays is probably right, but I think they should be more transparent especially after the LIBOR affair.
  5. Hi All, As a business, we borrowed funds from Barclay's by pledging property as security. We fell behind on payments as a result of cash flow issues. I have not seen the clause, but I am sure Barclay's is within their rights to demand that we pay the entire loan off. A sum we cannot afford to pay in its entirety. I had concerns that our loan may have been affected due to LIBOR manipulation. I wrote a detailed letter to the bank manager after receiving their demand letter that I need a detailed explanation of any part that LIBOR may have played in calculating interest rates, early repayment penalties, any origination fee collected up front or paid to third party in commissions as we used a commercial mortgage for this loan. 3 weeks later, Barclay's responded that their internal investigations have discovered that our loan was not affected by LIBOR fiasco as they don't use to LIBOR in all of their loan products. They added that this is their final letter and included information on how to get in touch with Financial Ombudsman. They also added that as part of their settlement with authority they cannot add any further on the details. I assume that includes the detailed information that I requested, they also added that this is their only and final correspondence on the matter. Now, I am sure they will start repossession proceedings at some time in future (I assume they will be swift). How does one really know if Barclay's is representing the right picture? Does one take their word for it? I was actually planning to use this as a defense if we were to reach the courts, a reality we have to face at some point. Any suggestions on this? Thanks, Res
  6. Thanks! That was very helpful. The more I think about this, I think that at some point I have to take him to court anyway for arrears. In that case, I am not sure if I can deal with this on my own as I have a stressful full time job that requires being on the road hundreds of miles away from home. Can you recommend any economical but good solicitors, that will move speedily. I know it sounds horrible, but I am just afraid of messing things up. I was in court few weeks ago for a speeding ticket and a tenant's case was being heard. I felt terrible for the landlord. The landlords were elderly and the rent was supplementing their retirement money. They were representing themselves, the tenant came up with all sort of excuses and the sheriff ended up ordering that the entire process need repeated as the elderly couple missed certain details. It was terrible, so am not trying to fall in the same trap as I am a novice at this and the tenant's comments that he would claim that he paid cash are very discomforting. If you can kindly recommended a solicitor in Glasgow area that would be great. That will save me from picking someone random from the net. One last question? I have lost my key to the flat. What if I were to change the locks, and put a note on the front of the door that please contact me to collect an extra pair of key? I am not attempting to wiggle my way out of my lawful obligations, but I like to at least have the keys to my own flat. Thank you again for your massively helpful posts.
  7. Thanks! That was very helpful. The more I think about this, I think that at some point I have to take him to court anyway for arrears. In that case, I am not sure if I can deal with this on my own as I have a stressful full time job that requires being on the road hundreds of miles away from home. Can you recommend any economical but good solicitors, that will move speedily. I know it sounds horrible, but I am just afraid of messing things up. I was in court few weeks ago for a speeding ticket and a tenant's case was being heard. I felt terrible for the landlord. The landlords were elderly and the rent was supplementing their retirement money. They were representing themselves, the tenant came up with all sort of excuses and the sheriff ended up ordering that the entire process need repeated as the elderly couple missed certain details. It was terrible, so am not trying to fall in the same trap as I am a novice at this and the tenant's comments that he would claim that he paid cash are very discomforting. If you can kindly recommended a solicitor in Glasgow area that would be great. That will save me from picking someone random from the net. One last question? I have lost my key to the flat. What if I were to change the locks, and put a note on the front of the door that please contact me to collect an extra pair of key? I am not attempting to wiggle my way out of my lawful obligations, but I like to at least have the keys to my own flat. Thank you again for your massively helpful posts.
  8. Hi There: I thought I misplaced my tenancy, but finally found it. The only person named on the tenancy is father who is no where to be found. The guy who opens the door claims to be the son, I can prove or disprove that. He isn't on my tenancy, isn't this trespassing? Can I not get police involved as I have no idea who this guy really is? If not, Here is what my tenancy's irritancy clause: "If at any time the rent (or any part of) is unpaid for 14 days after becoming due (whether or not formally demanded) or if the tenant becomes bankrupt or compounds with his creditors or if any of the terms of this agreement are not implemented or any of the prohibitions or conditions thereof are contravened, or if any of the circumstances mentioned in Groungs 8, 11, or 12 to 16 inclusive of Schedule 5 to the housing (scotland) act 1988 shall arise, then the landlord shall be etitled (in addition to any other right) to terminate the tenancy fortwith, provided that he gives tenant at least twenty days notice in writing of his intention to do so. This clause indicates that I only need to give a 28 days notice v. the 40 days notice you mentioned above. If I can't enforce the clause then what's the point of it in my tenancy agreement? If I have to serveAT6_Form (2).pdf AT6 form which I have attached to this post. What do I specifically put in part 2, 3, 4, 5 where it speaks of grounds upon which I am relying to take possession. I am getting concerned that I may mess things up by trying to do this myself, should I be looking for a solicitor. I was really hoping to avoid it but this is turning out to be a stressful episode.
  9. Thanks for this. Here is something I noticed, the way things are, I don’t see him collecting recorded deliveries or even summons. Essentially, he is going to claim he never received any documents. I’m self managing this flat so have to either do this myself or have a solicitor do it for me. I don’t want to give him any other chances. Here are few more questions, if you don’t mind, please. The lease initiated in Sep 2011, I believe my lease states that it will continue on a monthly basis. I read it elsewhere on the web that Scottish Short assured tenancy continue for the same period if it’s not ended. I hope that’s not the case as that will give him additional 6 months. Do you know anything about that? I also read that its actually a 60 days notice if there is an AT6 involved (I hope I am mentioning the correct form). If I give him these notices, they must have certain language, can you recommend drafts please and what happens if he doesn’t take recorded delivery and its returned to me? I know he is being selective about what he does and does not collect. It’s apparent to me that he’s going to massage the system to his advantage and unfortunately for me, he is a private paying tenant. This is a bit of a lesson that all private paying tenants are not a good bet and all DSS tenants are not bad bets. Again, thanks for your help. I plan to visit him tomorrow for the last time and serve the notices you mentioned.
  10. My tenant is in arrears for over three months now. Unfortunately, I have lost the spare key to the flat but the tenant refuses to answer texts, emails, phone calls or open the door when I went to the flat to discuss the matter. I am learning his son lives with him too, who isn't on the lease. The son opened the door once (which I think was by mistake), and started making all sort of stories that he hasn't seen his father and his nervousness gave it away that dad is either inside the house or that the son was covering up for him. I'm really worried, as I am paying mortgage out of pocket and its a hefty one. I told the son that I am going to start the eviction process and he had the guts to tell me that they will claim that they have been paying me cash (which isn't true). They did pay cash only once which was at the beginning of their tenancy. I am not sure if he said that to **** me off or he meant it. I can only imagine that this lot have made up their mind to not pay and play hard ball. I never had to deal with something like this. I have tried going to the flat at various times and posted polite message at the door to return my call, but to no avail. Can someone please provide some guidance on how to deal with this? Arrears are now in the region of £2400. Thanks.
  11. Thanks for your response. The ticket was given by a local authority. Specifically, Reading Borough council and the care was parked in Reading, Berkshire.
  12. Hi there! I had a parking violation. The car was registered under my brother's name. I misplaced the ticket and he never received the registered keeper notice. The total charges are increased to 105. Initially, they were 35, and were suppose to be 75 if he received the first notice. My brother never received the registered notice but have received the final notice which is threatening with court proceedings. Can you please advise what can be done here? The county that I received the ticket is in the other part of the country from me.
  13. Hi All, My elderly uncle owns a flat in Scotland. The factoring or the management company of the building have been charging an arm and a leg. He's been unable to pay or refuses to pay and I think the company is overcharging. It turns out there was water damage to the flat. The management company is responsible for insurance and when the insurance claim was made, before passing on the check, they deducted their past due amounts. Can they do that without my uncle's consent? Also, my uncle is obviously paying for insurance through his management/factor fee. He requested they provide the copy of insurance contract for his records, but its one excuse after the other. What can we do to get a copy of insurance... is there any law that requires them to provide copy of insurance details once requested. And can you please answer my query above about them deducting the past due amounts without consent from the insurance claim.
  14. Thanks for your suggestions. I like the idea of writing to the CEO. I have tried looking for the email on google and haven't been able to. Does anyone have an email address or mailing address for the Executive/CEO office?
  15. Hi Brigadier: I have never done this before. What sort of interest, and compensation is reasonable in this case? I have no clue where to start, really. When we opened the account we mentioned that turnover may be in the region £35-40K per annum (best guess, really). I be happy with getting back the funds, but it's been easily over two months now. Any suggestions on interest and compensation figures?
  16. Thank you to all who responded. Here is a letter I wrote to Bank of Scotland: "Dear Sir/madam, I am writing in relation to ABC, Ltd. As a director, I opened an account few weeks ago. I was given online access but forgot the password and was locked out of my account. I called to reset the password a few times but the bank never sorted out the issues. Before the password lockup, there was a deposit made in the amount of £2000. I’ve now learned that the bank ceased the trading account. I find this unjust and unacceptable. The bank is putting undue pressure on our small business. After getting fed up with the service and being able to resolve the online banking issues, I went to a local branch with my identification and requested that bank close the account and refund any deposits. The bank denied my request and the account remains ceased besides my best efforts to resolve the matter. I am requesting that bank closes the account and returns the funds as a matter of urgency or we will escalate the matter to Financial Ombudsman office. Furthermore, we reserve the right to bring any legal action against Bank of Scotland seeking compensation for putting undue pressure on the business by withholding these funds. I am hoping to get this issue resolve expeditiously and I anxiously await your written response confirming the receipt of my complaint. Best Regards, This is before I posted on this forum hoping to get some sort of result. Instead, they've stuck to their ground and have asked us to either provide what's being asked or feel free to take the matter to Ombudsman's. So, the relative is able to provide the receipts of the copy of settlement statement of a past transaction before the company was handed over to us. I am reluctant to provide this particular item to appease them. A part of me thinks it will open more can of worms and raise their unreasonable demands. Should I accept this as there final response and proceed with Ombudsman's office or write one final time explaining there was no receipts as the money is being held hostage. As always, I appreciate the advice.
  17. Thanks for your response Elsa. BOS didn't ask us to prove where the money came from, they want receipts of the business. The company was incorporated some time back by a family relative who actually lent the £2K. I am confused by their demand, as I cannot understand the intent behind it? They want receipts/invoices and won't budge. I've now spoken to family relative who did purchased and sold a piece of land and may have invoice of that. I am reluctant to give them anything that they may turn around and use against me (I don't have anything to hide). Its just that when I opened the account I informed them what I plan to do (sell goods on ebay). Instead, they will see an invoice of land purchase/sale and make my life harder as the relative is now getting a bit annoyed that I am being too intrusive in their business where all they wanted to do was to help me, and gave me their company (after taking care of their affairs) so I don't incur costs in setting up. In short, they have given me their final response letter saying that either provide what's being asked or take the matter with Ombudsman's office. The Ombudsman's website states that it may take up to 6 months. That is an awful long time to get our own funds back.I wonder if emailing the C.E.O is a good idea or am I going to be sent back to the same department. C.E.O's can typically help expedite the process but not change the decision made by low level security department. Any other suggestions? Thanks, res.
  18. Hi All- First of all, I want to thank all of you for being very supportive and have such a great forum. We opened a Ltd company (very small business) account with Bank of Scotland. They asked questions over the phone and the director (a relative) told them the intention is to trade on Ebay. Account was all set, we deposited £2000 in cash and we received username and passwords in mail for online banking. Unfortunately, online banking password didn't work and were directed to call customer service and the troubles begin. The security questions they asked were apparently not answered correctly. They ceased the account and blocked online access and are requesting receipts/invoices of business. The problem is that £2K was suppose to be used for buying merchandise hence no receipt and I didn't think they could request that for us to access the account. We subsequently requested they close the account and refund the money back under company's name so we can open account elsewhere, but they insist that they must get requested documents before releasing funds, closing or waiving the cease. I filed a complaint with their customer relations and they responded within 7 days and have referred me to ombudsman's office. I am confused as to how I ended with this predicament and that its a lot of money for us. What happened here and what can I do next to recover these funds? Your advice is greatly appreciated. Thanks, Res.
  19. That would be great. I just want to make sure that if it goes against me then is it better to let go of £1800 at the outset or take a chance of getting hit with a big legal bill. Better to be prepared so I know I won't get stuck with thousands of pounds of counter party legal bills. Thanks again!
  20. Thanks for your input. In my case, I will be representing myself and I am almost certain that the other party will be represented by a solicitor. I am confident I will prevail, but the probability of failure always stands given that solicitor will have more "legal" experience despite whatever the facts may be. Having said that, what do you think about this situation? Take the risk of representing myself and facing a solicitor whose costs can be quite a bit, if I were to loose my case. Is there an upper limit as to how much can I end up paying in their legal costs, if I were to loose? Can I just decide to minimize my risk and take the small claims court route and let go of £1800. Any thoughts?
  21. Hi All- I am hoping to get some guidance on an issue where someone owes me about £4800. We had a contractual agreement where they agreed to terms and conditions over the email and promised to sign and return the documents, but besides my efforts the signed form was never forwarded but I do have emails confirming. I am owed £4800 for a lot of hard work. I am not sure but there are certain restrictions of how much money can I retrieve through small claims court. It is my understanding that the amount is £3k which can be claimed through small claims, which is the cheapest route as I will know the costs up front. The downside being that I will have to let go £1800 of rightfully owed sums. What are my options? Any thoughts. Appreciate the help.
  22. Thanks for your response. Just to be clear, this property is based in Scotland, where it is called Feuhold which is a freehold equivalent of English system. I do appreciate your feedback, but given some of the "heavy handed" and "in your face" sales type tactics of this management company, I really don't want to use them at all and rather use my own contractor. I have had the chance to speak to the guy upstairs whose flat caused the damage and he is having issues with the management company's contractor. I have sort of made up my mind of not using their contractor and the company I want to use are very reputable and have built a house for a family member. Is there a way for me to deal directly with the insurance company and circumvent the management company? I do understand that I have the choice of using my own contractor, the only thing I am struggling with is the payment to contractor as I cannot get a straight answer from the management company who is continuing to steer me towards their "in-house" contractor. Sorry, not being difficult but almost every flat owner in this block have had issues with this management company's non-transparent ways of conducting business and it is my first time dealing with them. Thanks again!
  23. Hi All- I have an issue that I am hoping to get some input. There was water damage to my flat as a result of the upstairs flats pipe leakage. The management company came along with insurance adjuster and their own contractor. I have been verbally told the damage is in the region of £6K. I didn't get a good vibe from their contractor as I saw the "winks" between him and the management company staff a few times, giving me the impression that they are up to no good or are untrustworthy. My question is can I use my own contractor? Is the management company obliged to give me the adjusters or their contractors quote (they are refusing to give me the quote). First I need to ensure exactly what work is being carried out, which I won't know without seeing their completed quote. Secondly I want to get a quote from another contractor. Lastly if I get jerked around, can I get the work started through my own contractor, saving all the receipts and invoices and get reimbursed by the insurance or they pay the contractor directly? I have also lost rent and am continuing to as it cannot be inhabited in its current state. It is my impression that management company is almost twisting my arm to use their in-house contractor and the thought of me using my own contractors puts them in an adversarial tone. Any guidance is greatly appreciated.
  24. I think the update happens within 45 days. May be someone else can shed some light on this.I am sorry to hear about the job situation. I am not sure about your situation, but mine was just strange. There was a direct debit that could not go through and it was only about £120. I do not have any creditcards or anything of that sort with HSBC, and I never knew that if an item is bounced or returned, you can be reported late. It is understandable that a bank or creditor may report you late if you had some sort of credit facility/credit card and you did not pay on time.
  25. Hi There, I am trying to help my elderly uncle. They have a statutory/regulated tenancy and have been in the same property for a good twenty years. The property was sold to the new owner, who knew that my uncle was a sitting tenant on regulated tenancy and pays below market rents. He offered my uncle money to move out, which he refused. Few months later, the landlord tells him that if my uncle does not move out, he will most probably end up in repossession and then my uncle will definitely loose his tenancy, since lenders rights would prevail. He offered them to avoid the situation and let him sell the property, he could only get market price, if my uncle was out of the property. My elderly uncle refused, as this is his home for over 30 years almost. Anyway, he then finds out that landlord is being repossessed and I suppose he was not lying after all. I do know that even the lender has to evict him. My question is that can my uncle object to the repossession and how long or is there another way to stop the eviction process given that he is 76 years old and his wife is same age. Any guidance will be extremely helpful.
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