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    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.     A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.   https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
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RBS - letter out of the blue


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I wrote to Royal Bank of Scotland on behalf of Mrs Sam over a year ago. She had paid PPI on a credit card and she thought that it might have been mis-sold. We got a letter back from RBS which fobbed us off basically. Mrs Sam didn't need the hassle, as she is unwell, so she didn't pursue it.

 

Last week she received a letter, totally out of the blue, from RBS which states that PPI may have been mis-sold. They have asked her to fill in a questionnaire and return it to them. The gist of the letter appears to be a question over how such policies were sold to self employed people. My wife has been both self-employed and employed through companies over the years. I'm not sure what her status was when all this happened. I will investigate that.

 

To precis their questions they want to know:

 

  1. Employment status when PPI taken out - Employed; self employed; director etc
  2. Any underlying medical conditions at that time.
  3. Why she doesn't think she wasn't eligible for PPI at the time or policy was not fuilly explained at time etc.
  4. Did she not understand PPI was optional? Did she not choose to take out policy with credit card? Was she pressured?
  5. Was the cost not explained?

I'll investigate all of this and respond as best I can. But, are they setting me any traps here? Am I being paranoid? I'm guessing that this is a standard questionnaire.What are my 'do's' and 'don'ts'?

Thanks for any advice received.

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This in an initiative that all the banks have to follow on all accounts that PPI may have been missold on.

 

There are NO traps it's all above board.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks to all for your advice. I'm sure there will be a lot more questions!

 

ims21. The RBS questionnaire is different to the FOS one. Are you suggesting that I reply to the RBS letter enclosing the completed FOS questionnaire and ignore the RBS document? Also should I be sending a seperate SAR to RBS at this stage?

 

Many thanks.

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If it were me I would complete the fos one and submit that.

 

As regards the SAR, if you haven't got much in the way of information on the account then yes you can send one. The information that comes back may help you to establish whether any offer they may make is correct. If you have all of the statements then a SAR might not be necessary.

 

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just to give an example of what I have found in the bank's OWN questionnaires, they give you a tick box and ask were you supplied with information when you were sold the PPI. If you tick yes, are you ticking yes to being supplied with sufficient information to make an informed decision? or are you ticking yes because they advised you to take PPI ? I just thought the bank's own questionnaires appeared to be loaded with potential banana skins.

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