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Unsecured Mint loan placed against Land Registry.


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I took out an unsecured personal loan with Mint (Royal Bank of Scotland) in 2006. Later that year I moved overseas. I own and rented out my property in the UK.

 

During the financial crisis I hit hard times and defaulted on the loan. I had updated RBS with my contact details overseas but it has transpired that they obtained a CCJ and then placing a lean on my property with the Land Registry. I did not know about this until recently. Some initial investigation tells me that RBS or their solicitors sent/served all court documents or demand letters to the property in the UK where they knew I did not reside. I've just looked into shifting my mortgage and can't do that with this entry. It's for about five thousand pounds.

 

I want to query if anyone knows whether I can get the registry entry removed on the basis that I was not served and how I'd go about that? I have none of the documents from Mint but I know I'm past the statute of limitations now and I'm wary of getting in touch with a request for any and all information about this in case they deem it an acknowledgement that I owe the debt?

 

I would expect they would have some record of my communication as to my change of address. I also had a credit card address with them at the time and have some old documents posted to my overseas address that can verify I did communicate with the company as to my overseas status and address. I think with the CCJ on the loan they were up to skullduggery so I would not defend it.

 

Past having the land registry entry removed, I wondered about getting the debt vacated. When I was struggling with the debt around 2009 I sought advice on here on what could be done and I seem to recall an issue with banks having invalid contracts around 2006-2009. In short, the contracts were void and I think the advice was that they couldn't enforce. I can't recall if that was correct and I wondered if anyone on here knows what that was about? 

 

I'm also wondering if I should just make a complaint to the financial ombudsman and see if they can resolve the issue? I had a complaint in against my Mint card with them in about 2011 regarding a declined chargeback request which got resolved quite quickly, I got the view that the complaint and the amount (also about five grand) wasn't worth their time and so they offered a refund on the amount.

 

Many thanks for your advice!

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are you the sole owner of the property or it is in joint names.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Quote

 but it has transpired that they obtained a CCJ and then placing a lean on my property with the Land Registry. 

 

hi and Welcome to CAG

 

Are you located in Scotland..and was this taken out in Scotland ?

 

Andy

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  • 2 weeks later...
Posted (edited)
On 30/07/2021 at 22:47, dx100uk said:

are you the sole owner of the property or it is in joint names.

 

I'm the sole owner

 

On 31/07/2021 at 01:29, Andyorch said:

Are you located in Scotland..and was this taken out in Scotland ?

 

No. England.

Edited by South Paw
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the statute wont apply as the charge trumps that. you still owe the money and it would need to be settled if you wanted to remortgage with a different lender or sell. 

 

are you sure the charge is in RBS's name still or the debt has not been sold on to a DCA and what date was the charge attained please? 

 

you could send RBS an SAR that will get you everything they hold on you and might throw some light, however, 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Unusual for a Bank to take such an action themselves.  They normally sell on the debts and the new debt owner takes such action.

 

Subject access request ( SAR )

 

Also get hold of the CCJ details,  You can apply to the Courts for all of the documents  they hold. They can charge a small fee for doing this, to cover printing costs.

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I'll have to check that it is indeed RBS on the charge. This came up when I divorced a couple of years ago and I just didn't have the emotional or mental energy to chase it down back then.

 

As an unsecured debt do RBS (or a DCA) have the right to lodge it against the property?

 

For the SAR, do I make a request to the court AND to RBS separately? Is there any template available on what to ask for or is it simply a case of asking for everything to do with my name.

 

Is there a time limit that they have to get back to me with the info? I seem to recall a 30 day period for a company to send info. If there is a timeframe and they don't heed it, what are the options there?

 

Sorry for all the questions, just want to make sure I understand what I'm asking for and how so I'm sure I get all the info I need to figure out next steps.

 

Thanks for your help and advice already, I appreciate you! 

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you send RBS an SAR<<clickme

as for the charging oder, yes ofcourse they do they got a CCJ and the enforced it by the CO.

only us .gov.uk site to get a copy of the deeds cost about £3 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Got the title. This was definitely done by the bank and not a CA.

Interim charging order dated 24 May 2010 in favour of Royal Bank of Scotland Plc T/A Mint.

You asked about the date the charge was attained. Does that bear any consequence?

 

I'll get on to the SAR and also query the courts for the documents. I clicked on SAR in your comment above but nothing happened, was it supposed to be a link?

 

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sar ...test post only

SAR ...test post only

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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