repossession -1 week to go- help please

[Crazy council]

Re: rePossession -1 week to go- help please

I am going to write you up some letter, A SAR for RBS, that has some details in, A request for a breakdown of fees and charges, and the dates they were applied to the accounts. and requesting confirmation if they have breached the DPA already by speaking to your brother.

You are going to ask specifically for dates and notes of communication's with your brother. ( this may trap them a bit, as they would not be allowed to send it to you, but, they would be able to identify dates and times.)

Re the stay of exicution, was it granted or was they awaiting the transcript first ( they usualy would grant for a small time if they have asked for documentation ).

If the time is up on Monday, i will write you a letter requesting an extension of the stay..

[Johnboy007]

Re: rePossession -1 week to go- help please

Well done CC........

[stevemLS]

Re: rePossession -1 week to go- help please

Schedule 3 of the DPA says that processing is fair if it is done, amongst other things, if it is necessary for the purpose of legal proceedings or otherwise necessary to establish or defend legal rights.

I have no idea what the communication with the brother was, but it is not necessarily a breach.

[Crazy council]

Re: rePossession -1 week to go- help please

am doing 3 letter, a SAR, and offer to settle unter terms ( just a suggestion ), and requset for further information in relation to costs and actions.

tidy up my spelling, format it properly, make sure your comfy with the statements i made

---------

Sar

Fill the proper details out below


NWB ( add )


Date


Dear ##############


I Mrs--- Of_________ and previouslyof_____------ ( list alll addresses you have had since joiningnatwest )


Do hereby formally request a copy ofall data, notes and files relating to me, my accounts, and allbusiness between us.


For the avoidance of doubt, we are indispute over your charges and actions and I need all documentation toasses my position and your actions , including file notes, copys of any and all agreements. Copys of all paperwork relating to the origional charge on the property


Further.


I am under the impression that you havebreached the data protection act by discussing details of my accountswith an outside party without my prior written consent.


This is a serious breach for a numberof reasons, but discussing financial details is one of the moreserious breaches of the act. I am concerned that you have done thisto gain personal information to your financial benefit.


I also must state that it has caused megreat distress knowing that my financial position has been discussedin this manor resulting in many sleepless nights and I consideragitating my condition unneededley




Please consider the above statementwhen your administering this request, as withholding any documentthat may be considered relevant, because of the amount of moneyinvolved in the dispute, is serious.


Please also consider because of thelegal action that this SAR should be completed with urjency.


Best regards
+++++++++++++++++

I will write the offer to settle now, but you will need some advise off the others in relation to the ammounts to offer, am brutal in that department and would start at £ 18k pluss resonable interest... but the advise from the others will be better in that dept.

In the offer, your going to offewr them some security terms to back off whilst you sell the property, to keep costs down

[Crazy council]

Re: rePossession -1 week to go- help please

Example......... edit to correct were required.......


Offer of settlement without furtheractions both court and regultory.


Without prejudice save as for costs










Offer to settle, ( maybe should ebwiothout prejudice save as for costs, but maybe not so can be show tojudge during proceedings or even appeal )


In relation to all actions claims andfincial dealing between us, the statements below constitue an offerto settle with terms without further actions, with all current actionand further planned action by me to be withdraw.


It will also bring to an end an eposidethat ahas been extreemly distressing. And the terms I offer for administration of the settlement or ment to be the least costlyest tothe estate, as apose to the most proffitable ( by charges ) to theadministrators


To make this offer I will breack downyou claim into three sections.


1. The original debt ( £ 18,000 ), The interest charged from then till now ( £ ), Thelegal fees ( £ ######## ).
3. Proposed terms for administration (sale ) of the property
4. The basis of my claims and somefactors you should consider


Section 1


I do not dispute section 1 in any way,but consider that your failure to deal with this in other ways hassignificantly contributed towards the costs. In this initialsettlement offer fopr section 1 I offer the full ammout to be takenfrom the sale of my property that I will and am currently arrainging( se section 2 ).


£ 18,000 ( correct this to thecorrect ammount, if this was what was left of the origional ammount)


On top of that,


For interest I offer ( £ ==========take advise )


and for administration court fees Ioffer ( £++++++++++ take advise )


I will pay the sale fee for theproperty ( see section 3 )


I agree the following


1. I will not take further action inrelation to the FCO and will withdraw any planned complaints
2. I will cease any investigation inrelation to RBS previous advise in relation to the conduct of myaccounts prior my liquidation.
3. I will withdraw the formalcomplaints into the conduct of RBS in relation to it or its agentsconduct over this matter, and cease investigations into with theterms and conditions have been appropriately followed.
4. Withdraw the planned complaint tomy MP and the relevant cabinet office.


Failure for us to settle forces my handwith the above action.


If the judge does consider any fault inyour administration I intend to make to very clear that that theammount of distress you are causing is contributing significaly to mycurrent state ((+++++++++ This leaves it nice and ambiguous++++++++++)))))


So my offer of settlement is in total (@@@@@@@@@ ). Under the terms attached.


( I will work out the terms later, ther terms will include agree a fixed fee, that you can sell theproperty, that you will acsept the fee agreed as a charge of the saleand proceeds would be autmaticaly transfaired. Some of the termswill relatit to terms for selling so you dont get pushed into sellingit at a reduced price, but will give them reasonable security on themoney and make sure you dont delay the sale )

[Crazy council]

Re: rePossession -1 week to go- help please

hi

I have found the company that carried out the charge and have spoken to them today they stated that as far as they were concerned the charge was for security of the 30,000 guarantee which coincides with the letter they sent me in May 2005 however he explained that the addition of 'which secures all liabilities of the applicant to the bank of any kind'covers the bank for future lending. at that time the loan I took was for 30 K and there was an unsecured overdraft facility that had a life insurance policy (term) that the bank had set up. Apparently this kind of misleading charge (where they say 30 K and mean any amount!) is no longer allowed or carried out.
over the past 40 years I have had a number of personal loans from NatWest bank all paid back without problems.

I need to add some of this to the letters, i will edit them. 2 qyestions

1. Did you ever pay any PPI
2. Do you feel RBS advisors miss advised you in 2005, was you under the impression that the liabily tied against your property was a maximum of £ 30,000 ), and that there terms of unlimited liability were not made clear to you ( i suspect that the case ).

If the answer to no 2 is correct, would the statment below reflect your opinion

When i was signing that agreemnt i thought it would limit the liability ( apart from action ) to £ £ 30,000 against my house. I never would have agreed the term of unlimited liabilty for the bank and feel i was mislead. This term would enable you to charge me at will and administer my accounts to your financial favour.

Would a version of that be ok to add to the main claim letter above.

I will need to ask a few more questions before i finalise the letter, just so i get things accurate.

[herself19]

Re: rePossession -1 week to go- help please

Yes absolutely on the same date that this charge was added and the company applying charge only had the figure of 30k loan they claim(dubious signature) that I signed a document for 56k!! ... It doesn't add up. And why put a figure if it is irrelevant ? Other than to mislead ...

[herself19]

Re: rePossession -1 week to go- help please

When I said about the figure and the wording, they retorted with - I should have taken legal advice they advised me to! In reality over lunch with bank manager she encouraged me to just sign all papers except disputed document as it was straightforward

[herself19]

Re: rePossession -1 week to go- help please

Are banks still allowed to carry out all money charges?

[Crazy council]

Re: rePossession -1 week to go- help please

Hi

i will add to this tonight

What date was you supposed to sent the stuff to the court by. If its today, you need to fax them asap, tell them that an offer to settle has been made by you and you require at least 14 days for them to respond.

Also say, that aother items have come up during your checking of the facts that need to be adressed between you and the claimant.

DONT MESS THE PROCUDUAL RULES ABOUT AT THIS STAGE.

also, remember, i said add the bit that sates you reason for the appleal would be that becuase of the prior relationship with the judge, you feel that he did not explore the other options offer to settle at considerably less cost to the estae.

If its not today you supposed to respopnd by, i will help with the letter, as you need to also explain why the transcripts are not available.

[herself19]

Re: rePossession -1 week to go- help please

Broadband back! crazy council I filed Monday the amended appeal and added the bits you said. that was all done on time I also enclosed the letter I sent to the circuit judge that made the order explaining there was no judgement and therefore couldn't be transcribed asking for her directions. i back this up with two emails from the court transcribing people confirming that there was no judgement. so I'm awaiting further directions.

I now have to tackle this offer letter to make it all go away before I do I'm going to put the offer letter together and will post it up here for everyone's comments I found a statement of interest from NatWest and they are charging me interest .5% daily with a 3% margin. so what would a faiir interest be?

[Crazy council]

Re: rePossession -1 week to go- help please

Hi

I will write it up later today, i got some advise on it, and am going to suggest youy be quite brutal with your first offer. You also need to complain properly about RBS action to the relevent manager at RBS.

I would suggest, ask them how much in total interest you have paid since you have been there customer. mention that you feel you was mislead into the charge on your house being unlimited, and that you intend to take action with the proper regulators.

SAR them for the docs at the same time.

I will write up what i suggest fully later