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Problems with Bank of Scotland

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  • Problems with Bank of Scotland

    Hallo to everyone. I became a new member just a few minutes ago. This was because I found this site very interesting and I do have problems with banks. Currently with BOS I have a case in court, where they are filed for repossession, while providing untrue figures of arrears. For nearly 4 years I have been paying duly CMI (its an interest only mortgage taken in 2002 for 7years) but I lost my job in 2006 and thus why arrears occurred. However in July 2008 it was only £1,380 and I paid at the end of this year over £2,559 over the required interest. In fact for over 4 years - since 2008 I have paid over £8k over the required CMI. The charges were mounting at will despite me paying more than required. I am 68 yrs old retired now, on Pension (£60/week) and receiving assitance with Mortgage payment from DWP -although subsequently cut - thus creating shortage of around £30 per month. I am continuing to pay since February 2011 additionally onto mortgage account £60 from my pension to make up the shortage. The initial claim for repossession was filed in December 2011 with false amounts of arrears. I provided them with my calculations and proved with THEIR documents, that they are wrong. This has been ignored and now they change the tactics and claiming, that because the mortgage term expired in 2009, now they offer an extension of a term for 40 years but want the "suspended order of possession" on condition, that I would pay additional funds to make up the shortage from DWP. They still want to obtain the suspended order. This would make them even easier to evict me - but I fear that any mistake by a clerk in BOS (there were many in the past -they apologised for it) or by DWP (also happened - they cut the amount without informing me for over 6 months) can create a basis to evict me from my home in short time without a court order.
    Has anyone any idea what I can do?. The hearing in court suppose to be tomorrow 21st September 2012. Although I eventually obtained an assistance from a solicitor on Legal Aid, but it appears, that his only objective is to fix it quickly without really defending me as a client. Thanks for any idea or comment whether I can defend myself or do I have any other options. (haberek).
    Last edited by haberek; 20th September 2012, 10:37:AM. Reason: small corrections in text
    Tags: None

  • #2
    Re: Problems with Bank of Scotland

    Welcome to Legal Beagles, your definatly in the right place for your enquiry

    I'm not an expert in these matters, so I will BUMP your thread for the experts for you

    P

    Comment


    • #3
      Re: Problems with Bank of Scotland

      You say your solicitor wants to fix it quickly without defending you. Remember he is their to present YOUR case if you think he isn't doing that ask him why. It may be that in legal terms your case is weak, however, it may be that he has not properly appreciated the case.

      Ask him to outline his understanding of the case before you go into the court. If it appears he is not well prepared I would ask him to ask the court for an adjournment to allow him to fully prepare. If he has come to the case late this might be. tolerated.
      'I don't see why everyone depends on me. I'm not dependable. Even I don't
      depend on me, and I'm me.'

      Comment


      • #4
        Re: Problems with Bank of Scotland

        I echo magrews post.....you must get that solicitor to obtain an adjournment until the BOS have supplied you with all the information they hold about you and your account.......tell your solicitor that you want him to make a part 18 request to BOS along with an SDAR.

        You must get that solicitor to persuade the Court to grant a stay on the hearing, until you have this information .........you cannot prepare a proper defence without it and that would lead to an unfair hearing..........withholding information you ae legally entitled to is a ciminal offence

        Sparkie

        Comment


        • #5
          Re: Problems with Bank of Scotland

          Hi

          I am in no position to comment on your post, other than if these guys can help, they will.

          Best of luck with RBS. I love e'm....

          Comment


          • #6
            Re: Problems with Bank of Scotland

            A fine point of detail for you southerners, Bank of Scotland and RBS are two different banks. Indeed Bank of Scotland is actually Halifax.
            'I don't see why everyone depends on me. I'm not dependable. Even I don't
            depend on me, and I'm me.'

            Comment


            • #7
              Re: Problems with Bank of Scotland

              Hi Haberek, I was in court defending a repossession today too. I hope this was sorted out for you and you feel a bit less stressed tonight.

              Have Bank of Scotland been sending you annual statements? If not, they are breaking the MCOB by not treating you fairly. My lender had supplied wrong information relating to arrears too and I think this is very common. I am in Scotland. I look forward to hearing how you got on today. My case has been carried forward until October 2012 because the Pursuer was basically telling lies in Court. The Pursuer's agent wasn't even the firm that started the action. They passed it to somebody else to put forward their case. I find that quite disgusting. They are trying to take people's homes from them and they can't get the figures straight or provide the correct evidence to juniors representing them in Court. I hope it went well for you. Please let us know!

              Comment


              • #8
                Re: Problems with Bank of Scotland

                I stand corrected....

                Comment

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