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The unhelpful bank

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  • The unhelpful bank

    I've been browsing looking or hoping someone would have posted something similar to my experiences but not as yet although there has been some very interesting reading.

    They are trying to enforce an all monies clause from an 2006 business loan agreement although I was totally unaware that was the situation due to the solicitor not advising at the time and I was unaware at the time the same solicitor worked for all parties who was a very good friend of the vendor, I was naive and very trusting of the vendor, it became apparent it was about getting the vendor his money as quickly as possible.

    In 2010 I was badgered like mad by the bank to consolodate overdrafts or they would commence proceedings and persuaded me by saying if I comply with these demands the bank would look more favorable upon me for future lending ie reinstating overdraft, I was also under the impression that this new agreement would not have this all monies clause. I had this relationship manager who would be onto me on a regular basis as my business manager had dumped me, probably thought he wasn't going to be able to finance me up anymore than he had so it was time to pass me on, it was this relationship manager that was badgering me.

    The two new agreements are a unregulated agreement and a regulated agreement. I think I have a case for an unfair relationship although the solicitor says I'm screwed and i would not be able to afford this case and I should offer them a proposal or surrender property which would include my house as I was unaware what the solicitor originally did. I asked about the solicitor about the conflict of interest which i've been told would also be complicated.

    I had a shortfall about 3 times on repayments and explained to the bank at the time they are not helping and I need help moving business forward which I can and have done but they are not interested now they want property. I have tried everything to satisfy the bank even offering a lump sum If I could refinance my house via an IFA as I have some equity but they refused, I have been told they do not want my business, in those exact words. I have also received phone calls which I can only comprehend as mental abuse which is how it has affected me. :o(

    I tried to represent myself on the first court appointment but credit to the Judge he gave me time to get legal advice on the grounds of the conflict of interest.

    There is a bit to this case, I've tried to keep it straight to the point for now.

    I don't have much to offer in legal experience but maybe I could keep people updated on my case to maybe help in future via the forum.

    Thanks for reading.
    Tags: None

  • #2
    Re: The unhelpful bank

    Hi Andrew, and welcome to you. Conflict of Interest is not my area, I'm afraid, but I'm sure you will get someone posting soon, as this sure seems like you were being taken advantage of - to put it mildly !!! From what I understand, you had a solicitor acting for you - who was also the solicitor acting for the lender/vendor ? From the little I understand of these things, you sir may be excused for trusting that solicitor - but it sure appears to me that s/he has behaved inexcusably.

    Perhaps the route to take here is to get that professional misconduct nailed down first. Not an easy task, as you may well need advice from someone who does not subscribe to the 'Old Boy Network.' I really hope you can get it here, and I think you will.

    Me - I mostly do calculations - and post up rubbish in the early hours when nobody is looking. It's called 'fly-posting,' I believe !!!

    Best wishes.

    Comment


    • #3
      Re: The unhelpful bank

      Hi Bill-K and thankyou for the warm welcome, I've always been a bit apprehensive about asking for help but I believe now it's not the way forward.

      Yes your right in your understanding of the solicitor, that is exactly what happened.

      I'm usually up till the early hours thinking about how to deal with this.

      Many thanks

      Comment


      • #4
        Re: The unhelpful bank

        I've just received a load of documents bank statements mostly from every account I've ever had? about a thousand pages, I've plucked out which are relevant and there is lots of charges, are these still claimable? it's a sole trader acc.

        Also I've been told I don not need to have received a Default Notice as there is an all monies clause in the contract?

        Everything about my problem revolves around this 'all monies' and disregards the rest of the clauses in the documents.

        I said to the solicitor what is the point of all this paperwork when two words changed the whole meaning of it all, I mean what is the point of all the references to CCA if they are not worth anything?

        Comment

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