RBS apply erroneous default and compromise mortgage application

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

There are 2 elements to a claim like this : i) general damages eg Drkin's £8K ( now some toime ago, + inflatation should be applied); ii) special damages - any additional expenses / financial loss you have exper4einced as a result of the conduct compained of eg only being able to borrow at a higher rate of interest.

However this differezs from a claim in JR to overturn the FSO decision, which might be (eg) on the grounds that it is one no reasonable decisoin maker could come to on the same facts, and should accordingly be set aside.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

However this differezs from a claim in JR to overturn the FSO decision, which might be (eg) on the grounds that it is one no reasonable decisoin maker could come to on the same facts, and should accordingly be set aside.

So SpringerSpaniel are you saying that the FSO decision could weaken, or even destroy my case?

[labman]

Re: RBS apply erroneous default and compromise mortgage application

I have only ever had mortgage accounts with RBS (and their subsidiary "the oneaccount") should I change the end of this sentence to say "with regard to mortgage accounts"?

or just put a full stop after the word systems.

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

No, what I'm saying isb the opposite; to prove that you are right and the FOS is not, you may need to start by overturning their decision as unreasonable and/or not taking all the relevant facts into account

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

or just put a full stop after the word systems.

Thank you Labman, I will prepare that letter and send it off tomorrow.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

No, what I'm saying isb the opposite; to prove that you are right and the FOS is not, you may need to start by overturning their decision as unreasonable and/or not taking all the relevant facts into account

That could be annoying, I currently have three tribunals and an appeal to the Court of Session on the go. Do you, or anyone, have any idea if this appeal is timebound from the date of their final decision and how long the appeal process may take? The initial complaint took over 18 months for a decision.

[Celestine]

Re: RBS apply erroneous default and compromise mortgage application

My sister and I are suing Lloyds TSB for two defaults incorrectly applied in 2009, discovered 2010 during finance application. Caused loss of house sale/purchase and loss of fostering income.

We are claiming 20k including approx 8k for Durkin v DSG Retail Ltd damages.

Didn't bother with ombudsman. Took it to county court, final hearing August

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

I wish I had been more knowledgable before I went to the ombudsman, matters would have probably been resolved by now and in a much more satisfactory way.

I think I will take this to a solicitor next week. Is this the sort of thing that could attract "no win -no fee"?

[Celestine]

Re: RBS apply erroneous default and compromise mortgage application

My claim is being handled NWNF by Watson's of Llandudno. They specialise in Consumer Law and have had some good results of late. We took it most of the way ourselves as Litigants In Person, but we handed over to Watson's when we discovered 'odd' evidence in Lloyds bundle of documents submitted to court!

www.watsonssolicitors.co.uk/

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

Have you now got a date in court ?

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

I wish I was in Wales, that would be a good contact.

Does anyone out there know a good NWNF solicitor in Edinburgh for this type of work? All my legal contacts are Education specialists.

My claim is being handled NWNF by Watson's of Llandudno. They specialise in Consumer Law and have had some good results of late. We took it most of the way ourselves as Litigants In Person, but we handed over to Watson's when we discovered 'odd' evidence in Lloyds bundle of documents submitted to court!

www.watsonssolicitors.co.uk/

[Celestine]

Re: RBS apply erroneous default and compromise mortgage application

Well I'm near Brighton! You work with each other remotely, via phone and email.

I would recommend drafting a good case summary and emailing it to them for review.

[labman]

Re: RBS apply erroneous default and compromise mortgage application

Remember this is Scotland!

[Celestine]

Re: RBS apply erroneous default and compromise mortgage application

Isn't Durkin a Scottish case?

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

Celestine, I checked their website and they state they work across the UK. I will give them a call on Monday. My submission to the ombudsman will offer a reasonable case statement. This may be less hassle than I thought.

Thanks