RBS apply erroneous default and compromise mortgage application

[labman]

Re: RBS apply erroneous default and compromise mortgage application

They are very good. I know a lot of people who have used them.

Cel - stop putting me in my place! :tung:

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

Yes, Durkin is a Scottish case, at present it is binding but not persuasive re cases in England and Wales but if it goes to the Uk Supreme Court, it will (at least at present) be binding thorughout the UK.

There are Law centres in Scotland who can help you, but I understand Watsons take work form all over the UK

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

I am content to take a recommendation from firsthand experience, I will have more time working by email and telephone it will save me spending time waiting around in solicitor's offices for that precious 30 minute slot. Remote working doesn't phase me at all that is what I do on a daily basis.

My case will be presented in Scotland, that would only be natural for a scotsman against RBS, but if I look to appeal the ombudsman's decision then that may be handled in England.

[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

I have been thinking about this today. My appeal against the FOS could simply state that no reasonable person properly instructed could reach the decision reached and reference Durkin. It need be no more complicated than that. Or have I got those rose tinted glasses on again.

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

that's basically the size of it; by ignoring Durkin they have not applied the law correctly as they are obliged to do

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

if you bring a claim to the courts then you will need to do a schedule of loss to the penny on the total loss you have suffered as a result of this negative default

as stated, you need to do an sar to get all statements,payments,interest payments,etc,etc

i would talk to a solicitor who will no doubt liase with an accountant but

GET THE SAR IN AS THEY HAVE 40 DAYS TO COMPLY AND WILL DRAG IT OUT

Is the 40 days working days? (ie 8 weeks)

[labman]

Re: RBS apply erroneous default and compromise mortgage application

Yes, 40 calendar days regardless of bank holidays etc.... They have to respond within 40 days of receiving it, so if you allow 2 days post getting to them, and 2 days getting it back, it should be no more than 44 days from the day of posting.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

Right that is the SRA prepped to be sent recorded delivery on Monday. I have also prepped an SRA for an associated credit card which has been niggling me for a few months. All in all it may be the start of a profitable venture on both fronts.


Next challenge is the appeal against the ombudsman's decision to sweep that out of the way and prevent that coming before the court. I have read through their papers again tonight but they outline no route for appeal. I suppose I will have to go onto the FOS sight and find out where and how I make that appeal.

They never make it easy do they.

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

You appeal FOS decisions ultimately by JR in the High Court (E & W), Admin Div - however a pre-action letter proer to taking this step is required unless there is an emergency. This will probably trigger review of your case by a senior officer of the FOS and/or the Treasury Solicitor, so you might get a re-considered decision at that stage.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

I presume that the appeal will focus only on the material that was available to the decision maker, ie no fresh evidence.

I am in Scotland, for my case is the JR still to the High Court? If so do I send a pre-action letter to the High Court while simultaneously intimating it to the respondent?

It would be more convenient for me if I could take it to the Scottish Court of Session. I am familiar with the rules of that court and I have a good relationship with the General Office staff who freely give me good advice. I am in and out of their so often these days that they are considering giving me my own desk in the advocate's library

Are you aware of any time bar on this type of action? For example 42 days after receipt of the published decision as in tribunals.

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

3 months from the date of the decision complained of

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

Have I understood correctly that the decision you want to overturn has been made by the FOS in London ?

[Angry Cat]

Re: RBS apply erroneous default and compromise mortgage application

RBS placed erroneous data on my CRA's credit file;
I complained to the ICO providing documentary proof/evidence that the data being processed was incorrect and excessive.

Outcome: RBS removed the incorrect data that had been registered as a 'Punishment'.
http://www.scotlandoffice.gov.uk/sco...10784.123.html

I have no time for the FOS[Emphasis Added]

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

The issue is whether it is proportionate to start the process of redress with proceedings against the FOS. Briging proceedings in JR is quite a big and potentially costly undertaking, and if you lose you could eb liable for the FOS costs.

An FOS adjudication is binding on banks but not consumers. You could simply write a letter to the FOS stating that you reject their decision as you do not consider it to apply the elevant law correctly; that if there is any furtther process of internal review or appeal within the FOS you would like your case referred for this; and that if there iss no such procedure remaining, you will take the matter instead to the courts.

You then get on with litigation against RBS in the Scottish courts, seeking as remedies an order for removal of the erroneous defaults; compensation (general damages) as per Durkin + inflation; plus special damages of the extra costs you have had to pay as a result off the bahaviour of RBS, detailing these in a Schedule fo Loss which you attach to your POC.

I'd send RBS a pre-action letter setting this out, and asking if they wish to try to resolve this through any kind of arbitration or other ADR, as this might be proportionate to the amounts involved.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

Thanks very much for the advice Springerspaniel.

Just for clarification RBS admitted their error and removed the default in October 2010 once i tracked down relevant paperwork. The dispute has been about the degree of redress since.

I will proceed in the terms you have suggested. Thanks again.