RBS apply erroneous default and compromise mortgage application

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

You could now send them a pre-action letter, suggesting you will sue them for compensation for wrongful loss of creditworthiness using the precedent of Durkin, setting out the amount you have lost + asking for compensation as well - and giving them 28 days to reply

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

That is where I am a wee bit in the dark. Without the SAR info the value would be what I could establish using my own judgement from the comparative rates. Do I use the best rate available when I was looking for mortgages or the best rate from RBS at that time? What is a realistic level of compo? The fact that our mortgage payments were higher than they should have been limited my ability to clear credit cards, is this claimable?

I would be keen to have someone with appropriate knowledge review my papers to advise me what would be considered reasonable in my case. I was considering to go legal now by finding a NWNF solicitor to pick it up and run with it.

Maybe I am jumping too far too fast.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

Today I went seeking a firm to bring this matter forward as an action in court. The first firm I spoke to were concerened that I was outside the time limit to bring the matters to court. I very much hope that I am not, if I am it is only because I have had to wait for the FOS to deal with it. I will outline the timeframe below in the hope that someone can advise me.

3 October 2006 - I pay full and final settlement on a loan which was in my ex-wife's name but I had stood as guarantor for. This occurred 2 years after we had separated and after we had actually divorced. I stupidly forgot my liability to this debt (lesson learnt there). The failure to maintain the debt was only reported to me in Sept. 2006

March 2007 - RBS apply a default on my account, I was totally unaware of this at that time.

December 2009 - I apply for a mortgage and get the shocking news that I have a default reported on mt credit record from RBS.

2 December 2009 - I write to RBS asking them to remove the default.

10 December 2009 - RBS respond but cannot produce any default notice sent to me.

13 December 2009 - I write again asking that the default be removed. RBS do not even respond.

31 December 2009 - RBS confirm offer of a mortgage

29 January 2010 - mortgage goes live

13 September 2010 - I finally find original paperwork which confirms agreement of full and final settlement of loan.

30 September 2010 - RBS acknowledge failure and remove default on credit file. They also ask for information to consider compensation.

31 December 2010 - RBS make offer of settlement at around £4.5k, I refuse it is around 50% of actual loss before any other damages (Durkin etc)

7 January 2011 - I raise to FOS

17 March 2011 - Adjudicator considers offer fair. I refuse and ask it be raised to Ombudsman

24 May 2012 - Ombudsman finally offers opinion and states payment should be at least £300


Where on this line would any time limit starting point be!


Have I gone beyond that time limit?

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

Celestine,

Ta very much. You must elaborate on the court thing soon. (It's ok, I just found it) I would be intrigued. Your decision may be useful to my case in the end.

One observation, I am in Scotland, I presume therefore that I would refer to the Sheriff Court rather than the County Court.

I just checked this out myself, it does go to the Sheriff Court in Scotland. The reference in the act is here.

http://www.legislation.gov.uk/ukpga/1998/29/section/15

[mystery1]

Re: RBS apply erroneous default and compromise mortgage application

Time limit ordinarily is 6 years from the action but in your case i'd say 6 years from discovery (s32 limitations act i believe)

M1

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

Thanks Mystery1, I am pretty certain I can bring this forward in that timeframe then. That would allow me until December 2015.

I am now beginning to rebuild momentum on this one so It may lead to more regular and informative updates.

[mystery1]

Re: RBS apply erroneous default and compromise mortgage application

I'd not do anything drastic until Durkin hits the supreme court, Celestine and Charley get their result and Sparkie appeals. Might give you a lot of clues and precedent or persuasive opinions.

M1

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

Limitation will be 5 years not 6 in Scotland

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

They are all in the mix and subject to my current discussions off thread.

Durkin I am not so worried about because the relevant part of that decision went undisputed, Cel's is imminent and I think my case is much more clear cut than Charley and Sparkie's. Also taking into account that mine is in the Scottish Courts I am minded to progress as the time for preparation allows.

The tricky bit is going to be the preparation of a suitably thorough financial assessment. I also need to now add in compensation for failure to comply with the DPA, that would be another sum on top. I don't know if a figure for that exists in current precedence. Is it a few pounds or is it higher?

[mystery1]

Re: RBS apply erroneous default and compromise mortgage application

Limitation will be 5 years not 6 in Scotland

Didn't spot it was Scotland. You are correct of course.

M1

[Rico]

Re: RBS apply erroneous default and compromise mortgage application

Hi Magrew,

To get to the Supreme Court try applying to the faculty of advocates for pro bono help which can be accessed through Edinburgh university law department (I think). I think you're OK to appeal if the CoS hasn't said otherwise. If you run short of time you can ask for an extension (about £250ish). To lodge a notice of appeal is £1600. Then to lodge the Statement of facts is just short of £5000 plus printing costs. After that not much outlays apart from usual solicitors costs including travel and accommodation.

Whoever helps you must be trained in the Supreme Court.

Yes, the Court of Session is a joke. The Scottish government know that it's open to corruption but are keen to deprive us of remedy. They're all in it together. Without AV it will be near impossible to change. The politicians and judges need to be adversely affected personally somehow.

Rico.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

Thanks Rico,

How are things progressing? I could do with your result to help my argument.

[Rico]

Re: RBS apply erroneous default and compromise mortgage application

Result should be issued by next summer if I can get the SFI submitted this month.

[shell]

Re: RBS apply erroneous default and compromise mortgage application

Limitation will be 5 years not 6 in Scotland

Is it not 12 years for mortgages?

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

The matter under consideration is the application of the default rather than any issue associated with the mortgage. I think therefore that it will be the 5 year limit.