RBS apply erroneous default and compromise mortgage application

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

I would write to RBS and suggest you view the removal of the defaults as an admission of liability and that if lititgation is required you will be proceeding on that basis, seeking that the court determine the quantum of damages.

If settling out of court, it is usual to accept a lower sum than if you went to court and fought all the way, refelecting the risk and stress involved in litigation, which you are avoiding, and the traidtionally appelaing formula of 'getting the money now !'


You may also find this of interest:
http://www.telegraph.co.uk/finance/n...osecution.html

[Angry Cat]

Re: RBS apply erroneous default and compromise mortgage application

Sounds like RBS/Tudor has been making quite a few errors re: the processing of individuals data...

Please see page 75, Personal Finance section, of todays Mail on Sunday:
"I paid my debt but they put it back on my credit file"

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

I would write to RBS and suggest you view the removal of the defaults as an admission of liability and that if lititgation is required you will be proceeding on that basis, seeking that the court determine the quantum of damages.

Letters prepped, signed and sealed for recorded delivery tomorrow morning. Let's see if I can bring this to a quick and satisfactory resolution.

[Magrew]

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 ?

Sorry Springer I had missed this post as it went in. The decision was issued from the FOS in London.

Does it make a difference?

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

It enables me to answer your question as to whether you as a Scotsman in dispute with a Scottish bank should seek JR in London to appeal the FOS decision.

The answer is yes, because the decision complained off was made in Lodon by a UK-wide body. However I think JR of FOS is an expensive and cumersoem re herring; I would write to the FOS as I suggested and then proceed against the RBS directly unless FOS offers any further internal review / appeal.

What is the approx value of the additional costs etc you want to claim back ?

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

The value is in the order of £10-12k plus the general damages.

I have sent letters of the form you suggested to FOS and RBS this morning. It will be interesting to see how this develops.

I did check the FOS website but it is quite silent on the process of appeal. I thought that it was incumbent upon all organisations that offered judicial orders to publish the route of appeal, I know that this is the case with Tribunals and the Social Security Commissioners. I am surprised it does not appear to be published for the FOS.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

Response back from the FOS today.

Final answer, no other route for review. Neither me nor the bank are bound by any decision.

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

I would probabaly send a pre-action letter to your bank as the next move, as they have effectively admitted liability and the dispute is as to quantum. I would go down the legal route against them ratehr than against the FOS. They might offer ADR if you send a firm pre-action letter setting out your case, together with schedule of loss. There are probably LB members who can help with these if you need it.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

Springer,

I have already sent them this and at the same time sent an SAR

Dear Ms XXXXXXX
Your Reference – CJN/XXXXXXXX

You may already be aware that the Financial Ombudsman Service has issued a final decision in relation to my complaint against the Royal Bank of Scotland. Whilst I am pleased that they confirm that Royal Bank of Scotland were in error in respect of the registered default I am not content with the conclusions drawn in regard to the mortgage issues and the value of compensation. I have rejected their decision.


I have carefully considered my position in this regard and conducted my own research on the matter. This has drawn me to the conclusion that the ombudsman has not applied the relevant law correctly. I also believe that he has misled himself on the facts of the case which has drawn him to a mistaken conclusion.

In the matter of general damages I believe that the ombudsman should have taken due cognizance of the decision contained within Durkin v DGS Retail Ltd, this case sets clear precedence on this matter. In regard to special damages I believe that there was sufficient evidence to support my claim that the erroneous default, for which RBS have admitted liability through the instruction for its removal from credit records, restricted my access to mortgage suppliers at the time I was seeking a mortgage. This has incurred me significant additional costs for which RBS have also already admitted a degree of liability through the original offer of compensation. The dispute that remains is over the quantum of these costs. I therefore intend to present my case to the court seeking that they determine the quantum of damages.

I am prepared however to extend to the Royal Bank of Scotland one final opportunity to resolve this matter via any appropriate method of dispute resolution in an attempt to avoid the unnecessary costs and inconvenience of a court action.

Yours faithfully,

Don't know if it will have any affect, we will see.

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

Did you give any time limit for their reply ?

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

No, I sent exactly what you see here.

I wish I had your razor sharp understanding, such a simple question but I feel so stupid now.

[SpringerSpaniel]

Re: RBS apply erroneous default and compromise mortgage application

Sorry, I didn't mean to make you look or feel stupid, Magrew - it is a good letter.

The main thing I would have done differently is to say they had 28 days to reply to my satisfaction or to offer ADR, otherwwise I would issue proceedings out of the relevant court - I would have built a timescale into the letter.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

No don't worry Springer, most of what I said was for comedic effect.

But I do feel a bit foolish,

[Guest]

Re: RBS apply erroneous default and compromise mortgage application

Give em 14 days then send em a letter before action, "due to none compliance with my correspondence dated ****(copy enclosed) i now have no option but to commence proceedings, this is a formal letter before action as required under cpr and you have 14 days to respond.

Perhaps something like that
.

D

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

I issueda SAR request to RBS in relation to the above matters on the 16th June. I have had no response and they have not cashed the enclosed cheque.

That is now past 40 calendar days, what would be the suggested best course now? I was considering sending a second letter, should I send it to the same person, their data data protection officer or directly to their Chief Executive?

Or some other course?