Legal and Trade keep ignoring me!!!

greenspun.com : LUSENET : Repossession : One Thread

I posted this message about 12 months ago: "I bought a flat in 95 for #26250. I had to give it up in Jan 99 as I got married and could not sell it - it was overvalued and the market price was about #21000 and they were not selling. It is with the Royal Bank of Scotland. Since I handed the keys in I have not heard a thing.

I know they may come after me in years to come. How long? I know they may demand a high sum (eg #15k) and the advice is to make an offer (eg 2k).

I feel I was misled by the valuer but cannot take action against them as his contract was with the bank not me.

I have 4 small investments in my name - can they find out about them and take the value off me?

The flat was in my name alone. If anything was in my name and my wife's (joint) would they still be able to touch it?

Would be grateful for advice."

UPDATE (1)

A little while later I was tracked down by Personal Debt Services (PDS)of Manchester demanding just under 20k. I asked them for a breakdown, and received a cloudy set of statements. I wrote asking for clarification, and they wrote back in October 2000 saying that they had forwarded my request to their client (Royal Bank of Scotland), and if I did not receive a reply within 28 days I could contact their customer complaint dept.

Nothing happened, and I largely forgot about it. In fact, I even let them know my new address (I am renting a council property now). I wrote to them asking for an update around 2 months ago - still nothing!!!

Another problem I have is that I think (due to a corrupted disk) Imay have lost records of some of the correspondence I sent to both PDS and RBS - are they obliged to let me have copies?

I followed CAB advice and said that I felt that, due to surveyor negligence, I was not liable for the debt. I would be willing (if I had it) to pay them 2k to get it sorted and move on with my life.

Are they using the Japanese negotiation tactic of silence? If so, what should I do?

Again, would be grateful for advice/moral support.

UPDATE(2)

Legal and Trade wrote to me saying they had taken the matter up. I wrote back telling them to get the file and answer the queries I put to PDS. They ignored this and wrote saying I had ignored them. I wrote back pointing out they were wrong. Then I had a letter of Hansell Stevenson solicitors threatening Legal action. I have written to both parties recorded delivery with copies of correspondence.

Am I right in thinking that if they did take me to court after all this above, they would be slaughtered for their conduct - would it actually be better for me if they did carry on like this and take it to court?

-- Darren Longley (mrrabbit_uk@yahoo.co.uk), August 11, 2001

Answers

Geez, most people put too little on here, rarely do you see too much...

Some simple answers: 1. PDS appear to have gone bust (shame). I say this on the basis that they aren't chasing me anymore. 2. RBS commonly use PDS and it appears that they subrogate the debt to their collectors and claim it is out of their hands. I doubt there is a money judgement order against you, and therefore presently you have no reason to pay anything. Provided you keep your replies polite and remain insistent with your questions, they will have to answer them. 3. Re: 'slaughtered for their conduct' quite possibly, but you wouldn't and couldn't base a case around the other parties conduct; the debt is the central matter, no matter how shite the other party are. Even if the judge told them off, he could still find for them, so your best bet remains, repeat remains, insisting on your rights, getting documentation, proving underselling etc etc.

Serve a sarn on everyone asap.

-- (bluemoon@mcfc.co.uk), August 14, 2001.


Moderation questions? read the FAQ