Greetings All, I am hoping to seek crown wisdom on a longstanding issue with RBS. I was bankrupted some time in 2017 as I was unable to keep up with debts due to severe health issues, and over my objection the Trustee handed over control of my investment flat to RBS, so RBS can dispose the asset and recover the amount owed and return any excess to the bankrupt estate. The property was occupied by a tenant. I was bankrupted under Bankruptcy Scotland Act 1985 and was discharged shortly thereafter. As I understand it, RBS has failed to evict the non-paying tenant or dispose the asset. Most importantly, despite my bankruptcy, RBS is reporting me late to the credit bureaus so I cannot move on with my life. I have complained to the trustee (who appear to have washed his hands from the whole affair), and RBS has previously claimed that it has a contractual agreement with me and they will continue to report. This can't be right, because reporting late to the bureaus appear to me to be a form of diligence or collection exercise and appear to violate the letter and spirit of the law, as bankruptcy is supposed to give the bankrupted person a chance to rebuild etc. I am literally held hostage to the situation. I have worked very hard to get back on my feet, but my ability to rebuild credit etc to avail myself of better opportunities is being hammered by this late reporting. Any thoughts? Thanking you all in advance.

Thank you, guys. Please bare with me as all of this is "French" to me. I have the exact date of withdrawal, which is the same day the solicitors issued a letter explaining the reasons behind the withdrawal. If I have to hazard a guess, I am probably going to deal with a low level customer service rep who is either going to give me the run around or won't understand what I am after. To be clear, I unsuccessfully tried this few months ago but my need wasn't as urgent so I let it slide, this time it's different. If I am going through this SAR thing, do they automatically give me every piece of information they hold? I suspect that would be a LOT. I have been banking there for over 20 years. I have never done this sort of thing before and was wondering if there were certain things I should do to ensure that 40 days are not just pi**ed away. Appreciate any further feedback in this regard.

I am unsure if this is the right venue for my question. Please feel free to refer me elsewhere if I am mistaken. I require some help in asking my bank to furnish certain documents. Two years ago, I took a fairly large withdrawal from my bank. Bank asked for an explanation, and the solicitor provided a detailed response through a letter from their firm and there were no issues. The legal firm is no long operational and I require copy of that very document that was provided to the bank for an audit. It is essential that I get this document and I am unsure how do I go by receiving it. Do I make a freedom of information request? Do I call the bank and just ask this document? This was not a bank form but merely a letter from solicitors confirming why such a withdrawal was needed. Can someone please help me out.

I have received correspondence from Barclays. I was surprised as the response was sent efficiently. In essence, they state their internal investigation suggest that we weren't affected as they don't use LIBOR to set all loan. I suppose they are suggesting that LIBOR wasn't used to calculate any of our interest rates. Furthermore, the response points out that this is their final letter and they cannot say anymore about the subject including their findings or anything of that sort as part of their agreement with authorities. It gives me option of taking the matter to Ombudsman. I do plan to take this to Ombudsman, as I think it isn't enough to take Barclays word for it, especially that they accepted liability to authorities and they accept they took part in manipulating LIBOR, in the letter they sent. I had asked them to provide details of mechanism as to how they calculated and quoted interest rates and if that had anything to do with ERP, commissions or any up front fee. They are quite brief in saying that our loan wasn't affected. Now, there is a very high chance that Barclays is correct in its finding. However, the issue remains of credibility. In the past, they represented to their counter parties that their reporting of LIBOR was correct, which wasn't the case. Now they represent that our loan wasn't affected. Though they may be right, I am taken back a bit that they wouldn't reveal any more information. Let's see if Ombudsman can get me the answers I require. I am prepared to accept that in the end Barclays is probably right, but I think they should be more transparent especially after the LIBOR affair.

Hi All, As a business, we borrowed funds from Barclay's by pledging property as security. We fell behind on payments as a result of cash flow issues. I have not seen the clause, but I am sure Barclay's is within their rights to demand that we pay the entire loan off. A sum we cannot afford to pay in its entirety. I had concerns that our loan may have been affected due to LIBOR manipulation. I wrote a detailed letter to the bank manager after receiving their demand letter that I need a detailed explanation of any part that LIBOR may have played in calculating interest rates, early repayment penalties, any origination fee collected up front or paid to third party in commissions as we used a commercial mortgage for this loan. 3 weeks later, Barclay's responded that their internal investigations have discovered that our loan was not affected by LIBOR fiasco as they don't use to LIBOR in all of their loan products. They added that this is their final letter and included information on how to get in touch with Financial Ombudsman. They also added that as part of their settlement with authority they cannot add any further on the details. I assume that includes the detailed information that I requested, they also added that this is their only and final correspondence on the matter. Now, I am sure they will start repossession proceedings at some time in future (I assume they will be swift). How does one really know if Barclay's is representing the right picture? Does one take their word for it? I was actually planning to use this as a defense if we were to reach the courts, a reality we have to face at some point. Any suggestions on this? Thanks, Res

Thanks! That was very helpful. The more I think about this, I think that at some point I have to take him to court anyway for arrears. In that case, I am not sure if I can deal with this on my own as I have a stressful full time job that requires being on the road hundreds of miles away from home. Can you recommend any economical but good solicitors, that will move speedily. I know it sounds horrible, but I am just afraid of messing things up. I was in court few weeks ago for a speeding ticket and a tenant's case was being heard. I felt terrible for the landlord. The landlords were elderly and the rent was supplementing their retirement money. They were representing themselves, the tenant came up with all sort of excuses and the sheriff ended up ordering that the entire process need repeated as the elderly couple missed certain details. It was terrible, so am not trying to fall in the same trap as I am a novice at this and the tenant's comments that he would claim that he paid cash are very discomforting. If you can kindly recommended a solicitor in Glasgow area that would be great. That will save me from picking someone random from the net. One last question? I have lost my key to the flat. What if I were to change the locks, and put a note on the front of the door that please contact me to collect an extra pair of key? I am not attempting to wiggle my way out of my lawful obligations, but I like to at least have the keys to my own flat. Thank you again for your massively helpful posts.

Thanks! That was very helpful. The more I think about this, I think that at some point I have to take him to court anyway for arrears. In that case, I am not sure if I can deal with this on my own as I have a stressful full time job that requires being on the road hundreds of miles away from home. Can you recommend any economical but good solicitors, that will move speedily. I know it sounds horrible, but I am just afraid of messing things up. I was in court few weeks ago for a speeding ticket and a tenant's case was being heard. I felt terrible for the landlord. The landlords were elderly and the rent was supplementing their retirement money. They were representing themselves, the tenant came up with all sort of excuses and the sheriff ended up ordering that the entire process need repeated as the elderly couple missed certain details. It was terrible, so am not trying to fall in the same trap as I am a novice at this and the tenant's comments that he would claim that he paid cash are very discomforting. If you can kindly recommended a solicitor in Glasgow area that would be great. That will save me from picking someone random from the net. One last question? I have lost my key to the flat. What if I were to change the locks, and put a note on the front of the door that please contact me to collect an extra pair of key? I am not attempting to wiggle my way out of my lawful obligations, but I like to at least have the keys to my own flat. Thank you again for your massively helpful posts.

Hi There: I thought I misplaced my tenancy, but finally found it. The only person named on the tenancy is father who is no where to be found. The guy who opens the door claims to be the son, I can prove or disprove that. He isn't on my tenancy, isn't this trespassing? Can I not get police involved as I have no idea who this guy really is? If not, Here is what my tenancy's irritancy clause: "If at any time the rent (or any part of) is unpaid for 14 days after becoming due (whether or not formally demanded) or if the tenant becomes bankrupt or compounds with his creditors or if any of the terms of this agreement are not implemented or any of the prohibitions or conditions thereof are contravened, or if any of the circumstances mentioned in Groungs 8, 11, or 12 to 16 inclusive of Schedule 5 to the housing (scotland) act 1988 shall arise, then the landlord shall be etitled (in addition to any other right) to terminate the tenancy fortwith, provided that he gives tenant at least twenty days notice in writing of his intention to do so. This clause indicates that I only need to give a 28 days notice v. the 40 days notice you mentioned above. If I can't enforce the clause then what's the point of it in my tenancy agreement? If I have to serveAT6_Form (2).pdf AT6 form which I have attached to this post. What do I specifically put in part 2, 3, 4, 5 where it speaks of grounds upon which I am relying to take possession. I am getting concerned that I may mess things up by trying to do this myself, should I be looking for a solicitor. I was really hoping to avoid it but this is turning out to be a stressful episode.

Thanks for this. Here is something I noticed, the way things are, I don’t see him collecting recorded deliveries or even summons. Essentially, he is going to claim he never received any documents. I’m self managing this flat so have to either do this myself or have a solicitor do it for me. I don’t want to give him any other chances. Here are few more questions, if you don’t mind, please. The lease initiated in Sep 2011, I believe my lease states that it will continue on a monthly basis. I read it elsewhere on the web that Scottish Short assured tenancy continue for the same period if it’s not ended. I hope that’s not the case as that will give him additional 6 months. Do you know anything about that? I also read that its actually a 60 days notice if there is an AT6 involved (I hope I am mentioning the correct form). If I give him these notices, they must have certain language, can you recommend drafts please and what happens if he doesn’t take recorded delivery and its returned to me? I know he is being selective about what he does and does not collect. It’s apparent to me that he’s going to massage the system to his advantage and unfortunately for me, he is a private paying tenant. This is a bit of a lesson that all private paying tenants are not a good bet and all DSS tenants are not bad bets. Again, thanks for your help. I plan to visit him tomorrow for the last time and serve the notices you mentioned.

My tenant is in arrears for over three months now. Unfortunately, I have lost the spare key to the flat but the tenant refuses to answer texts, emails, phone calls or open the door when I went to the flat to discuss the matter. I am learning his son lives with him too, who isn't on the lease. The son opened the door once (which I think was by mistake), and started making all sort of stories that he hasn't seen his father and his nervousness gave it away that dad is either inside the house or that the son was covering up for him. I'm really worried, as I am paying mortgage out of pocket and its a hefty one. I told the son that I am going to start the eviction process and he had the guts to tell me that they will claim that they have been paying me cash (which isn't true). They did pay cash only once which was at the beginning of their tenancy. I am not sure if he said that to **** me off or he meant it. I can only imagine that this lot have made up their mind to not pay and play hard ball. I never had to deal with something like this. I have tried going to the flat at various times and posted polite message at the door to return my call, but to no avail. Can someone please provide some guidance on how to deal with this? Arrears are now in the region of £2400. Thanks.

Thanks for your response. The ticket was given by a local authority. Specifically, Reading Borough council and the care was parked in Reading, Berkshire.

Hi there! I had a parking violation. The car was registered under my brother's name. I misplaced the ticket and he never received the registered keeper notice. The total charges are increased to 105. Initially, they were 35, and were suppose to be 75 if he received the first notice. My brother never received the registered notice but have received the final notice which is threatening with court proceedings. Can you please advise what can be done here? The county that I received the ticket is in the other part of the country from me.

Hi All, My elderly uncle owns a flat in Scotland. The factoring or the management company of the building have been charging an arm and a leg. He's been unable to pay or refuses to pay and I think the company is overcharging. It turns out there was water damage to the flat. The management company is responsible for insurance and when the insurance claim was made, before passing on the check, they deducted their past due amounts. Can they do that without my uncle's consent? Also, my uncle is obviously paying for insurance through his management/factor fee. He requested they provide the copy of insurance contract for his records, but its one excuse after the other. What can we do to get a copy of insurance... is there any law that requires them to provide copy of insurance details once requested. And can you please answer my query above about them deducting the past due amounts without consent from the insurance claim.

Thanks for your suggestions. I like the idea of writing to the CEO. I have tried looking for the email on google and haven't been able to. Does anyone have an email address or mailing address for the Executive/CEO office?

Hi Brigadier: I have never done this before. What sort of interest, and compensation is reasonable in this case? I have no clue where to start, really. When we opened the account we mentioned that turnover may be in the region £35-40K per annum (best guess, really). I be happy with getting back the funds, but it's been easily over two months now. Any suggestions on interest and compensation figures?