Unsecured Mint loan placed against Land Registry.

[South Paw]

I took out an unsecured personal loan with Mint (Royal Bank of Scotland) in 2006. Later that year I moved overseas. I own and rented out my property in the UK.

 

During the financial crisis I hit hard times and defaulted on the loan. I had updated RBS with my contact details overseas but it has transpired that they obtained a CCJ and then placing a lean on my property with the Land Registry. I did not know about this until recently. Some initial investigation tells me that RBS or their solicitors sent/served all court documents or demand letters to the property in the UK where they knew I did not reside. I've just looked into shifting my mortgage and can't do that with this entry. It's for about five thousand pounds.

 

I want to query if anyone knows whether I can get the registry entry removed on the basis that I was not served and how I'd go about that? I have none of the documents from Mint but I know I'm past the statute of limitations now and I'm wary of getting in touch with a request for any and all information about this in case they deem it an acknowledgement that I owe the debt?

 

I would expect they would have some record of my communication as to my change of address. I also had a credit card address with them at the time and have some old documents posted to my overseas address that can verify I did communicate with the company as to my overseas status and address. I think with the CCJ on the loan they were up to skullduggery so I would not defend it.

 

Past having the land registry entry removed, I wondered about getting the debt vacated. When I was struggling with the debt around 2009 I sought advice on here on what could be done and I seem to recall an issue with banks having invalid contracts around 2006-2009. In short, the contracts were void and I think the advice was that they couldn't enforce. I can't recall if that was correct and I wondered if anyone on here knows what that was about? 

 

I'm also wondering if I should just make a complaint to the financial ombudsman and see if they can resolve the issue? I had a complaint in against my Mint card with them in about 2011 regarding a declined chargeback request which got resolved quite quickly, I got the view that the complaint and the amount (also about five grand) wasn't worth their time and so they offered a refund on the amount.

 

Many thanks for your advice!

[dx100uk]

are you the sole owner of the property or it is in joint names.

 

dx

 

[Andyorch]

Quote

 but it has transpired that they obtained a CCJ and then placing a lean on my property with the Land Registry. 

 

hi and Welcome to CAG

 

Are you located in Scotland..and was this taken out in Scotland ?

 

Andy

[South Paw]

On 30/07/2021 at 22:47, dx100uk said:

are you the sole owner of the property or it is in joint names.

 

I'm the sole owner

 

On 31/07/2021 at 01:29, Andyorch said:

Are you located in Scotland..and was this taken out in Scotland ?

 

No. England.

Edited August 9, 2021 by South Paw

[dx100uk]

the statute wont apply as the charge trumps that. you still owe the money and it would need to be settled if you wanted to remortgage with a different lender or sell. 

 

are you sure the charge is in RBS's name still or the debt has not been sold on to a DCA and what date was the charge attained please? 

 

you could send RBS an SAR that will get you everything they hold on you and might throw some light, however, 

[unclebulgaria67]

Unusual for a Bank to take such an action themselves.  They normally sell on the debts and the new debt owner takes such action.

 

Subject access request ( SAR )

 

Also get hold of the CCJ details,  You can apply to the Courts for all of the documents  they hold. They can charge a small fee for doing this, to cover printing costs.

PART 5 - COURT DOCUMENTS - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

 

[South Paw]

I'll have to check that it is indeed RBS on the charge. This came up when I divorced a couple of years ago and I just didn't have the emotional or mental energy to chase it down back then.

 

As an unsecured debt do RBS (or a DCA) have the right to lodge it against the property?

 

For the SAR, do I make a request to the court AND to RBS separately? Is there any template available on what to ask for or is it simply a case of asking for everything to do with my name.

 

Is there a time limit that they have to get back to me with the info? I seem to recall a 30 day period for a company to send info. If there is a timeframe and they don't heed it, what are the options there?

 

Sorry for all the questions, just want to make sure I understand what I'm asking for and how so I'm sure I get all the info I need to figure out next steps.

 

Thanks for your help and advice already, I appreciate you! 

[dx100uk]

you send RBS an SAR<<clickme

as for the charging oder, yes ofcourse they do they got a CCJ and the enforced it by the CO.

only us .gov.uk site to get a copy of the deeds cost about £3 

 

 

[South Paw]

Got the title. This was definitely done by the bank and not a CA.

Interim charging order dated 24 May 2010 in favour of Royal Bank of Scotland Plc T/A Mint.

You asked about the date the charge was attained. Does that bear any consequence?

 

I'll get on to the SAR and also query the courts for the documents. I clicked on SAR in your comment above but nothing happened, was it supposed to be a link?

 

[Andyorch]

 

[dx100uk]

sar ...test post only

SAR ...test post only