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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Following the reports in the financial Times and the Guardian

Resolved Question:

Following the reports in the financial Times and the Guardian that the Royal Bank of Scotland appointed the Law firm Clifford Chance to investigate an allegation that the RBS pushed small business to benefit the extra charges and the sale of customers properties.
I had the same problem with a different bank about six years ago. For no apparent reason, the bank called the loan, added penalties and appointed an estatate agent to auction the properties.I realized then that the bank was after the properties so they will benefit from the penalties and unreasonable extra charges they added.
I managed to remortgage the properties with another bank after a substantial loss I incurred from selling other properties, penalties,Estate agent fees.
I appointed a solicitor who wrote to the bank to ask them to investigate my case, but the bank refused to cooperate, transferred all the people concerned and appointed a new manager to the department who claimed he had no knowledge of the case and was not able to help and many of our account papers were shredded.
My question is : Can I resurrect my case again in light of the investigation of the RBS?
DO I write to the Bank again or the Authorities?
Who are the authorities I need to contact?
Do I need to appoint a lawyer?
What type of lawyer do I need to help me?
I am asking your help as I realized that many Lawyers are reluctant to go against big banks.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Can you remember if it was over or under six years ago please when this happened?
Customer:

We complained in 2007 via a solicitor in the Independent Banking Service. The last communication with the bank was in May 2008.

Alex Watts :

I am sorry but the chances are you are out of time.

Alex Watts :

You have 6 years from the date of breach under the Limitation Act 1980 to bring a claim for breach of contract.

Alex Watts :

This means that you needed to bring a claim within 6 yars.

Alex Watts :

So unless it was after 4th December 2007 then any claim is out of time and statute barred.

Alex Watts :

I am sorry if this is not necessarily the answer you are looking for and certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your honest answer.I didn't breach the contract. That was ,in my opinion, a case of serious fraud which was and is a common practice in many banks in the U.K. This fraud surfaced and currently under investigation at the Royal Bank of Scotland.

Customer:

I understand that there is a time limit for a breech of contract, my question is: is there a limit to bring a claim against a Fraud Practice?

Customer:

I appreciate your help.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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