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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26004
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can a Bank call up security when you are in dispute and you

Resolved Question:

Can a Bank call up security when you are in dispute and you have registered a complaint with the Ombudsman?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Is this a business or consumer dispute please?

Customer:

Business dispute regarding repayment of facility ....................

Joshua :

Thank you. The Ombudsman has no power to require the bank to cease enforcement action in respect of a security it holds however the Ombudsman can make a request to the Bank to do so and take into account the banks conduct in respect of any award of compensation it can order.

Joshua :

In other words it can make the bank aware that if it takes what amounts to unreasonable actions respect of the security it owns which potentially cause further losses to you, in the event beyond was confined in your favour, the ombudsman can take into account such actions in respect of any award of compensation

Joshua :

accordingly, you may wish to notify the ombudsman of the bank's actions and the reasons you consider them to be unreasonable in the circumstances and request that the ombudsman makes a request to the bank to put on hold actions in respect of its security pending the outcome of the dispute

Joshua :

Is there anything above I can clarify for you any further?

Customer:

That clarifies the matter somewhat.

Customer:

That clarifies the matter.............should an individual write to the Ombudsman in his own right or involve a solicitor ...or both?

Joshua :

there is no need to involve a solicitor in respect of the dispute raised with the ombudsman however the complainant is free to do so. The ombudsman will not necessarily take the step of asking the bank to cease actions in respect of the security of its own initiative and therefore the complainant should consider writing to the ombudsman highlighting the actions of the bank and asking that in the circumstances the ombudsman requests the bank to suspend such actions pending the outcome of the dispute

Joshua :

is there anything else I can help you with?

Customer:

no.....thank you.

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