Help regarding voluntary repossession in Scotland

Gmk_2

Looking for any help or guidance, I voluntarily handed the keys back to the clydesdale bank for my property in July 2011 and declared myself bankrupt In August 2011. In oct 2011 the bank sent me a letter confirming they had received the keys back and it stated as I had given the bank voluntary possession of the property they were enclosing a demand for Final repayment. At this time they changed the locks to the property which I have never been sent a copy of. It has recently come to light nearly 3 years later that the bank are now refusing to take possession of the property and they say that it is still in my name and they want me to move back into the property as they will send out a copy of the keys and they think I should just pick up with the mortgage where I left of, the mortgage is around £240,000. They do not want to take possession of the property as there is no equity in it.

My argument is that they stated in writing that had possession and they changed the locks and boarded up the property, thus stopping me from entering. I requested a SAJ to which I recieved the iinfo on fri which has every bit of crucial information missing which Is not a surprise as all I get is lies from every department. I have spoken with Angus Mckenzie who Is the operations manager at exec complaints who is a complete disgrace to the bank, he is not interested in helping at all and Is very arrogant, I have taken this to the newspapers, the ombudsman, a lawyer, the information commissioners office.

Has this happened to anyone else, I am discharged bankrupt and trying to get on with my life, no one can quite believe what the clydesdale bank have done, it is the opinion of my lawyer, my trustee and a manager at account in bankruptcy that they have made a complete error and are now trying to cover this up. Surely they cannot say they are taking possession and then leave a property for nearly 3 years when I did not even have a set of keys to enter the property that they are now saying has been in my name all along.

All I am hit with at this bank are lies, they are appalling and have broken a lot of major rules.

Any help would be appreciated

Thanks
Mark

silvercar

the mortgage is around £240,000. They do not want to take possession of the property as there is no equity in it.

This doesn't make sense. At the moment there is £240,000 outstanding with added 3 years of no interest payments making the total even higher. The fact there is no equity is not relevant to the bank. If they sold the property they would get £200,000 plus back. If they don't sell it they get nothing until some distant time in the future. So whereas you could say there is no interest in the property for you as there is no equity, for a bank there is all the mortgage money that can be repaid.

I wonder if they are trying to get you to sign for the keys and accepting the mortgage back post bankruptcy.

In any case it would be foolish to take the property back as there will be 3 years of mortgage payments added on.

I would be tempted to reseal the envelope, mark the outside "return to sender" and post it back.

If you start communicating with the bank you are going to have to pursue a complaint about their handling of the repossession and what they are trying to do now.

Due to the bankruptcy, you are never going to see a penny of equity from the property, so it is not worth wasting time on it. If you want to take some action, speak to your OR. Given that the benificial interest belongs to the OR, let them fight the bank over repossession.