Theft of personal belongings by Natwest

davidmcn

Eviction means you need to remove all your stuff no later than the date of eviction. Sometimes lenders will grant a concession for a later uplift, but I've never known it to be as loose as "you can leave it until we've sold the property", more like "if you come back next Tuesday we'll let you in".

I think bottom line is that you're no worse off than you would have been if they had just cleared your stuff out on the day of eviction (which they would have been entitled to do), given that you didn't have anywhere else to store them. The talk about this "shelter" (whatever that is) not being "on the deeds" is irrelevant - the bank's charge covered the whole property, and they're entitled to clear any movable items on the property.

Caz3121

it sounds like the structure was advertised as part of the sale since it was repossessed. maybe somebody payed more for the property with the structure than they would have without...so your deficit would have been reduced ..
did they actually refuse you to remove the tools? (or did you leave them because it was either structure+tools or nothing?)

unforeseen

I don't think there was anything stopping you removing all your tools as your only argument was about the shelter.

You lost your tools due to your failure to remove them.

You could have removed the tools and carried on with the argument about the shelter afterwards.

silvercar

Had been advised that i could store tools etc on property until sale of house by estate agent.

Then your argument is against the estate agent.

six weeks later found space for shelter and tools but was refused permission to remove shelter.

Though you could have removed the tools?

Appealed but continued to be refused as said garage (shelter) was part of sale.

At this point I would have taken the tools.

rev_pinky

John-k The mortgage stood at 65,000 they sold the house for 95,000 so all debt was paid to the bank including interest.

My argument is not with the estate agent as they were acting on behalf of the lender and all decisions were approved by natwest.

I could not remove the tools prior to the repo as i had no where to take them, They wouldn't fit in the back of my Subaru estate as this is where i lived for 3 weeks !

As for moving on, would you? when you knew the bank was lying about the reason for refusal. We are not talking about a couple of B&Q tool boxes here, over £15,000 worth of professional equipment, my livelihood which i had to put on hold whilst i found a home, fight a custody battle with my ex-wife (second name on mortgage and reason for repossession) and recover from breakdown.

If the bank had not refused to allow me to remove the shelter and told the truth about the deeds there wouldn't be a problem. But they did, quite simple really but how do you fight Natwest ? My original question which seems to have been missed i think.

silvercar

how do you fight Natwest ?

You put in a complaint.

When you have exhausted the complaints procedure, they should give you a letter of deadlock. You take that letter to the ombudsman who will rule on it.

martinbuckley

If you had £15k worth of tools that you clearly weren't using, why didn't you sell them and pay your mortgage?

John-K_3

OK, it does change the complexion a bit if there was a surplus returned to you (but also makes me wonder how it ever came to the stage it did if you had tools and equity available), but I still do not think that you have much chance. You seem to have been told by a third party that you could store the tools, and the buyer would not have known that they were not acquiring them.

It does not seem likely that you can win, and it will cost a fortune to try.

davidmcn

John-K wrote: »

You seem to have been told by a third party that you could store the tools, and the buyer would not have known that they were not acquiring them.

The buyer never (legally) acquires chattels left in the property, they're not covered by the lender's charge. Normally anything like that is left at the buyer's risk ie of the disgruntled previous resident knocking on the door asking for their stuff back. The OP hasn't told us whether the bank ever cleared the tools or just left them for the buyer (and if the latter whether they've still got them!).

John-K_3

davidmcn wrote: »

The buyer never (legally) acquires chattels left in the property, they're not covered by the lender's charge. Normally anything like that is left at the buyer's risk ie of the disgruntled previous resident knocking on the door asking for their stuff back. The OP hasn't told us whether the bank ever cleared the tools or just left them for the buyer (and if the latter whether they've still got them!).

But that is useless in his argument with the bank. He is not going to get the tool back, nor money for them.