Bank threatening to appoint L.P.A. receivers.

[Streetwise]

Re: Bank threatening to appoint L.P.A. receivers.

Streetwise, we can move this thread to a section that's protected from public view - so if you're trying to disguise yourself in public with the many contradictions there's really no need as we can hide this thread if that's what you wanted.

However things just don't add up between both threads on both sites. I'm tempted to close this thread unless you start being more open so the guys offering help aren't wasting time.

PM me if you have any issues but the inconsistencies and lies have gotta stop

Niddy

What LIES.To help me can you please tell me what doesn't add up so as I can put the record straight,I have asked for help,if you point me in the right direction.

[Streetwise]

Re: Bank threatening to appoint L.P.A. receivers.

Thanks Mrs D. Absolutely correct. Now we have yet another contradiction and another complication which I was concerned about in earlier posts. I said "partner" and "legal spouse" etc. Was told in no uncertain terms "WIFE" Now told in this most recent post by the OP "NOT MARRIED". Blimey this is a mess and I am going to speak with Niddy later in the day as I am beginning to have serious doubts about all of this and wasting my time and efforts and those of everyone else on this forum.

If the OP cannot be honest with himself let alone us then we have nothing to offer. I surprised at the reluctance shown to go get a solicitor instructed, or perhaps I am beginning to. The samll matter of Corporation tax returns as now required for businesses, clubs associations, charities etc has not even been tackled yet concerning the "business" which has been freely admitted exists.

regards
G

Garlock there at post 17 at the top I say I am now going to refer to my late Partner as (WIFE ) as I thought everybody was getting mixed up between me using the terminology ( LATE PARTNER ) and ( BUSINESS PARTNER ).

[Never-In-Doubt]

Re: Bank threatening to appoint L.P.A. receivers.

Streetwise, we can move this thread to a section that's protected from public view - so if you're trying to disguise yourself in public with the many contradictions there's really no need as we can hide this thread if that's what you wanted.

However things just don't add up between both threads on both sites. I'm tempted to close this thread unless you start being more open so the guys offering help aren't wasting time.

PM me if you have any issues but the inconsistencies and lies have gotta stop

Niddy

[Streetwise]

Re: Bank threatening to appoint L.P.A. receivers.

Did you not question this at the time? Did you ask the bank what was going on and did they refuse to tell you?

Have you sent a SAR to the bank? that might have at least given some idea what was going on. I don't know much about the legality here but you need to be asking questions, and Streetwise a solicitor is going to ask the same questions because it's really difficult to piece together what has happened when there is no clear timeline, please tell us you've kept all the correspondence and it's in writing not on the phone?

I did question my self at the time,thinking that can't be right,I did S.A.R. the bank and they told me that a S.A.R. is only for people that are alive,then i got the business partner to S.A.R them as this was the only business that they conducted with the bank.

[MrsD]

Re: Bank threatening to appoint L.P.A. receivers.

Sorry I never said the loan had been renegotiated someone else mentioned that,I only said the bank had transferred the loan in to his sole name.The bank told me they had transferred it into his name.I thought at the time that was strange as probate had not been granted at the time of transfer.

Did you not question this at the time? Did you ask the bank what was going on and did they refuse to tell you?

Have you sent a SAR to the bank? that might have at least given some idea what was going on. I don't know much about the legality here but you need to be asking questions, and Streetwise a solicitor is going to ask the same questions because it's really difficult to piece together what has happened when there is no clear timeline, please tell us you've kept all the correspondence and it's in writing not on the phone?

[PlanB]

Re: Bank threatening to appoint L.P.A. receivers.

Garlock were not married.

This is very relevant to streetwise's situation.

[PlanB]

Re: Bank threatening to appoint L.P.A. receivers.

Had approached Paul at first many months ago before Christmas and he passed it on to Andrew.

That was then. This is now. Try Paul again

Send him a brief PM with a link to this thread. If he can't help he may know someone who can. A personal recommendation is always better than a Google search.

[Streetwise]

Re: Bank threatening to appoint L.P.A. receivers.

so how do you know the loan was renegotiated? and to the business partners?

Garlok is right, this is a really tangly twisty mess and you really need a solicitor to sit down and unentangle it. You need to speak to a solicitor and tell them the whole story, no omissions, no being circumspect but the truth or you will simply never get this sorted and the bank is going to walk off with your and your family's inheritance from your partner which would be doing a terrible disservice to all that she has worked for in life. You need to get this sorted, don't for a minute think the bank will "do the right thing" or "take grief and two motherless children into account" because quite simply, they won't, they are only interested in the money, nothing else, absolutely nothing else matters to a bank.

Sorry I never said the loan had been renegotiated someone else mentioned that,I only said the bank had transferred the loan in to his sole name.The bank told me they had transferred it into his name.I thought at the time that was strange as probate had not been granted at the time of transfer.

[Streetwise]

Re: Bank threatening to appoint L.P.A. receivers.

Have you approached Paul if Andrew is unable to take on any more work at the moment?

Had approached Paul at first many months ago before Christmas and he passed it on to Andrew.

[MrsD]

Re: Bank threatening to appoint L.P.A. receivers.

Was never told the loan was transferred in to his name only,and i have never been asked to sign anything.

so how do you know the loan was renegotiated? and to the business partners?

Garlok is right, this is a really tangly twisty mess and you really need a solicitor to sit down and unentangle it. You need to speak to a solicitor and tell them the whole story, no omissions, no being circumspect but the truth or you will simply never get this sorted and the bank is going to walk off with your and your family's inheritance from your partner which would be doing a terrible disservice to all that she has worked for in life. You need to get this sorted, don't for a minute think the bank will "do the right thing" or "take grief and two motherless children into account" because quite simply, they won't, they are only interested in the money, nothing else, absolutely nothing else matters to a bank.

[Streetwise]

Re: Bank threatening to appoint L.P.A. receivers.

I see where you are coming from planB. However from what I see here are two main thrusts of problems, one is the execution of the will, the granting of probate on a very tenuous basis as the liabilities of the estate have not been discharged correctly and the "commercial" loan was secured on the deceased's home, the tenure of which we know nothing about. On the most simple basis it would be jointly owned 50/50 between spouses and the surviving spouse takes all based on however the ownership was set up. If this was not the cae then you have to sort out the "Joint Tenancy", "Tenancy in Common" issue because the OP has stated that the Will actually leaves a percentage split of ownership 40/30/30 of the residue of the estate. His words. Then we go back to the "business" as he refers to of the property which is defined as two flats being rented out. This derives income on some shared arrangement and the basis of that business has not been established by the executor in my view and any liabilities of that business to be born by the deceased's estate have clearly not been discharged in a competent way. hence this very thread and discussion. The bank clearly think not.As i said was this business a legitimate business or was some informal arrangement, it is highly unlikely that any bank would loan a significant sum of money (which is going to take the OP 15 years to pay off on his own admission here and sadly already to the pursuing bank) without some pretty sound security. Another issue as the OP seems to have little knowledge of his wife's affairs is the issue of personal guarantees. Do the bank have any at all from the alleged partners in this "business". In the current climate I would think that something of the type exists hence the bank's confident pursuit. these cannot be extinguished and will always be a liability on the estate until the debt has been paid in full or unless the bank make a big procedural error, and hence my concern that probate has been granted maybe on a false premise. That is without any of the other implications of the tenancy agreement with the occupiers of the flats in question. This man needs to get very urgent professional legal advice. It is clear that Consumer Law has no bearing whatsoever on these issues it is more serious for the OP as he has already claimed openly that this is a "commercial" loan as do the bank and a debt on the deceased's estate which he has freely admitted.

This is a real mess which needs full blown professional support like NOW.

regards
G

Garlock were not married.

[Streetwise]

Re: Bank threatening to appoint L.P.A. receivers.

Does streetwise still need a probate solicitor since probate was granted in March 2011? Perhaps he needs a solicitor who understands banks and contract law which may be more relevant to his current problem now that we know a bit more about the situation. Most competent solicitors can read a Will and understand his late wife's intentions if that is still the issue (it seems not).

My concern is how the bank has conducted itself throughout. This seems to be streetwise's worry too. For example when the business partner "renegotiated" the loan was it increased to release equity from the properties or did it remain at the same level

I was thinking that it was a Litigation Solicitor that I needed.

I don't think the loan was renegotiated it was just transferred in to his sole name as my partner had died.

The loan was not increased.

[garlok]

Re: Bank threatening to appoint L.P.A. receivers.

Does streetwise still need a probate solicitor since probate was granted in March 2011? Perhaps he needs a solicitor who understands banks and contract law which may be more relevant to his current problem now that we know a bit more about the situation. Most competent solicitors can read a Will and understand his late wife's intentions if that is still the issue (it seems not).

My concern is how the bank has conducted itself throughout. This seems to be streetwise's worry too. For example when the business partner "renegotiated" the loan was it increased to release equity from the properties or did it remain at the same level

I see where you are coming from planB. However from what I see here are two main thrusts of problems, one is the execution of the will, the granting of probate on a very tenuous basis as the liabilities of the estate have not been discharged correctly and the "commercial" loan was secured on the deceased's home, the tenure of which we know nothing about. On the most simple basis it would be jointly owned 50/50 between spouses and the surviving spouse takes all based on however the ownership was set up. If this was not the cae then you have to sort out the "Joint Tenancy", "Tenancy in Common" issue because the OP has stated that the Will actually leaves a percentage split of ownership 40/30/30 of the residue of the estate. His words. Then we go back to the "business" as he refers to of the property which is defined as two flats being rented out. This derives income on some shared arrangement and the basis of that business has not been established by the executor in my view and any liabilities of that business to be born by the deceased's estate have clearly not been discharged in a competent way. hence this very thread and discussion. The bank clearly think not.As i said was this business a legitimate business or was some informal arrangement, it is highly unlikely that any bank would loan a significant sum of money (which is going to take the OP 15 years to pay off on his own admission here and sadly already to the pursuing bank) without some pretty sound security. Another issue as the OP seems to have little knowledge of his wife's affairs is the issue of personal guarantees. Do the bank have any at all from the alleged partners in this "business". In the current climate I would think that something of the type exists hence the bank's confident pursuit. these cannot be extinguished and will always be a liability on the estate until the debt has been paid in full or unless the bank make a big procedural error, and hence my concern that probate has been granted maybe on a false premise. That is without any of the other implications of the tenancy agreement with the occupiers of the flats in question. This man needs to get very urgent professional legal advice. It is clear that Consumer Law has no bearing whatsoever on these issues it is more serious for the OP as he has already claimed openly that this is a "commercial" loan as do the bank and a debt on the deceased's estate which he has freely admitted.

This is a real mess which needs full blown professional support like NOW.

regards
G

[Streetwise]

Re: Bank threatening to appoint L.P.A. receivers.

^^^^ How can this be if the loan was "renegotiated" into the business partner's sole name in January 2011? A bank will not accept security for a loan if it has another person's name on the deeds without their written consent (independent legal advice etc). Since your late wife had already passed away at that point that would not have been possible.

I smell a rat. And that rat has RBS written all over it

Which is the document you allege the bank forged?

As far as I know the properties are still in her name and the Business partner.The security was put in place at the start of the loan ( Does this make a difference ).I believe that the loan agreement has been tampered with.

[Streetwise]

Re: Bank threatening to appoint L.P.A. receivers.

must say I was smelling the same big rat, were you consulted over this "renegotiation" and did you sign anything then?

I don't understand how they could renegotiate anything without your permission?

Was never told the loan was transferred in to his name only,and i have never been asked to sign anything.