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Buachaill, Barrister
Category: UK Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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At what point does the bank's duty to account to its

Customer Question

at what point does the bank's duty to account to its customer start when the bank repossesses any security pledges for a loan facility?
Submitted: 2 years ago.
Category: UK Law
Expert:  Buachaill replied 2 years ago.

1. A bank has a continuing and ongoing duty to account to the borrower whose property has been seized as security for sale to pay off any loan monies advanced. The correct course of action if you have had your security given to the bank is to formally write to the bank and seek details of the method of realisation of the security. If the security has been sold, then you should formally write and seek details of how much money has been realised, what expenses have been incurred and in what amount. There is extensive caselaw on this point. Essentially, a bank owes a good faith duty to its borrower to realise the best price for any security sold. An example of where a bank has been held in default of this good faith duty is where the bank sold agricultural equipment seized from a borrower as security in winter when demand was low rather in spring when demand would be higher. If you want to provide more details I will be happy to help further.