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FormerBadDebtor
New Member

3 Posts

Posted - 03 January 2018 :  15:38:25  Show Profile  Reply with Quote
Hi, I entered a Protected Trust Deed in 2010 and was discharged 2013.

I recently received a PPI refund offer from RBS, and at the end of the offer it states that, because I was formerly in a Trust Deed (and RBS was one of my Creditors) "any payment we make will be made to the relevant account" - i.e. they're keeping the money.

Is this legal?

Many thanks!

TDA (Debt Adviser)
Trust Deed Expert



12423 Posts

Posted - 03 January 2018 :  15:56:52  Show Profile  Reply with Quote
Welcome to the forum FormerBadDebtor.

I'm afraid we cannot answer your question about the legality of the position that RBS are taking. You'd need a solicitor for legal advice.

As you'll see from the following article however, this very much seems to be the position that RBS has been taking consistently:

https://www.trust-deed.co.uk/news/rbsandppiclaimsaftertrustdeeds.php

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
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FormerBadDebtor
New Member

3 Posts

Posted - 03 January 2018 :  16:20:05  Show Profile  Reply with Quote
Many thanks for your quick reply!

I read your page on the Sheriff Appeal Court decision of January 2017, do you know if RBS have since appealed to a higher Court?
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TDA (Debt Adviser)
Trust Deed Expert



12423 Posts

Posted - 03 January 2018 :  17:59:50  Show Profile  Reply with Quote
I'm afraid I don't know.

We may have missed something of course, but things seem to have been quite quiet on this topic for a while.


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Luke4630
Contributor

7 Posts

Posted - 06 January 2018 :  20:48:02  Show Profile  Reply with Quote
Hi myself and my wife are in the same boat . We were told by a lawyer to send rbs a complaint letter . And sit back and wait . Just make sure letter is sent recorded sign for and keep all copies . Hope this helps

Colin luke
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FormerBadDebtor
New Member

3 Posts

Posted - 11 January 2018 :  21:03:36  Show Profile  Reply with Quote
Thanks for this, much appreciated, will do:-)
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Luke4630
Contributor

7 Posts

Posted - 13 May 2018 :  23:57:09  Show Profile  Reply with Quote
Small update sent another complaint through resolver . Letter came back from rbs saying money is being offset in the (meantime) pending court case in june . Watch out for new offer letters from rbs I am sure they are restructuring them very sneaky . I've not been signing them or sending them back . I have just argued the offset rule with Clydesdale bank and to my amazment they sent me a cheque with an apology . There wording on letter said we should not have applied right of set off as your pre insolvency debt had been extinguished .

Colin luke
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TDA (Debt Adviser)
Trust Deed Expert



12423 Posts

Posted - 14 May 2018 :  09:11:45  Show Profile  Reply with Quote
Hi Luke4630.

Thanks for sharing this.

It's clear that RBS has adopted a position on this which is different to other banks. I guess it will be the legal system that eventually determines who is right.

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Sarah Houston
Trust Deed Expert



38 Posts

Posted - 14 May 2018 :  12:33:45  Show Profile  Reply with Quote

yes - I believe a case is being heard June / July of this year. Hopefully once a judgement has been issued, it will resolve many of these issues surrounding PPI - fingers crossed !

Sarah is no longer posting in the Trust-Deed.co.uk forum.
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