Trust Deed Forum - Tricky PPI Question
Trust-Deed.co.uk
Home Home Page


















Trust Deed Forum
Trust Deed Forum
Home | Profile | Register | Active Topics | Members | Search | FAQ
Username:
Password:
Save Password
Forgot your Password?

 All Forums
 Trust Deeds
 Scottish Trust Deed Forum
 Tricky PPI Question
 New Topic  Reply to Topic
Author Previous Topic Topic Next Topic  

head-just-above-water
Regular Contributor

24 Posts

Posted - 05 July 2018 :  19:32:26  Show Profile  Reply with Quote
If some of you have read my original posts, as far back as they go. You will see that me and the wife tried everything before going into a trust deed. With the help of David Tannock of W&B (at the time now with Campbell Dallas I believe)

The reason for the TD was quite simple the RBS wanted to get a decree which would have allowed them to apply to get a unsecured loan converted to a secured loan on our house and then push for enforcing against the house.

This was straight from RBS lawyers at the time. So the trustee at W&B gave us a letter for the court which stopped that. But end result was a 5 year protected trust deed.

Before we got to that stage we did attempt to get claim any ppi we had with RBS to be told we had none.

Our Total debt to RBS was approx. 15,500... Fast forward a couple of years.

I was discharge form 5 and no PPI was found by the trustee (standard procedure to check).. Funny thing was they found PPI for my wife with RBS .. I was now fully discharge form 6 also. The bank sent a letter to my wife saying they who could only pay out 50% because it was in joint names with someone else... only person that could be is me..

Now as I'm fully discharge and W&B have stated they are not interested in any PPI which is in my name. I asked RBS to recheck using the account number on the Wife letter. Low and behold they have found 4 accounts totalling over 17,000 worth of PPI not including the 8% interest dating back to 2004 onwards on car loans, personal loans etc most of it was front loaded onto the loans etc. with the resulting extra interest. The PPI is enough to have easily cleared the original debt to RBS.

I don't know if they will refund it but that's a different story..
But getting told you don't have it when you did must surely be a big no no.

If the point of a PPI reclaim is to put the person back to the position they would have been if the PPI was never sold. Or if they had allowed us to claim on the PPI we would never have been in the Trust deed in the first place.

Now is this not a major but of karma. Considering RBS can longer offset PPI against a previous debt which was in a Trust deed.


I have now started writing to everyone I ever had a financial dealing with requesting all information they hold on me under GDPR rules.

I know this is a bit long winded and goes off in tangents but thanks for letting me get that off my chest.

Thanks
HJAW

TDA (Debt Adviser)
Trust Deed Expert



12472 Posts

Posted - 06 July 2018 :  07:24:11  Show Profile  Reply with Quote
Hi HJAW,

Have you heard that RBS has stopped setting off PPI claim money against old debts that were in trust deeds?

This is exactly what they've been doing for some time now.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
Go to Top of Page

head-just-above-water
Regular Contributor

24 Posts

Posted - 08 July 2018 :  15:44:43  Show Profile  Reply with Quote
Just the same bit of info put into the other post. Jan 2017 Donnelly vs.RBS which she won on appeal on the grounds that the final distribution was in effect a composition. so there was in the eyes of the law no debt to "set off" the compensation against. It strange that RBS never tried to appeal that, they cant use this Mond case as its on a different point

But I did forget to say my question. Which is. How would people fight this re getting told you had no ppi before entering the ptd. The trustee or their agents getting told the same. Then to find out there was ppi. Cause I can never get put back to same position as before the trust deed. Ie claim ppi and allowing that to pay off the debt to rbs. My wife's other debts totalled less than 5k so she would never have even been considered for a ptd.

Thanks
HJAW
Go to Top of Page

TDA (Debt Adviser)
Trust Deed Expert



12472 Posts

Posted - 09 July 2018 :  09:26:21  Show Profile  Reply with Quote
A thread from January of this year HJAW:

https://www.trust-deed.co.uk/forum/topic.asp?TOPIC_ID=6972

RBS still setting-off PPI claims against old debts. I think from memory that this has got tangled up in the Mond case outcome somehow but I cannot remember the detail.

Your point about being "put back in the same position" reflects how the Financial Ombudsman Service view complaints. We had a really interesting conversation with them some years ago where it became clear that this isn't really possible with an insolvency which is (in itself) a legal event. There's no way of making that legal event "unhappen". So, if an insolvency is the fault of another party, there will still likely be some negative consequences of that insolvency that cannot be repaired or reversed

This does seem pretty unfair when banks have not only missold PPI, but have then also mishandled the PPI complaints, and later been forced by their regulator to deal with it properly.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
Go to Top of Page
  Previous Topic Topic Next Topic  
 New Topic  Reply to Topic
Jump To:
Trust Deed Forum © 2008 - 2018 www.trust-deed.co.uk Go To Top Of Page
Snitz Forums 2000

(c) Channel Active Limited. Company Number: 06412452. Data Protection Registration: Z1332750.
Telephone calls may be monitored or recorded. Authorised and regulated by the Financial Conduct Authority.
Trust-Deed.co.uk, Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, G2 1BP. Tel: 0141 2490416.