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Luke4630
Frequent Contributor

48 Posts

Posted - 12 November 2018 :  13:38:59  Show Profile
I'll Enail you a copy off last letter I got from rbs . Glasgaz74 send me your email to lukecg@aol.com . That's the solicitor I was in contact with .

Colin luke
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head-just-above-water
Frequent Contributor

47 Posts

Posted - 12 November 2018 :  13:51:41  Show Profile
quote:
[i]Originally posted by Luke4630[/i]
[br]I'll Enail you a copy off last letter I got from rbs . Glasgaz74 send me your email to lukecg@aol.com . That's the solicitor I was in contact with .



Do you think the solicitor would Like to do a class action type thing against Rbs lots of people on here.
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contoboy
Frequent Contributor

34 Posts

Posted - 12 November 2018 :  19:10:10  Show Profile
You have got to love RBS (not). I called the debt recovery department today to enquiry why they were offsetting money from my awards. I quoted Donnelly v RBS and was quickly put on hold whilst they accessed my account. I have now been told that they can find no record of me. I asked how they can offset money from someone they have no record of. I was told “ would not do anything illegal” I almost fell over laughing. I now have my complaints reopened. Still no further forward.
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Luke4630
Frequent Contributor

48 Posts

Posted - 12 November 2018 :  19:34:15  Show Profile
Lawyer said to me keep hold off the offers from rbs . As long as you have them your fine . My last letter from rbs dated 20 Feb 2018 said . Although the court ruling in donnelly v rbs was that offset could not be applied . The bank has been given leave to appeal this decision and we will be proceeding with this challenge . Don't think they will do this . due to mond ruling .

Colin luke
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jongers1
Contributor

10 Posts

Posted - 12 November 2018 :  20:39:32  Show Profile
Hi all, i have received 4 seperate letters from RBS about a week ago relating to different accounts. I completed my trust deed and was discharged in 2010. I called RBS as i thought the wording was suspect and they would offset the money. The advisor on the phone just kept saying i should sign the acceptance letters and wait for the outcome? This seemed quite suspect? Any thoughts?

jongers1
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GlasGaz74
Frequent Contributor

37 Posts

Posted - 12 November 2018 :  20:48:51  Show Profile
Hi jongers1, that's the advice I got of RBS when I received my letters.
I was told if I didn't sign I wouldn't get the money then RBS decided to take the lot on a set off.

G Wood
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Luke4630
Frequent Contributor

48 Posts

Posted - 12 November 2018 :  21:49:47  Show Profile
Yes they changed the wording I noticed that . for some reason rbs sent me cheques 3 month ago which is strange they should have offset that money . I decided not to sign them or send them back .

Colin luke
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head-just-above-water
Frequent Contributor

47 Posts

Posted - 13 November 2018 :  00:22:13  Show Profile
Of the 5 I received with offers 4 still out standing I scored out any reference to set off. And put in a cover letter with reference to the case they lost in January 2017. Which they have have not appealed against or they have left it too long to appeal against. They have since asked me to resign agreeing with set off. And needless to say I have told the to take a running jump. I will see them in court. I have the paper work ready to lodge on monday once they don't reply this Friday. My point to the court is the law as it stands says they can't set off on a debt that has been settled by composition which as the appeal courts have said the final dividend is. I suspect they will send high power lawyers. But at the end of the day. If you do nothing they will walk over you to get to the next victim sorry I mean customer.
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GlasGaz74
Frequent Contributor

37 Posts

Posted - 13 November 2018 :  07:29:11  Show Profile
Your quite right head_above_water, I'm going to take the same action with them. What there are doing is so wrong and the law is on our side.
Wish RBS would do the right thing and pay out the cash owed to us all.

G Wood
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TDA (Debt Adviser)
Trust Deed Expert



12744 Posts

Posted - 13 November 2018 :  08:29:42  Show Profile
Hi all.

I think what RBS has been doing is to follow a standard process to handle their PPI claims.

This includes sending out the award letters etc.

My impression is that they then do a final insolvency check prior to releasing the funds (after everything else has been done).

This would explain the sequence of events that has been reported here for a few years now.


Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
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GlasGaz74
Frequent Contributor

37 Posts

Posted - 13 November 2018 :  12:28:51  Show Profile
Yeah you are correct that is the process they follow, still don't understand how there can carry out a set off on non existing debt

G Wood
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TDA (Debt Adviser)
Trust Deed Expert



12744 Posts

Posted - 13 November 2018 :  12:56:04  Show Profile
The broad contention has been that the potential for a PPI claim existed prior to the trust deed. Therefore they've argued that any liability to you was written off at the same time as your liability to them.

The last time this was tested in court they lost.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
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Luke4630
Frequent Contributor

48 Posts

Posted - 13 November 2018 :  13:34:05  Show Profile
Just got off phone to FCA . No joy there

Colin luke
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head-just-above-water
Frequent Contributor

47 Posts

Posted - 13 November 2018 :  18:17:08  Show Profile
quote:
[i]Originally posted by TDA (Debt Adviser)[/i]
[br]The broad contention has been that the potential for a PPI claim existed prior to the trust deed. Therefore they've argued that any liability to you was written off at the same time as your liability to them.

The last time this was tested in court they lost.



I think they could not claim that if ppi claim was from a previous account that was not part of the trust deed othewise they could claim that for any account that was fully paid trust deed or not. When you made the final payment your liability ended to them so their liability would end to you. That would never hold up. Their liability to the assets holder(trustee or otherwise) is due to their actions in selling the policy. I find it funny that bank staff and sales people who did lie and bend the truth about these policies never faced the consequences
If that was Joe blogg's in the street lying to get people to part with money they would have been jailed for obtaining money by deception. Or out and out fraud.
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jongers1
Contributor

10 Posts

Posted - 13 November 2018 :  18:38:24  Show Profile
Does anyone know if they are reviewing their policy in response to the court case?

jongers1
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