Trust Deed Forum - RBS/Capital One PPI Offset
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 RBS/Capital One PPI Offset
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Hopefloats
New Member

6 Posts

Posted - 09 August 2019 :  11:22:59  Show Profile  Reply with Quote
Just thought I’d post for people who are waiting on an ombudsman decision regarding PPI offset. I have a complaint in for both RBS and Capital One (it appears that capital one is or was part of RBS as it was them the ombudsman quoted in my letter). My complaint about offsetting PPI has been rejected by the adjudicator. I did call to escalate it and spoke about the upcoming RBS court case but it states in the letter ‘as a service, we’ll take into account the relevant law and what the courts say...and sometimes this means we’ll reach a different outcome to the courts.’
Ultimately they believe that the debt still exists after a trust deed and while it cannot be chased it can be recovered from any PPI.
Sorry for the bad news #9785;#65039;

TDA (Debt Adviser)
Trust Deed Expert



13031 Posts

Posted - 09 August 2019 :  12:50:17  Show Profile  Reply with Quote
Hi Hopefloats.

Capital One and RBS are entirely separate firms, so I'm a little confused by this part of what you are reporting.

I guess you'll need to wait for the RBS court case to happen in order to establish whether you can revisit this claim.

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Hopefloats
New Member

6 Posts

Posted - 09 August 2019 :  13:24:23  Show Profile  Reply with Quote
The letter states having spoken to you and RBS. I also found that confusing, but that’s exactly what it says. There were many errors in the letter - the date of my trust deed was wrong, they claimed to have sent me correspondence which I never received - maybe this is another one. It did look like it was very rushed and seemed like the adjudicator just wanted it closed off. As I stated above they told me it doesn’t matter what the courts say, they are not waiting for the court case to make a decision. They have referred it to the ombudsman but have said that decision will be final

Edited by - Hopefloats on 09 August 2019 13:48:17
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contoboy
Frequent Contributor

39 Posts

Posted - 10 August 2019 :  08:52:46  Show Profile  Reply with Quote
I complained to the ombudsman around 2 months ago regarding RBS and still waiting on a reply. Just need to wait for all to be resolved when the case goes to the Supreme Court.
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TDA (Debt Adviser)
Trust Deed Expert



13031 Posts

Posted - 12 August 2019 :  08:10:36  Show Profile  Reply with Quote
Irrespective of the ombudsman's decision, I agree with contoboy that the most important development is likely to be the court case later this year.

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Hopefloats
New Member

6 Posts

Posted - 12 August 2019 :  09:18:21  Show Profile  Reply with Quote
Just to update I spoke to the adjudicator this morning. He said this is a decision they have made regarding all cases of this type where a debt exists (and they consider a discharged trust deed to still have an existing debt). He stated they ARE NOT waiting for any court cases. He also told me that he would ensure an ombudsman looks at my case but not to expect any different outcome as this is how they decided across the entire organisation to treat all cases like mine. These were his exact words and not my interpretation!
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TDA (Debt Adviser)
Trust Deed Expert



13031 Posts

Posted - 12 August 2019 :  09:32:04  Show Profile  Reply with Quote
Hi Hopefloats.

I understand what you're saying, the Ombudsman has taken a view on this situation and are sticking to it.

It remains important to RBS, and to you, which way this court case goes.

Things may change in your favour later.

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Mb77
New Member

3 Posts

Posted - 12 August 2019 :  13:36:45  Show Profile  Reply with Quote
Hi
I received a call from the FOS today telling me the same thing. RBS had previously sent me a cheque for 2500 which was what was left over after offset. FOS has advised me not to cash as obviously I was looking for a much larger settlement. They have since ruled that they are not upholding and that RBS can offset and I also will now not even receive the 2500 . I asked why they were now not waiting on the case which was previously what I was told they were waiting on and they said because it is taking too long. I am not sure where this leaves me now. If the case is upheld will RBS have to give me the money or is this the end of the road for me? Or do I need a solicitor? Thanks
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TDA (Debt Adviser)
Trust Deed Expert



13031 Posts

Posted - 12 August 2019 :  13:41:56  Show Profile  Reply with Quote
Hi Mb77 and welcome.

I think you hold on for the court case.

I'm not sure how RBS could stand by their previous decisions if the court case went against them.

Up to you regarding a solicitor I guess - but it could be expensive without any guarantee of improving your chances of receiving any money.

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