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Perdo1978
Contributor

14 Posts

Posted - 19 August 2019 :  15:51:02  Show Profile  Reply with Quote
Having received my ppi redress from RBS, the letter mentioned about having, or ever had a trust deed etc.
I dis a search on google and stumbled upon this forum
I take it theres no point in signing the acceptance form as Ill then owe the company whos dealing with it 24% of £9000.

I was discharged from my trust deed 13 years ago if that makes any difference?
Has anyone had any joy getting PPi from

TDA (Debt Adviser)
Trust Deed Expert



13056 Posts

Posted - 19 August 2019 :  15:55:57  Show Profile  Reply with Quote
Welcome to the forum Perdo1978.

RBS has taken a position that they can set-off PPI against debts that they previously wrote off.

If they wrote off £9000 or more as a result of your trust deed, their current position is that they'll keep the PPI claim funds. We understand that if they wrote off less than £9000 that they'd pay you the difference.

Will they have a record of a trust deed that's this old? I don't know the answer but it's a very long time ago.

I'd suggest checking the terms and conditions you signed with the claims firm. They might consider that they're due payment based upon the offer you've received. I really hope this isn't the case but we've heard some unfortunate stories in that respect.

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Perdo1978
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14 Posts

Posted - 19 August 2019 :  16:01:48  Show Profile  Reply with Quote
I feel hard done by then. As my friend, who also couldnt pay his loan with RBS at the same time, just stopped paying it altogether.
He received £8500 as he defaulted on the loan and the account was closed as settled
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Perdo1978
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14 Posts

Posted - 19 August 2019 :  16:10:53  Show Profile  Reply with Quote
They have records of my loqns from 13 years ago. I just assumed theyd have details of my trut deed from same period?
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Kevin Mapstone
Trust Deed Expert



3777 Posts

Posted - 19 August 2019 :  17:59:59  Show Profile  Reply with Quote
I imagine so. Even if not, they may well check back on the Edinburgh Gazette and see your Trust Deed notice there.

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Perdo1978
Contributor

14 Posts

Posted - 21 August 2019 :  12:06:27  Show Profile  Reply with Quote
That only proves I had a trust deed. That wont give details of who my creditors were or amounts owed.
I suspect they will need to have their own records so they can work out offset?

Edited by - Perdo1978 on 21 August 2019 12:08:22
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Kevin Mapstone
Trust Deed Expert



3777 Posts

Posted - 21 August 2019 :  13:58:28  Show Profile  Reply with Quote
Yes, that's true

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David Tannock
Trust Deed Expert



2218 Posts

Posted - 21 August 2019 :  14:25:08  Show Profile  Reply with Quote
Hi Pedro,

As you have pointed out just be careful about proceeding with the offer as the PPI company you are dealing with could insist on their 24% even if you donít physically get any more.

If you do decide to proceed speak with the PPI company about this and that if you donít receive any money and they offset this will you be liable for their fee. Whatever they confirm make sure you receive this in writing.

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Perdo1978
Contributor

14 Posts

Posted - 27 August 2019 :  10:24:12  Show Profile  Reply with Quote
Can The Prescriptions and Limitation (Scotland) Act, 1973 be used?

Edited by - Perdo1978 on 27 August 2019 11:30:42
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TDA (Debt Adviser)
Trust Deed Expert



13056 Posts

Posted - 27 August 2019 :  10:26:12  Show Profile  Reply with Quote
We can't provide legal advice Perdo1978.

We might be able to offer you a practical viewpoint. How are you thinking this might be used?

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Perdo1978
Contributor

14 Posts

Posted - 27 August 2019 :  11:31:30  Show Profile  Reply with Quote
A statute barred debt is one that can no longer be collected by a creditor due to the elapsed time limit laid down in The Prescriptions and Limitation (Scotland)


Edited by - Perdo1978 on 27 August 2019 11:31:51
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TDA (Debt Adviser)
Trust Deed Expert



13056 Posts

Posted - 27 August 2019 :  12:42:52  Show Profile  Reply with Quote
Are you talking about the money RBS might owe to you?

Or do you mean the money that you might owe to the claims company?

Apologies, I'm just not quite clear on what you're thinking about.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
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Perdo1978
Contributor

14 Posts

Posted - 27 August 2019 :  13:00:35  Show Profile  Reply with Quote
The money RBS might owe me.
I assume I will need to argue that the trust deed extinguished the debt before I sign the acceptance form?
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Perdo1978
Contributor

14 Posts

Posted - 27 August 2019 :  13:01:40  Show Profile  Reply with Quote
As it states on the letter if I hqve or have had a trust deed, any ppi owed might be set off against it.
I assume if I sign that then all bets are off?
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TDA (Debt Adviser)
Trust Deed Expert



13056 Posts

Posted - 27 August 2019 :  13:19:45  Show Profile  Reply with Quote
RBS was previously arguing that the point of set-off happening is when your trust deed began.

To put it broadly, both your debt to them and their debt to you were "in" the trust deed.

If that's still the argument, then prescription wouldn't seem to be relevant.

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Perdo1978
Contributor

14 Posts

Posted - 27 August 2019 :  13:34:57  Show Profile  Reply with Quote
If thats the case, why didnt they dis lose my ppi money as an asset?
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