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Luke4630
Advanced Contributor

54 Posts

Posted - 21 January 2019 :  18:15:21  Show Profile  Reply with Quote
Had to Open a new thread on this subject

Colin luke

TDA (Debt Adviser)
Trust Deed Expert



12985 Posts

Posted - 21 January 2019 :  19:18:21  Show Profile  Reply with Quote
By clicking the link below you'll find what we know about this situation. This might be useful for people reading this thread who are new to the topic.

This article was last updated in November 2018.

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

Unless and until something changes, I doubt we'll have much else to contribute on the topic. As we've seen recently, things can change very slowly when the courts get involved.


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Gazza
Contributor

10 Posts

Posted - 08 February 2019 :  01:17:41  Show Profile  Reply with Quote
I thought RBS had lost there case in court
Do you think they will go back and challenge the Donnely case again as they have informed me they are off setting funds owed to me.

Gary Cooper
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TDA (Debt Adviser)
Trust Deed Expert



12985 Posts

Posted - 08 February 2019 :  10:56:28  Show Profile  Reply with Quote
Hi Gazza,

There have been reports that they will challenge the verdict that went against them last time.

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GlasGaz74
Frequent Contributor

43 Posts

Posted - 09 February 2019 :  10:42:31  Show Profile  Reply with Quote
Hi Gazza, I'm in the same situation as you, RBS advised there are appealing the Donnelly case and should be heard at court 1st half of 2019.
Hopefully RBS will Lose this appeal.
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Gazza
Contributor

10 Posts

Posted - 10 February 2019 :  00:41:27  Show Profile  Reply with Quote
Hi there
I hope so as they are dragging there feet and
Just wishing that people will just get fed up and not persue them for there monies over due from Rbs.

Gary Cooper
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Sharon Toal
Trust Deed Expert



351 Posts

Posted - 13 February 2019 :  14:57:44  Show Profile  Reply with Quote

I am sure we can all agree PPI is a rather complex and emotive subject.

Hopefully a decision can be reached quickly.

Sharon is no longer posting in the forum.
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Gazza
Contributor

10 Posts

Posted - 13 February 2019 :  18:21:33  Show Profile  Reply with Quote
Again received another 4 letters from Rbs showing what they are with holding due to off set. Phoned there DMS department who informed me again badicly if i am not happy i can complain to omnusbusman. Asked about there appeal regards donnely case no reply.

Gary Cooper
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Sharon Toal
Trust Deed Expert



351 Posts

Posted - 14 February 2019 :  08:55:36  Show Profile  Reply with Quote
Gazza

The whole PPI issue has raised a number of complicated and challanging legal decisions.

I know it seems like when one problem is resolved, another one is created.

Hope you get a speed resolution.



Sharon is no longer posting in the forum.
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Almost_There
Regular Contributor

16 Posts

Posted - 14 February 2019 :  10:40:55  Show Profile  Reply with Quote
Hi, I have PPI with RBS which is going through DMS. The amount they owe is significantly more than I owed them, almost double. Will they refund the difference and then dispute the remainder as offset? Or will they hold it all until they work through this appeal? Anyone able to offer any insight?
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Swandog
Advanced Contributor

200 Posts

Posted - 14 February 2019 :  10:57:50  Show Profile  Reply with Quote
Im not sure what would happen.

I suspect it might just be easier for the RBS to hold the funds until the outcome of the appeal and then decide what happens.

If they are due you more than the debt you have with them then I would assume you would receive the difference.

Id write to them and ask the question to see what they say.
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head-just-above-water
Advanced Contributor

54 Posts

Posted - 16 February 2019 :  10:34:20  Show Profile  Reply with Quote
Just got a letter from RBS this morning. Outlining their position after the Dooneen case make no reference to their upcoming case (if there is one, as I cant see any reference on the roll of court of appeal/session. how do I attached the letter. Cheers HJAW
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head-just-above-water
Advanced Contributor

54 Posts

Posted - 16 February 2019 :  21:26:44  Show Profile  Reply with Quote
Copy of letter received from RBS on Sat 16/02/19
--------------------------
11 February 2019

Dear [name removed]

Payment Protection Insurance (PPI) policy with The Royal Bank of Scotland (the Bank)

Your Completed Trust Deed

We write in relation to the above Trust Deed.

To date there has been uncertainty about whether, as a matter of law, (i) a customer or (ii) a
former Trustee is entitled to payment of a surplus PPI redress payment in circumstances where
the relevant PPI policy was sold to the customer prior to that customer entering into a Trust Deed
which has been completed.

As a result of this, the Bank placed the processing of the surplus PPI redress payments in cases
involving a completed Trust Deed on hold, pending the settlement of the legal position in the case
of Dooneen and others v Mond ("Dooneen").

Judgment of the Supreme Court in Dooneen

The Supreme Court delivered its judgment in Dooneen on 31 October 2018 and determined that
the customer, rather than the Trustee, was entitled to receive the surplus PPI redress payment.
The decision represents the settled legal position.

This judgment informs the Bank's approach to processing payment in cases where the Trust
Deed contains the same or similar provisions to those being considered in Dooneen.

Payment of surplus PPI redress to be made to you

Now that a settled legal position has been reached by the courts, payment of the surplus PPI
redress funds in the above case can now be processed. Accordingly, the Bank will process
payment of the POI redress as follows:

1. the Bank will set the payment off against any balance owed to the Bank by you;

2. payment will be made in the amount of redress,[Amount removed] confirmed in the final decision
letter previously sent on 17/10/2018;

3. interest will be paid in line with Financial Ombudsman Service guidance at a rate of 15%
up to 31st March 1993 and 8% from 1st April 1993 to the date of payment; and

4. any surplus payment will be made to you.

Please note that the Bank will recalculate the offer amount prior to payment. The recalculation
may result in a marginal increase in the amount paid. Any significant decrease will be
communicated with you as appropriate.

The Bank will proceed on the basis that your accept the proposal to make payment as set out
above. The payment will be treated as being made in full and final settlement of all sums which
are or may be due to you by the Bank and will extinguish any and all claims for redress in
connection with the relevant sale of PPI by the Bank.

If you have any queries, please contact the PPI Concerns Insolvency Team in writing at the address
at the top of this letter.



Yours sincerely

PPI Concerns Insolvency Team
----------------------------------
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Kevin Mapstone
Trust Deed Expert



3753 Posts

Posted - 17 February 2019 :  21:59:33  Show Profile  Reply with Quote
So to be clear - have they reduced the amount that you are due from your PPI reclaim due to debts they say are owed to them but which were dealt with by a Trust Deed?

Are you planning to accept their offer, HJAW?

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head-just-above-water
Advanced Contributor

54 Posts

Posted - 17 February 2019 :  22:25:04  Show Profile  Reply with Quote
I did phone them and was informed a cheque has been issued for this claim but the other 8 where still on hold, I then asked if any set off has been applied, they also said no set off on this claim, and again other 8 are on hold.

I find it laughable that before the trust-deed they said I never had any PPI and then due to RBS paying out a 50% claim to my wifes PPI claim to her PTD, I then used that reference to find out I had 9 accounts that had PPI with RBS. If they had said I had PPI before the PTD I would never had to go into PTD.

My favourite phrase on this to RBS is "Hell mend you."

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Angibabes
New Member

6 Posts

Posted - 19 February 2019 :  12:15:01  Show Profile  Reply with Quote
Hi head above water

the latest RBS letter didn't mention anything about the Donnelly v RBS appeal. I wonder what is happening with that.
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