Trust Deed Forum - RBS PPI Claim After Trust Deed - 2019
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Luke4630
Advanced Contributor

117 Posts

Posted - 05 June 2020 :  11:18:56  Show Profile  Reply with Quote
Mb77 please forward complaint to FOS if you haven't already ,I believe FOS are going to go against rbs .And within you complaint ask for compensation for upset and distress caused by rbs FOS have a section on there website ,if you need any help send me an email
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Mb77
Contributor

11 Posts

Posted - 05 June 2020 :  21:00:38  Show Profile  Reply with Quote
Thanks very much for the feedback it has really reassured me and I am very grateful. Thanks Luke4630 I will do re FOS. I will let you know how I get on. Thanks so much again
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wishfulthinker22
New Member

5 Posts

Posted - 17 June 2020 :  09:45:00  Show Profile  Reply with Quote
Morning all,
I am in a similar position to most on here with a PPI payment off-set by RBS. I have lodged a complaint with them and had the same reply as the rest of the people on here.

I've not raised it with FOS yet though. I did call them about 18 months ago ( maybe longer ) and the person I spoke to said basically not to bother wasting my time.

Is it worth lodging a complaint with them also? Is there a template email anyone can share?
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Luke4630
Advanced Contributor

117 Posts

Posted - 17 June 2020 :  10:18:12  Show Profile  Reply with Quote
Lodge a complaint with FOS ,and add in compensation for undue delay with payment and for upset and distress caused by rbs ,I can email you some info if you need it ,FOS have a complaints section on there website and form to fill in ,As for person on the phone saying not to bother wasting your time they should be held accountable ,
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goneunder
Advanced Contributor

113 Posts

Posted - 14 July 2020 :  11:23:51  Show Profile  Reply with Quote
Hi , could someone confirm the position for me here . I have had paperwork saying I have a successful PPI claim against RBS . I previously had a trust deed which ended in 2015 . I made the application last year just before the deadline .
Will I receive the sum or will it go to the trustee ?

I think this is on a similar idea to the posts on this thread ?
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 14 July 2020 :  11:34:31  Show Profile  Reply with Quote
Hi goneunder.

I'm replying on the assumption that your trustee has been discharged as well as you, and that you owed money to RBS that was written off via your trust deed. If this isn't all correct please let us know.

As it stands we'd expect that RBS will hold onto this money. Their position is that they should be able to set it off against the debt that you owed to them which wasn't repaid via your trust deed.

The Supreme Court is scheduled to determine whether RBS are correct to do this.

If RBS wins I'd expect they'll keep the money to set it off against your old debt.

If RBS loses I'd expect they'd have to pay the money to you.

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

113 Posts

Posted - 14 July 2020 :  20:12:04  Show Profile  Reply with Quote
Thank you for you reply . You are correct on all the points .

I guess we have to wait on the decision, or a see people have been advising others to contact the FOA, should I also do this ?

Thanks
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 15 July 2020 :  11:33:55  Show Profile  Reply with Quote
Hi goneunder,

I'm really not sure how much advantage there is to registering a complaint with the Financial Ombudsman but, perhaps more importantly, there's no cost to you (and not much hassle) if you do go ahead with it. Nothing to be lost.

As an addition to my previous post, there is also potentially another route RBS could take if they lose this case.

Without going into too much detail here, I'd suggest you have a read of the following article that we've tried to keep up to date as things have developed:

https://www.trust-deed.co.uk/rbs-and-ppi-claims-after-trust-deeds.html


Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
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ewenR22
Contributor

7 Posts

Posted - 15 July 2020 :  20:07:42  Show Profile  Reply with Quote
Looking for a bit of advice. I'm in the same boat as a lot on this thread but I opted for a company to do the the work ( thinking they wouldn't get anything as already done through the TD) but they got 13 claims accepted with the RBS.

RBS has paid some but not all as they said it's to offset the debt (discharged March 2015). Now I have a bill for over 5k for fees as the company have been told all payments were made in May.

I have also raised a complaint with the FOS.

Does anyone have any ideas/suggestions going forward.

TIA.

ewenR22
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 15 July 2020 :  21:10:38  Show Profile  Reply with Quote
Welcome to the forum ewenR22.

Was the claims firm aware of your previous trust deed? They really should have made you aware about the uncertainties of your claims against RBS if they were.

Are the fees payable? That's a contractual issue between you and the claims firm and will depend upon the terms you agreed to.

In terms of your claims and whether they'll be paid in full eventually, it's probably just a wait and see scenario at the moment.

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

Edited by - TDA (Debt Adviser) on 15 July 2020 21:11:11
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ewenR22
Contributor

7 Posts

Posted - 15 July 2020 :  21:28:09  Show Profile  Reply with Quote
Thank you

For the life of me I cant remember if I filled out a form or whether it was done over the phone. I think at the time we were being bombarded with calls,emails,texts and letters leading up to the closing date.

But will find out.
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 15 July 2020 :  21:32:15  Show Profile  Reply with Quote
You could ask them to supply a copy of the agreement ewenR22.

You'll obviously have to pay the fees in respect of money actually received.

In terms of the wider RBS situation however they really should have:

1 - Asked you if you'd ever used an insolvency process.

2 - Warned you about the uncertainty of RBS claims if they were aware you'd been in a trust deed.

3 - Made you aware of the risk that you'd have to pay fees for a "payout" that you did not receive.

If they didn't, at the very least you've got some arguments to use when negotiating with them. They have a duty of care to customers as a provider of advice and claims services.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
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ewenR22
Contributor

7 Posts

Posted - 15 July 2020 :  22:22:22  Show Profile  Reply with Quote
The money I have recieved so far from RBS I have paid the claim company their fees so far.

ewenR22
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 16 July 2020 :  09:13:26  Show Profile  Reply with Quote
Hi ewenR22.

I hope you're able to come to a satisfactory arrangement with the claims firm.

Are they pressing you for payment now?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
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ewenR22
Contributor

7 Posts

Posted - 16 July 2020 :  12:41:50  Show Profile  Reply with Quote
Seem happy at the moment.

Thanks for your help.
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