Trust Deed Forum - RBS PPI Claim After Trust Deed - 2019
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 RBS PPI Claim After Trust Deed - 2019
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 20 August 2020 :  21:06:43  Show Profile  Reply with Quote
Hi ewenR22.

We've heard about similar responses from the Financial Ombudsman.

Their starting point is usually to put someone back in the position they were in had a financial company not caused a problem.

We think they're taking the view that consumers have not experienced a loss that needs to be put right because the money really should have been paid into their trust deed (if the bank hadn't applied set-off).

The Supreme Court would look at this situation from a different angle.

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

Edited by - TDA (Debt Adviser) on 20 August 2020 21:15:54
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ewenR22
Contributor

7 Posts

Posted - 20 August 2020 :  22:02:24  Show Profile  Reply with Quote
Is it worth questioning the decision from the FOS?

ewenR22
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 20 August 2020 :  22:12:05  Show Profile  Reply with Quote
I can't really answer that ewenR22.

It's up to you whether you want to press this case further and whether you think the effort could be worthwhile. Some of the other contributors to this thread might want to share how they see this with you.

We're not sure that much will change until there's further legal clarity as to whether the stance RBS has taken is justified or not.




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

117 Posts

Posted - 22 August 2020 :  14:39:11  Show Profile  Reply with Quote
In my opinion FOS are not following there guide lines / statements they quote on the official web site ,1) consider relevant case law 2) custom and practice I could add more,I have raised my concerns about FOS with my MSP and a background ,
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Mandyn
Just Joined

2 Posts

Posted - 03 September 2020 :  11:04:26  Show Profile  Reply with Quote
Hello , Iíve recently received a letter from RBS saying they are offsetting my PPI payment of approx £5000 to my previous Trust Deed debt , I was discharged in 2016 and I feel so angry. Does anyone have a template I can send to the FOS as Iím not sure how to word my complaint. Thank you
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 03 September 2020 :  11:10:53  Show Profile  Reply with Quote
Welcome to the forum Mandyn.

If you haven't seen it already I'd suggest that you read the following article on this topic:

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

The Financial Ombudsman does not appear to have been supportive of this type of complaint to date.

There's legal action pending that might result in an outcome you consider to be positive in the longer-term.

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

2 Posts

Posted - 03 September 2020 :  11:35:26  Show Profile  Reply with Quote
Thank you for the link .. however I feel I need to start my complaint in case the Supreme Court decides against RBS . Iím almost positive that you only have a certain period of time to complain.. Iíve also requested a breakdown of the PPI payment as Iím positive that a tax amount has to be deducted so we can claim that back from HMRC but they are dragging their feet.. so frustrating!!
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Luke4630
Advanced Contributor

117 Posts

Posted - 07 September 2020 :  17:33:50  Show Profile  Reply with Quote
Small update ,meeting with MSP today went good she is going to look into things further and is on our side in regards to FOS and there decisions .keep you posted
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Luke4630
Advanced Contributor

117 Posts

Posted - 07 September 2020 :  17:46:04  Show Profile  Reply with Quote
Mandyn if you need any help with FOS send me an email to ,lukecg@aol.com ,I'll get back to you .
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Kayak
Advanced Contributor

72 Posts

Posted - 12 October 2020 :  10:04:51  Show Profile  Reply with Quote
I have, without set off, two accounts that RBS asked me to sign off for payment, which i refused as i disagree with set off based on the current case. I sent them a letter asking for the interest to be paid while i await the outcome of the court case. This is the reply i got.

Thank you for your email.



We are unfortunately unable to pay you the interest from these two refunds, as the interest is included as part of the PPI refund which the Bank has right of set off for.



I trust this information has been helpful, but if you have any further queries, please let me know.



Kind regards



John Hutcheon | PPI Executive Concerns
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Kayak
Advanced Contributor

72 Posts

Posted - 12 October 2020 :  11:19:26  Show Profile  Reply with Quote
And another, very prompt reply!

I can see that you had a number of refunds that we paid out back in 2012, where we offset the refunds and paid the interest to you by cheque.



I have queried this with our internal Debt Review and Payments teams who have advised me that a change in process has occurred since 2012. They have advised that we used to pay customers the interest as a gesture of goodwill, however, the internal change of process means the Bank no longer do this. They have advised that this change in policy was approved by our Legal department.



In regards to the latest on the Supreme Court case, I spoke with a member of the Legal department last week relating to a customer in a similar position to yourself. They advised that the Supreme Court reopened at the beginning of October after their summer term had ended in August, but the Bank are still waiting to hear back from them regarding the appeal.



I trust this information has been helpful, but if you have any further queries, please let me know.



Kind regards

John Hutcheon | PPI Executive Concerns
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Luke4630
Advanced Contributor

117 Posts

Posted - 13 October 2020 :  13:23:58  Show Profile  Reply with Quote
Feedback from FOS complaints no movement in there decisions , My MP is looking at passing it higher up in goverment ,keep you posted
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Duckbill
Regular Contributor

20 Posts

Posted - 22 October 2020 :  12:29:42  Show Profile  Reply with Quote
Hi All,
I really don't think we are going to get anywhere until the outcome of the case at court, does anyone know when this case is starting? I am really starting to lose patience.
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