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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Kayak
Advanced Contributor

108 Posts

Posted - 30 November 2020 :  19:41:57  Show Profile  Reply with Quote
Court case is 10 am tomorrow morning. My understanding is thats its RBS V Donnelly this time, so could it be another long drawn out process, appeals etc? Lets hope all the judges follow their peers. The only angle i think RBS have not tried is to prove if Mrs Donnelly had prior knowledge that she was entitled to PPI and never declared it. If so i think thats fraud?
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Kayak
Advanced Contributor

108 Posts

Posted - 30 November 2020 :  19:47:39  Show Profile  Reply with Quote
I DONT SEE THE CASE ON THE COURT SCHEDULE FOR TOMORROW!! IT WAS THERE ON FRIDAY!
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Duckbill
Frequent Contributor

27 Posts

Posted - 01 December 2020 :  18:15:07  Show Profile  Reply with Quote
This is the link to the Donnelly hearing this morning. https://www.scotcourts.gov.uk/current-business/court-rolls/court-roll?id=68a171a8-8980-69d2-b500-ff0000d74aa7
Don't know much else.
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Duckbill
Frequent Contributor

27 Posts

Posted - 01 December 2020 :  18:19:15  Show Profile  Reply with Quote
By the way, it is fourth from the bottom - a long way down.
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Bacardibill
Frequent Contributor

27 Posts

Posted - 02 December 2020 :  18:41:54  Show Profile  Reply with Quote
Comment this morning from Edinburgh Court House when I contacted them..

Case XA17/17
"The hearing did not go ahead as planned and as you are not directly involved in this case I can not advise any further details".

Disappointing not sure what has happened there.....

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Kayak
Advanced Contributor

108 Posts

Posted - 02 December 2020 :  19:15:35  Show Profile  Reply with Quote
I received this:
Thank you for your email. I have spoken with the Legal Team who have advised that this was a procedural hearing which was dealt with administratively, hence why it did not require to call in court. There is no update to the general position however, which remains the same.



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



Kind regards



John Hutcheon | Service Complaint Handler | Remediation Operations
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mickyboy.70
Contributor

12 Posts

Posted - 04 December 2020 :  16:04:39  Show Profile  Reply with Quote
As the outcome looks quite positive, does that mean RBS will have to pay additional interest on the monies owing to us?
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TDA (Debt Adviser)
Trust Deed Expert



13851 Posts

Posted - 05 December 2020 :  15:52:42  Show Profile  Reply with Quote
Hi mickyboy.70.

We're not claims experts, but if RBS find themselves having to pay out I'd have thought that interest would be added right up until the payout date.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
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mickyboy.70
Contributor

12 Posts

Posted - 06 December 2020 :  11:51:06  Show Profile  Reply with Quote
Thanks TDA, my thoughts exactly.
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Angibabes
Regular Contributor

17 Posts

Posted - 14 December 2020 :  12:55:45  Show Profile  Reply with Quote
Hey

Has anyone heard anymore since the hearing the other week?

Thanks
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Kayak
Advanced Contributor

108 Posts

Posted - 14 December 2020 :  19:39:44  Show Profile  Reply with Quote
Just my post above that it was a procedural hearing.
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candlewick
Advanced Contributor

348 Posts

Posted - 19 December 2020 :  02:28:54  Show Profile  Reply with Quote
Judgement for the RBS v Donnelly appeal was published on the Scottish Courts website on the 17th (under 'Judgements' and Court of Session).

Looks like Donnelly won - but the judgement is clear that it was about the circumstances of that case specifically rather than giving blanket coverage of all trust deeds.

That said, the Donnelly case did have many similarities with the circumstances described by posters on here - so hopefully that will be a factor that the RBS lawyers bear in mind.

P.S. If you want to read the judgement, I warn you that much of it makes previous judgements look like Ladybird books! The last half dozen pages or so are where the final decision gets pulled together and then delivered.

Edited by - candlewick on 19 December 2020 02:33:24
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HighFive
Frequent Contributor

42 Posts

Posted - 19 December 2020 :  10:13:08  Show Profile  Reply with Quote
I like many others have been quoted the outcome case as a reason to withhold payment so it probably affects more than you think. The only problem I see is that RBS can now appeal this decision to the Inner Court and then Supreme Court?
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Mb77
Regular Contributor

18 Posts

Posted - 19 December 2020 :  11:15:38  Show Profile  Reply with Quote
Does this mean we will all need to go to court?
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candlewick
Advanced Contributor

348 Posts

Posted - 19 December 2020 :  12:57:02  Show Profile  Reply with Quote
quote:
[i]Originally posted by HighFive[/i]
[br]I like many others have been quoted the outcome case as a reason to withhold payment so it probably affects more than you think. The only problem I see is that RBS can now appeal this decision to the Inner Court and then Supreme Court?



Thank you - I didn't realise that RBS had been sharing the outcome of the case. Seems a bit cheeky when the official Opinion of Lady Wolffe is only dated the 16th and wasn't published until the 17th!

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