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 RBS PPI Claim After Trust Deed - 2019
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Luke4630
Advanced Contributor

134 Posts

Posted - 05 January 2021 :  10:12:01  Show Profile  Reply with Quote
Mercgaz74 Hi I signed my ppi paperwork 7 years ago .when I contacted a lawyer about this at the the time ,he's said if the offers have been sent they can't be taken back .As kayak said it's the set off that has been proved wrong .I'm in the same boat as Donnelly. RBS sent me cheques but not the full amount .

Edited by - Luke4630 on 05 January 2021 10:12:51
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Mercgaz74
Contributor

13 Posts

Posted - 05 January 2021 :  22:59:48  Show Profile  Reply with Quote
Thanks Luke4630, i originally got offered 15k, then they took it all in an offset and i received nothing. I then got a letter saying i still owe £12k from original loan that was part of my TD. Something is not correct as my loan was only for £14k and i paid 2 years of it before TD. I dont have any original paperwork and each time i request this im advised by RBS the paperwork has been destroyed. Time for a lawyer i think.
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Luke4630
Advanced Contributor

134 Posts

Posted - 06 January 2021 :  09:45:17  Show Profile  Reply with Quote
Hi Mercgaz74 I'd wait a bit longer we could be going to lawyers when they are not needed . I'm hanging off to see if Donnelly had been paid by rbs .
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Mercgaz74
Contributor

13 Posts

Posted - 06 January 2021 :  10:45:22  Show Profile  Reply with Quote
Thanks Luke4630, i will hang off to see what happens with the Donnelly case.
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Kayak
Advanced Contributor

99 Posts

Posted - 06 January 2021 :  16:56:45  Show Profile  Reply with Quote
No surprise with RBS Mercgaz74, they lost my original TD discharge papers, saying they were destroyed!
Today i received the standard "if you dont claim within 12 weeks" letter! They have worded it differently with "set-off" removed, however for me means the same.

The last and most important paragraph reads:
" On receipt,we will endevour to make payment to your nominated account, subject to clearance of any arrears you may have with the Bank".
This may be a different tact with the wording? However i have not signed, nor will do, i will question why there is no amount mentioned. I am still awaiting a reply from the last email i sent!
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head-just-above-water
Advanced Contributor

69 Posts

Posted - 07 January 2021 :  09:44:05  Show Profile  Reply with Quote
I received 4 copies of the "if you dont claim within 12 weeks". I have already emailed John Hutchinson in the executive team asking for an update in the regards to the set off. Will update if I get a response.

Just in case anyone needs the email address I used which are, PPI.ExecutiveConcerns@natwest.com and Alison.Rose@rbs.com & alison.rose@natwest.com who is the CEO of RBS now Natwest.

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Luke4630
Advanced Contributor

134 Posts

Posted - 07 January 2021 :  10:22:45  Show Profile  Reply with Quote
Small update phoned FCA this morning and logged concerns about rbs paperwork and still quoting offset / arrears in the acceptance/declaration forms .advisor said everyone concerned to phone and lodge your concerns . all involved please phone , if they receive a high number off Complaints it will be looked into .
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Kayak
Advanced Contributor

99 Posts

Posted - 07 January 2021 :  18:31:46  Show Profile  Reply with Quote
I received the following today:

"Thank you for your email.

The letters advising of 12 weeks to accept the offers have been sent out as part of a project where outstanding offers have been identified and customers have therefore been written to. I have spoken with the team running this project who have advised that as you are awaiting confirmation of the Bank’s approach after the Donnelly court case, you can ignore the 12 week timescale and this will not apply to customers in your position".

Edited by - Kayak on 07 January 2021 18:32:47
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Luke4630
Advanced Contributor

134 Posts

Posted - 07 January 2021 :  22:27:17  Show Profile  Reply with Quote
Kayak just seen your message ,am I right rbs used the word project .that has annoyed me a legitimate ppi claim to a bank and they come back with that ,project

Edited by - Luke4630 on 07 January 2021 22:32:39
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leeper1974
Advanced Contributor

82 Posts

Posted - 08 January 2021 :  17:07:53  Show Profile  Reply with Quote
I’ve just had this (rather quick) reply after emailing them for an update...

I have spoken with the relevant team and they have now put your payment on hold, until the Bank's approach has been finalised following the Donnelly court case. Our Legal Team are currently reviewing the outcome of the Donnelly case and have advised they will be in touch with me in due course once this has been done. I will let you know as soon as I hear back from them, as I have been liasing with a number of other customers in the same situation.

I trust this email has been helpful, but if you have any further
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Kayak
Advanced Contributor

99 Posts

Posted - 09 January 2021 :  10:36:54  Show Profile  Reply with Quote
Yes Luke4630, thats word for word what i was sent!

The letters advising of 12 weeks to accept the offers have been sent out as part of a project where outstanding offers have been identified and customers have therefore been written to. I have spoken with the team running this project who have advised that as you are awaiting confirmation of the Bank’s approach after the Donnelly court case, you can ignore the 12 week timescale and this will not apply to customers in your position


Edited by - Kayak on 09 January 2021 10:38:27
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Kayak
Advanced Contributor

99 Posts

Posted - 09 January 2021 :  10:45:12  Show Profile  Reply with Quote
Today i have replied to the email for one of the amounts outstanding to me, and i have asked that they send that amount plus any interest accrued, without signing the RBS letter to agree that they can settle any outstanding monies owed(set-off).

I await their reply with interest, bet i can guess what it will be, "Please sign and return the offer letter"???
Wait and see:)
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mickyboy.70
Contributor

9 Posts

Posted - 09 January 2021 :  12:29:32  Show Profile  Reply with Quote
Reference the previous messages, I did sign the RBS letter way back in 2018 but with the written caveat that I did not accept the set off element. I have since emailed RBS 2 days ago saying that in view of recent court rulings that this practice was deemed unjust, and in effect illegal, I want reimbursement of the full amount originally offered. I received an email back the same day, interestingly not rebutting what I had said, with the same wording as leeper1974's response. I think things are finally drawing to a conclusion in our favour, hopefully!
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Kayak
Advanced Contributor

99 Posts

Posted - 14 January 2021 :  22:11:28  Show Profile  Reply with Quote
Got a reply from FCA on my complaint about RBS:

Thank you for contacting the Financial Conduct Authority (FCA).

I understand you wish to complain about the Royal Bank of Scotland and their rules on Set-off for bankruptcy and IVAs. You report the firm continues to send offers which mention set-off and that any monies owed would be retrieved from settlements despite the Supreme Court's ruling on Set offs. You believe the firm is being misleading, manipulative and applying extreme pressure and stress on you especially when the courts have proved their arguments wrong. Thank you for sharing your concerns with us.

Our Role

Just to set your expectations, I wanted to give you an overview of our remit and what we do. We’re tasked with regulating the UK’s financial markets as a whole and are able to provide you with guidance on our rules and expectations of regulated firms. We are unable to intervene in individual cases, and do not have dispute resolution powers for individual complaints, as this is the role of the Financial Ombudsman Service (FOS).

FCA Handbook Rules

I've had a look through our handbook which sets the guidelines on how we expect authorized firms to behave. We do not have specific rules on set offs for IVAs/bankruptcy and this would potentially be a business decision of the firm. I also appreciate that this has become a legal matter in which the Supreme court has provided a ruling and is now a matter for the courts.

How We Use the Information Provided

Thank you for sharing your concerns with us. I have logged this against the firm on our records so the wider FCA organization is aware of your experience and the difficulties you're facing. Due to limitations on the information we can share, we’re unable to provide an update on any actions we may take from receiving this information, however this is valued.
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kdyguy
Regular Contributor

16 Posts

Posted - 18 January 2021 :  15:31:43  Show Profile  Reply with Quote
I got a reply on asking for an update and received the following:

We are still waiting to hear back from our Legal Department who are reviewing the court judgment. I understand that they hope to have finalised this very soon and the Bank will write out to you about the legal principles established in the Donnelly case and how it will affect your PPI Complaint.
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