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 - 07 October 2019 :  21:55:41  Show Profile  Reply with Quote
Here's the case description for the next 2 days. I think I understood bits of it!

"The appellant bank appeals against the decision of the Sheriff Appeal Court (SAC) which held, applying the Inner House decision of Dooneen Ltd v Mond [2016] CSIH 59 (Dooneen), that the reclaimer was not entitled to plead and hence apply insolvency set-off in respect of the balance of sums said to be due under pre insolvency loan agreements, against sums agreed post insolvency to be paid to the respondent in respect of PPI misselling on those loans. In the intervening period between the loan agreements being entered into and the PPI sums being agreed the respondent was placed and subsequently discharged from a trust deed and the reclaimer received a dividend for a claim submitted for the unpaid loan agreements.

The issues the appeal raises include:

(1) whether the SAC erred in concluding that Dooneen fell to be applied unless it could be distinguished and erred in so applying Dooneen;

(2) whether the SAC erred in failing to recognise that there had been a concursus debiti et crediti at the date of the trust deed to allow the application of set-off retro to the date of the trust deed;

(3) whether the SAC erred in holding that insolvency set-off could not apply in the instant case because of the termination of the trust and the discharge of the respondent; and

(4) whether the SAC erred in failing to recognise that the overriding principle of insolvency set-off and insolvency law were to avoid gross and manifest injustice which would occur if set-off was not permitted in the instance case."

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Duckbill
Regular Contributor

20 Posts

Posted - 08 October 2019 :  15:22:22  Show Profile  Reply with Quote
Just a thought. Has anyone actually gone to the court? It might be informative to hear how the first day went.
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Luke4630
Advanced Contributor

117 Posts

Posted - 08 October 2019 :  18:01:02  Show Profile  Reply with Quote
Was going to go but away on holiday . Not sure if this court has live video feed. I watched the mond v dooneen case few month back
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Kayak
Advanced Contributor

72 Posts

Posted - 08 October 2019 :  22:14:54  Show Profile  Reply with Quote
Can you post a link to the case i cant find it, thanks
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Kayak
Advanced Contributor

72 Posts

Posted - 08 October 2019 :  22:41:59  Show Profile  Reply with Quote
Found it:
(Broken external link removed by admin).
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Duckbill
Regular Contributor

20 Posts

Posted - 09 October 2019 :  16:40:54  Show Profile  Reply with Quote
Any idea when the outcome will be available?
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 09 October 2019 :  21:07:34  Show Profile  Reply with Quote
I don’t know when a decision will come.

There doesn’t seem to be any industry chat about the case in the usual LinkedIn or Twitter circles.

Let’s hope it doesn’t take too long.

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Angibabes
Contributor

14 Posts

Posted - 14 October 2019 :  09:02:19  Show Profile  Reply with Quote
Hey

Has anyone heard anything about this?

As it's all gone quiet.

Thanks
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 14 October 2019 :  09:09:36  Show Profile  Reply with Quote
Hi Angibabes.

I've still heard nothing I'm afraid. We've seen over time that these things often don't move quickly.

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chestnut888
Just Joined

1 Posts

Posted - 14 October 2019 :  13:56:58  Show Profile  Reply with Quote
I received the following message as a reply from the Scottish Courts Twitter after enquiring after the case: ‘This case is at avizandum, ie is being considered by the court and a judgment will be issued later. This was on 9 October and the decision will take at least 3 months but it can be longer. It will be up to the judge whether the decision is published on the SCTS website’
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 14 October 2019 :  14:31:05  Show Profile  Reply with Quote
Welcome to the forum chestnut888.

We very much appreciate you sharing what you have found out.

It looks like we're looking to January 2020 (at least) until we know the outcome here.

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Kayak
Advanced Contributor

72 Posts

Posted - 14 October 2019 :  21:30:25  Show Profile  Reply with Quote
I have had an offer for two that RBS missed with the normal set off clause. Is there a time limit to reply when an offer is made as i was waiting for the outcome before i wrote back, if RBS lost then they may not have been able to sett off?
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 14 October 2019 :  23:09:16  Show Profile  Reply with Quote
Hi Kayak.

Did the offer letters mention any time limit?

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Theresagreen
Regular Contributor

21 Posts

Posted - 15 October 2019 :  00:44:57  Show Profile  Reply with Quote
I was told that I had three ppi claims with RBS through a claims company. I only accepted one because when I phoned the bank they told me that it was being offset. I told the claims firm this and they cancelled the other two. Imagine my surprise when I received a cheque this morning for the first claim. I feel cheated again as I cancelled the other two claims.
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Kayak
Advanced Contributor

72 Posts

Posted - 15 October 2019 :  20:11:30  Show Profile  Reply with Quote
quote:
[i]Originally posted by TDA (Debt Adviser)[/i]
[br]Hi Kayak.

Did the offer letters mention any time limit?


No nothing
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