Trust Deed Forum - RBS PPI Claim After Trust Deed - 2019
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TMClaims
New Member

6 Posts

Posted - 22 November 2019 :  08:20:50  Show Profile  Reply with Quote
The RBS appeal judgement was handed down yesterday (21-11-19) and RBS lost,as such any PPI refund offered after a Trust Deed completed (Both Debtor and Trustee discharged and final distribution made) cannot be offset and must be paid to the debtor.
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 22 November 2019 :  08:29:14  Show Profile  Reply with Quote
Thank you TMClaims.

Hereís the link everyone:

https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019csih56.pdf?sfvrsn=0

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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 22 November 2019 :  10:17:43  Show Profile  Reply with Quote
This, right at the end of the judgment, suggests (for this case at least) that we might not yet be at the end of the road...

"Finally, we should note that there is no claim before the court on this appeal for reduction (setting aside) of the actings of the trustee so as to re-open the trust proceedings and allow the bank to assert its right of set-off in the insolvency. The issue was noted by Lord Reed in Dooneen. The discharge of the debtor was reduced in Baillie v Young so as to allow set-off to be operated. We were told that there is an action on foot at the instance of the bank to achieve that result in this case if it is unsuccessful in its appeal. Nothing we have said in this Opinion should be taken as expressing any view on the merits or otherwise of such a course."

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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 22 November 2019 :  10:51:19  Show Profile  Reply with Quote
Will anyone who's written here about the Financial Ombudsman rejecting their complaint now be going back to them and asking for it to be reconsidered?

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TMClaims
New Member

6 Posts

Posted - 22 November 2019 :  16:22:52  Show Profile  Reply with Quote
I don't think the last paragraph is relevant as that was covered by Dooneen in the Supreme Court
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TMClaims
New Member

6 Posts

Posted - 22 November 2019 :  16:26:15  Show Profile  Reply with Quote
The FOS don't have to consider the Law, they operate on the basis of what they think is fair, and they normally consider that PPI refunds shouldn't be repaid by a lender that hasn't recovered 100% of the debt that went into a Trust Deed.
An action in a Sheriff Court quoting the Court of Session opinion should be straightforward if a Letter before Action doesn't result in the refund being paid out.
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 22 November 2019 :  16:45:11  Show Profile  Reply with Quote
Thanks TMClaims.

My recollection was that the possibility of a "reduction" route was mentioned and left open in the Supreme Court judgment. I just looked back and found a forum poster who'd been offered a "deal" by the IP so that an attempt at this route wouldn't be taken.

It feels a long time ago and I may not be remembering correctly. How do you see this point?


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Mb77
Contributor

11 Posts

Posted - 22 November 2019 :  18:24:32  Show Profile  Reply with Quote
Hi
What would you recommend as the course of action with RBS. Should I contact them and ask them to pay me the ppi compensation? Is it best to involve a solicitor? Is there now an obligation for RBS to pay the compensation without further action?
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 22 November 2019 :  19:31:00  Show Profile  Reply with Quote
I donít think we know these answers currently Mb77.

No harm in calling and asking for the money though? It would be interesting to know their response.

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Kayak
Advanced Contributor

72 Posts

Posted - 22 November 2019 :  20:58:23  Show Profile  Reply with Quote
This is both interesting and exciting. I would hope in this case that RBS who will be more than aware of who they have set off, will contact them and offer the return of funds in full? I am fortunate to have been sent a complete breakdown by them of what was set off and what was paid and what their latest offer on 2 accounts they failed/forgot to pay out on. The interesting point for me in this letter is prior to me receiving it they said they had no knowledge of PPI claims, although they supplied a comprehensive breakdown in the next letter. I hope that they also make a press announcement??
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TDA (Debt Adviser)
Trust Deed Expert



13520 Posts

Posted - 22 November 2019 :  22:51:04  Show Profile  Reply with Quote
A very positive moment for those hoping to receive a payment Kayak.

I doubt weíll see a press announcement. Thereís very little about this judgment registering on Google or social media. Outside of this forum, this is pretty niche interest stuff.

The first I heard was TMClaims posting about it this morning. The poster is a Director of a claims firm.

Will you call and ask for a payment? It would be great to learn their response.

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TMClaims
New Member

6 Posts

Posted - 23 November 2019 :  09:16:17  Show Profile  Reply with Quote
Today's edition of the Herald has it on the front page
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Kayak
Advanced Contributor

72 Posts

Posted - 23 November 2019 :  09:32:30  Show Profile  Reply with Quote
Hi, I have looked at my documents and am compiling a reply to RBS. I was discharged from TD on 08/03/2012. RBS paid an interest only payment on 22/10/2012, which was cashed on 01/11/2012. They set off everything else, which was substantial. They then found two accounts they had not paid out on in 27/09/2019! I will keep you posted.
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Mb77
Contributor

11 Posts

Posted - 23 November 2019 :  10:00:36  Show Profile  Reply with Quote
Hi I called RBS today and was on the call for over 30 mins(mostly on hold) and I was told they canít answer any legal questions and it would need escalated to another team. I asked for their number and I was told they canít give it out. I then asked for an address to write to and I was given an email address and told to escalate my claims myself and that they wouldnít be. I was also told my cases have been offset despite being previously told they would remain pending awaiting the outcome of this court case. I was also told I would have to wait 28days for a response to the email I need to send and Iíve to send copies of the outcomes of the court cases attached to my email. Feels like this is going to continue for some time.
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Kayak
Advanced Contributor

72 Posts

Posted - 23 November 2019 :  11:35:05  Show Profile  Reply with Quote
I chatted on line as they would not give me an email address as i wanted an email trail. I was forced to raise it under the PPI claim process again. This had all the account details and case references. Sounds like Mb77 they are reading off ascript tp try and minimise the amount of payouts they will have to make. I also referenced the Court of Session number.
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