Hi JohnS303.

I'm not sure whether you'll have already read this article covering this exact subject:

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

Th RBS position does appear to be that they can offset old (written-off) debts against PPI repayments. As the article explains, this position is being challenged legally.

Regarding fees due to the claims company, anybody in that industry should be 100% aware of the RBS position. If they didn't ask you upfront whether you've ever been in a trust deed, or if they carried on with the claims even after asking you, I think you've got at the very least a decent argument against paying any fees to them for funds which you don't actually receive. This outcome should have been very predictable from their perspective.

This I'm afraid is of no help to you now, but for others reading this is why we suggest handling any PPI claims yourself after a trust deed rather than employing a claims firm. There are plenty of consumer websites that provide guides, template letters etc. The risk of using a firm to do it for you is that you end up with a bill and no cash.

Regarding your old paperwork, the only way to find out would be to contact the firm and ask them.

Hi

Thanks for the above information, just as an update today:

I called the PPI line at RBS for information on the 3 loans, details as follows

Loan 1 - Solo loan in my name - 1997 - awarded £120 which has been held by the DOM team RBS for debt
Loan 2 - joint loan with partner - 1998 - awarded £6800 which has been held by DOM team RBS
Loan 3 - joint loan with partner - 1999 - awarded £1250 but paid £888 from PPI, remaining held of DOM RBS

I'm struggling to find any details of the trust deed which I think maybe dated 2000-2003, possibly... the company I did it with sold the business on, the new business only have records from 2011. I called the Accountancy & Insolvency team for Scotland, they don't have records going back that far.

So I call the RBS DOM team to discuss, they are unable to tell me what's happening with the money, all they can say is its held for debt, but can't tell me about that debt. I have asked for evidence which they don't seem to be able to give me. I have asked what happens next, they will review the case in 28 days and provide a response, then I can take the case to the FOS. They seem to be making up the response on the spot, no clear guidance. I don't understand why I have been paid some, but not from the big portion. Also, it was a joint loan, isn't my partner due her share from those funds?

As for The Claims Guys, I have a complaint still outstanding, again, can they ask me for fees from a total amount of PPI when my partner was joint on a loan and due half of the settlement?

J

Hi again,

From what we've seen they've been very clear. They're holding onto money for PPI that they "wrote off" when trust deeds ended.

This isn't something that other banks are doing as far as we're aware.

Perhaps you're being paid some because the total amount that they're not paying to you covers the amount that they wrote off previously? You'd get any surplus.

Regarding the joint loan, did you partner pay off this loan in full?

We cannot answer your question about fees for the claims company. That's a contractual issue between you and them and we have no professional competence in that area.