Following a recent application for ppi with RBS, in which RBS had decided to conduct a full off set pending an appeal from the courts.
However i am concerned at a letter I have received from RBS which states original amount owed at time of trust deed minus the ppi offset then states that i still owe RBS a sum of cash.
How can RBS make such a statement in a letter when legally both I and my trustee have been discharged from the trust deed over 12 years ago.
Is this legal for them to send such a letter.
G Wood
We can't tell you whether this letter is legal. You need a solicitor for an opinion on that.
We can tell you that, if this debt existed when your trust deed began, and you completed your trust deed and were discharged from your debts by your trustee, the bank will be unable to force you to pay the balance of it. Notwithstanding set-off of course, where RBS has taken a different position to most other banks.
I have sent off an email to rbs asking for a update on there review after the recent court rulings
Thanks Luke4630 if you get a response can you update me please, last letter I got from them stated there plan to appeal first half of 2019
G Wood
I called RBS Debt Management today to inquire as to why they are still using off set and to get an update on how much they were taking from my Ppi award. I know they claimed for 3k ( confirmed by my trustee) however, they said I owed £6092 which was from my Royalties account. I have no idea how they reached that figure as the royalties was £10 a month and closed not long after my PTD. I asked how they came to that figure to which he couldn’t answer but will send me statements of the account. I feel a ombudsman complaint is coming. Drags things on but they are out of control.
your right contoboy, RBS certainly like to drag things on, stated that I owed them over 20k after my TD, even though original loan was 10k, asked for explanation, RBS couldn't say but said a letter and statement would be sent out, that was 3 months ago, still waiting.
G Wood
Hi letter from rbs today at last some straight answers . My email is lukecg@aol.com I'll send everyone a copy over
Hi all just seen news tonight in regards to rbs having record profits and back in the black . For everyone's info emails I sent recently must have been to the chief executive Ross Mcewan didnt know it was him at the time . Nothing like cutting out the middle man .
I have posted this in another thread but still relevant here. Just got a letter from RBS this morning. Outlining their position after the Dooneen case make no reference to their upcoming case (if there is one, as I cant see any reference on the roll of court of appeal/session. how do I attached the letter. Cheers HJAW
Copy of letter received from RBS on Sat 16/02/19
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11 February 2019
Dear [name removed]
Payment Protection Insurance (PPI) policy with The Royal Bank of Scotland (the Bank)
Your Completed Trust Deed
We write in relation to the above Trust Deed.
To date there has been uncertainty about whether, as a matter of law, (i) a customer or (ii) a
former Trustee is entitled to payment of a surplus PPI redress payment in circumstances where
the relevant PPI policy was sold to the customer prior to that customer entering into a Trust Deed
which has been completed.
As a result of this, the Bank placed the processing of the surplus PPI redress payments in cases
involving a completed Trust Deed on hold, pending the settlement of the legal position in the case
of Dooneen and others v Mond ("Dooneen").
Judgment of the Supreme Court in Dooneen
The Supreme Court delivered its judgment in Dooneen on 31 October 2018 and determined that
the customer, rather than the Trustee, was entitled to receive the surplus PPI redress payment.
The decision represents the settled legal position.
This judgment informs the Bank's approach to processing payment in cases where the Trust
Deed contains the same or similar provisions to those being considered in Dooneen.
Payment of surplus PPI redress to be made to you
Now that a settled legal position has been reached by the courts, payment of the surplus PPI
redress funds in the above case can now be processed. Accordingly, the Bank will process
payment of the POI redress as follows:
1. the Bank will set the payment off against any balance owed to the Bank by you;
2. payment will be made in the amount of redress,[Amount removed] confirmed in the final decision
letter previously sent on 17/10/2018;
3. interest will be paid in line with Financial Ombudsman Service guidance at a rate of 15%
up to 31st March 1993 and 8% from 1st April 1993 to the date of payment; and
4. any surplus payment will be made to you.
Please note that the Bank will recalculate the offer amount prior to payment. The recalculation
may result in a marginal increase in the amount paid. Any significant decrease will be
communicated with you as appropriate.
The Bank will proceed on the basis that your accept the proposal to make payment as set out
above. The payment will be treated as being made in full and final settlement of all sums which
are or may be due to you by the Bank and will extinguish any and all claims for redress in
connection with the relevant sale of PPI by the Bank.
If you have any queries, please contact the PPI Concerns Insolvency Team in writing at the address
at the top of this letter.
Yours sincerely
PPI Concerns Insolvency Team
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Letter dated 22nd January . Last paragraph said . Until such a time as a legal position has become clear .the bank has set the ppi redress against sums owed to it in the trust deed once the courts have made a final determination on this matter the bank will review cases where set off has been applied. Hate to say this but I could be years