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Scottish Trust Deed Forum
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Topic starter
01/11/2019 2:37 pm
I was discharged from a trust deed in 2005. I have a letter from the accountant stating There is no claim on future monies. RBS on several occasions said I would receive my PPI monies in due course. On the third occasion I was informed that they would be offsetting the money against money due from trust deed. I made several calls to Accountant and FOC and was informed the RBS could not do this. Also told about the Donnelly v RBS court case which went in favour of Donnelly being allowed to receive monies after discharge. This was in a Scottish court.
Also queried with RBS about a mortgage I had with them, they informed me they had no record of any mortgage. After receiving all my banking details from years ago it appears I had a mortgage with them for some 13 years. This is also part of the PPI appeal with the Ombudsman.
The upshot is, I spoke to a mass claim advisor this morning who informed me;
The ombudsman hadn't made a decision as yet but to close the door on it because the ombudsman will always go with the agency who is due the money. It does not matter what the Scottish Courts say. They are based in England and only go with English court decisions.
Why was I not informed of this when entering into a trust deed.
Is a trust deed not worth the paper it is written on.
In relation to my mortgage the advisor told me I might get 50 pounds
for the inconvenience.
Anybody pleeeeeeeeeeease Heeeeeeeeeeeelp
01/11/2019 4:52 pm
Welcome to the forum jhonno64.
RBS has taken a pretty unique position that they can offset historical claims liabilities against debts that were written of by trust deeds.
The following article tries to explain their position:
https://www.trust-deed.co.uk/rbs-and-ppi-claims-after-trust-deeds.html
This is legally contentious and there has been a recent appeal at court. The outcome of that appeal is unlikely to be known until at least January, according to what we've heard.
There were a number of our forum members who recently reported that the Financial Ombudsman Service has rejected their complaints regarding RBS offsetting PPI against the debts they wrote off in a trust deed. You'd have to assume they were persuaded, to some extent, by the case that RBS made to them.
I don't think anyone could have advised you in 2005 about what could happen with a particular bank and PPI claim in 2019.
The outcome of the appeal could help you to recover some money here. Unfortunately the outcome of that appeal could also be that RBS have been legally entitled to offset like this throughout.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
