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(@trustdeed1)
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Joined: 15 years ago
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Topic starter  

I was in a trust deed that was discharged in 2006. I was recently contacted by a company who deal with PPI claims and told I can claim so I let them go ahead and see.

RBS have written and stated I am due just over £1000 BUT if I am or was in a trust deed they will offset against any money that was owed to them. Called the PPI company and they said yes they can do this.

Fair enough I understand they can do this, although I do think it slightly unfair considering i've been discharged for 9 years! But what I don't understand is why they do this but hardly any other companies do from what i've read. Can anyone enlighten me as why?

Thanks


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
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They've taken a different view to other firms trustdeed1, perhaps because of different legal advice having been received.

Here's what we recently added to the site based upon what we now know:

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

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@trustdeed1)
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Topic starter  

thanks x


   
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Mark McFadyen
(@mark-mcfadyen)
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I had a chat with someone involved in PPI last week who advised that he has had success in recovering funds from RBS even where set off applied. Strangely enough I received copy letters last night re this.

I'm old enough to know there's always a form of selling their services in these things with claims which may or may not be factual, but plan is to check through the docs today and see if there is any way forward in this.

I'll keep you posted.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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Mark McFadyen
(@mark-mcfadyen)
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Well, I've read through the documents and do not see any great legal debate which may force RBS to back down.

The argument appears to be that there was no administrative error in applying for the initial debt, however this was mis sold and as a result may have contributed to the the individuals insolvency.

damn, I was anticipating paragraph after paragraph of legal debate!

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@trustdeed1)
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Topic starter  

thanks Mark. I am now in a right tizzy as I was contacted by a company who does PPI claims, I got a letter out the blue stating that as I am now out of my trust deed I can try and claim PPI. When I contacted them and said I didn't think I would get anything because I used to be in a trust deed they informed I could still try as if I didn't get anything then I wouldn't be charged anyway. I went ahead with this which to a large degree I was beg to wish I hadn't as I ended up feeling like I was doing all the work myself anyway (phone calls, letters, copies of this that and the other to be sent to different companies). Anyway I called to ask if I should sign the RBOS settlement as it said they would pay it back in to themselves, I was told to sing it as it's better taking the chance I might end up with something than nothing so I did and sent the letter away today. Todays post arrived and the PPI company have sent me an invoice for almost £400 (30% of the settlement plus VAT). I contact them through email to say that I prob wont receive this money as it will be paid back in to offset RBOS loans from years ago and the PPI company have said it doesn't matter, I still have to pay them the £400. So it now looks like not only do I not get anything but I have to pay this company £400 which I do not even have. At no point did anyone point out to me this might be the case although i'm sure it will be somewhere in teeny tiny writing on something I have signed. Feeling very deflated :/


   
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(@firewalker)
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Joined: 13 years ago
Posts: 440
 

My PPI was checked out as standard during my Trust Deed and there was none on any account.

Recently, I was asked by a cold call company about TSPB, Black Horse, Northern Rock etc. which reminded me of mortgage and loan around 20-25 years ago when I was married. It was to be done through a claims firm and no win no fee. Since I could not remember any details and very little chance of getting them, 60% is better than none, was my view.

Anyway, the point to this is that they asked if I was bankrupt or had an IVA. If it was proved later to be the case I would be liable for some costs - cannot remember the wording.

I completed their documents, and wrote a clear statement of the Trust Deed. Explained none of those companies were involved in the Trust Deed and I did not want them to proceed unless they were happy to do with this information. I would not pay anything to them unless I received money paid to me. I also submitted a signed letter from my ex-husband to confirm he agreed with the check and any payment should be made out to me and we can deal with it from there.

The company has proceeded with my investigation on those terms and I believe one of the three accounts had PPI although it is still in the early stages. Where this will go I have no idea. Fortunately, none of them is RBS.

I have been discharged and the Trust Deed should drop off my file after September this year.


   
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(@trustdeed1)
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Joined: 15 years ago
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Topic starter  

Spoke to the company dealing with the PPI and they have now confirmed with me that they wont charge me any fee if I don't receive the PPI money myself so if RBS do pay themselves it back I wont be charged a fee. That's a relief at least.


   
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(@firewalker)
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Good to hear TrustDeed1. I do hope there are no complications with mine.


   
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Kevin Mapstone
(@kevin-mapstone)
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That is good news, TrustDeed1. Unfortunately I have heard from quite a few people who have not been offered the same terms, so for anyone else out there thinking of using a company to claim back PPI after an insolvency I would urge you to be very careful.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@trustdeed1)
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Joined: 15 years ago
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Topic starter  

Just to let you know RBS did in fact send me the cheque for the PPI with no problems. I now have to pay the PPI company for their share, which is 30%, what I didn't realise is that they then add VAT on top of that too so it comes out at rather a big chunk of the money. Never mind though it's better than nothing eh.


   
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Kevin Mapstone
(@kevin-mapstone)
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Joined: 16 years ago
Posts: 4253
 

Thanks for the update trustdeed1, good to know.

A good outcome despite the fees, though whether RBS will pay out to everyone in these circumstances is another matter. We can only hope!

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@trustdeed1)
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Topic starter  

Yeah it gives some hope that they might hopefully be changing a bit.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
Posts: 13594
 

Was it a relatively modest amount owed to RBS that was included in the trust deed trustdeed1?

Was the included debt less than the PPI pay-out?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@trustdeed1)
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Topic starter  

No it was almost completely RBS TDA, that's why i'm suprised.


   
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