PPI claim after Tru...
 
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PPI claim after Trust Deed

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(@kayak)
Estimable Member
Joined: 13 years ago
Posts: 108
 

The banks never missed out in my case RockBSB, they got their agreed dividend paid back over the 3 yrs of the TD.

I have had recent contact with the bank as i had not heard from them i phoned them. They said they sent me a letter which i never recieved, so i requested a copy, which said they were going to set off the payments against my account which i no longer have. Basically we are keeping the money. Then to add insult to injury, they have SHREDDED , and i have this in writing, my discharge from Trust Deed original copy, as they had it so long, 3 months, while they were looking into my claim!!
I AM LIVID. They have sent me a photo copy of their photo copy of my original document. I am going to take them to court as i have no confidence in FOS.


   
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(@kayak)
Estimable Member
Joined: 13 years ago
Posts: 108
 

More!! The bank sent a cheque to the Trustee for £141 which he in turn sent to me 🙂 This was an intrest part of charges only which they have sett off against the account, approx,£1200. The trustee said it was not worth re-opening the case for such a small amount? I was not aware the case COULD be re-opened?? Confused dot com. Is this to hang over me for life? If i won the lottery do all creditors have a claim on me? Is there any cases about Sett Off in the courts yet?


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

I've never heard of as trust deed being "reopened" and doubt that it is even possible.

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


   
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(@rockbottomsolidbase)
Reputable Member
Joined: 13 years ago
Posts: 312
 

Even less reason for off-setting kayak if there was NO actual loss in your case.
Can't get my head round off-setting at all. If family members can't be favoured in being repaid debts, why should lenders get to pay themselves first from COMPENSATION?
I actually see merit in the PPI compensation payer being excluded from a share in those funds within the pTD or sequestration arising from their required paybacks to customers.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

There's no mechanism to 're open' a trust deed. It may be a possibility in sequestration but certainly not a trust deed as this is a voluntary appointment.

Mark

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


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

I think that you've hit the nail on the head there, RBSB, and I quite agree with you. When you consider that the extra expense of the missold PPI may be partly to blame for tipping the person into insolvency it does seem wrong that the bank responsible might be able to set the refund off against the debt owed.

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


   
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(@kayak)
Estimable Member
Joined: 13 years ago
Posts: 108
 

You always hear "rumours" of a case going to the courts to question set off. Has anyone actually heard of this?

I also asked the question of my discharged trustee about "can a trust deed be re-opened" and quoted his comment in the letter for the £141 cheque. He has never replied? normally i hear from him the next day??
I understand why the bank want to set off, but i for one would not have needed to do a trust deed if they took PPI into account for repayments,they would have owed me money!! The longer this goes on the more bitter i become, glad they have gone from a global concern to an assett stripper to keep afloat, but yet again getting the best of both worlds and being bailed out right, left and centre by the tax payer!!!


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi Kayak

We also hear rumours of mega black cats & Nessie.

A Trust Deed, once discharged, can't be 'reopened' its a voluntary act & I would love to see how legally this could be done.

Mark

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


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

Hi Kayak.

I haven't heard of a case going to Court to test this.

I think you'd need deep pockets and I'm not sure that those with deep pockets have any particular interest in seeing this tested in Court.

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


   
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(@ms-money)
New Member
Joined: 12 years ago
Posts: 1
 

Looking for some help. I finished my Trust Deed Feb 12 and I have still not had discharge yet. They claim it is because I have had PPI refunds and they are waiting on the reclaim of VAT . I am really annoyed that the Trust deed has not been closed as it is now nearly a year later.
I have since has a letter with regards to a new PPI refund from First Plus for a secured Loan that was not included in the trust deed. They are looking to send me a cheque for £1250 but it will be sent to the trust deed company. I contaqcted them to say that I didnt think this was faie as if they had closed the account before now then this would have been a cheque to myself. I just think a year is a long time to still not have discharge [:(!][:(!]. Hope someone can advise if they think this is correct .

Thanks


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

Hi Ms Money and welcome.

From a common sense point of view a year does sound too long.

Sadly however the fact that you haven't been discharged means that you'll almost certainly not benefit personally from this payment. It should mean that your creditors are repaid more of the money that is owed to them.

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


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

The reason that they haven't closed the trust deed yet is precisely because of payments like this. I imagine that this reclaim will have been instigated by the trustee in the first place, or at least the company they are using to pursue PPI claims.

Having said that, as long as you signed your trust deed after 1st April 2008 then there is no reason that you yourself shouldn't be discharged already and your trustee just remain in office to clear these things up.

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


   
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(@scoop)
Active Member
Joined: 12 years ago
Posts: 13
 

Hi all.
just joined and thought i'd share my on going ordeal with the dredded RBS. When i first made my complaint i informed the RBS of my trust deed and attached my discharge letter confirming i'd been out my trust deed since may 2009. I then received 7 different letters from them claiming liability and what they were offering as a settlement,(nearly £17000),that if i signed and returned the forms i'd recive payment 7 working days from them receiving the signed forms.The reason for 7 was due to the fact i'd reloaned. A few days later i received a letter stating if i agreed to the settlements and signed and returned the forms it would be off set against the debt from my trust deed. When i called the ppi department they apologised and that the letter had been sent before my agreement forms and must have been delayed in the post. Total bull as the letters were clearly dated at the top. In my frustration i told them i'd take my case to the fos and hung up. A week later i got a txt with one of the loan references saying i would receive payment within 7 working days, HA, never happened so i called again. This time i was told 5 of my cases had been closed and cheques had been sent to my address,again the usual 7 to 10 working days, yip you got it....absolutly nothing. Called again and was told i should have received them but to be safe he would cancel them and reissue others but this would be another 7 to ten days. In that time i received txts on my other 2 claims saying the usual within 7 working days. Again nothing. So again i called only this time i was told that no cheques had been sent and they dont know why i was told that.They did say sorry though which made everything much better.Apparently the credit management service had it and they had no copy of my discharge letter.I was also told i'm not allowed to talk to credit management so i had to send the discharge letter again but i also included a letter for my wife to speak on my behalf as i'm self employed and dont have the time for this banks incompetence. Nearly 2 wks later my wife called and was told they had the letter for her to deal with them but not the discharge letter even though they were in the same envelope. So had to send it again and as always by recorded delivery,,,,,again told they did not receive it so my wife told them she would fax it. My wife called again before faxing just incase they had received the post and was told it was not needed as the cheques had been cashed. Obviously not by me. So where was the money???? they did not know. Asked us to get in contact with my IP but he wanted no part in this which he clearly stated on his letter.They said They would have to get in touch with credit management to find out what was what and this would take 28 working days for a reply,and that is where i am now. I have been fighting this bank for over a year now. Not only did they miss sell ppi but they have not a clue on how to deal with these claims,every phone call is a different story. I know this is a long post but i just wanted you all to see the hassle you will have to go through with the RBS. I know myself after the 28 days i'll still have to take this to the fos.


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

Hi scoop.

How much did you owe RBS when your trust deed began?

Do you know how much they got as a dividend from your trust deed?

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


   
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(@tanyadm)
Trusted Member
Joined: 16 years ago
Posts: 70
 

Hi Scoop,

RBS won't pay you the money, even if you're discharged and it was written off - they'll reactivate the debt and use your PPI to set off against it.

I've found them quite efficient, although there is a disconnect between what the PPI team says and Credit Management Services, and nobody can tell me what is going to be paid to whom and when!


   
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