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Topic starter
17/05/2014 11:57 am
Hi,
I was wondering if anyone had any experience of this. I was discharged from my TD 4 years ago and all creditors accepted the dividends and to write of the remaining debt as required. I got a letter from RBS about my PPI and it turns out it was over £9000 I was due which they offered to pay once they had confirmation of my signature. Then I got several letters saying I was in a TD and they are investigating. I have received a cheque today for only 10% of the original amount they agreed to pay. It turns out they are 'offsetting' the remainder to the amount I owed them.
Legally, can they do this???
17/05/2014 3:10 pm
Hi Budgie
RBS do this all the time from what I can see on various threads on here. The replies I've seen from TDA and the experts would suggest they are in their rights to do this
Saabrina
17/05/2014 6:21 pm
Welcome to the forum Budgie.
We can't give you legal advice.
We can tell you that it is regularly reported here that RBS are doing this. We haven't yet heard from anyone that has managed to overcome it I'm afraid.
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20/05/2014 12:53 pm
Hi
Was RBS one of the debts entered into the trust deed ?? And can I ask if it was mortgage or credit card. I ask because we are in process of ppi complaint with RBS, ours was on mortgage from before the TD. We did have RBS credit card debt which was included in TD.
Thanks
29/05/2014 11:16 am
I had a successful claim against CITI for PPI... but was taken off me by APEX... for £1950... although CITI were not part of the companies I owed money to... I was told ANY assets go towards the TD... so any monies claimed go into the pot... including all EQUITY on my house as I have recently found out !!!
29/05/2014 11:29 am
Hi BLUETHUNDER
It may be that you previously had a citicard which was cleared or changed prior to the Trust Deed, however they are correct that any PPI funds which pre date the trust deed will go to the trustee.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
29/05/2014 4:06 pm
What about Regulation 19 (2008 regulations) the wording is rather prescriptive. And Regulation 11 (2008 regulations) suggest that when the TD becomes protected any creditor even when not included in the list of creditors cannot claim a higher right tom recover.
the new Regs are fairly similar.
I would be interesting to see what the out come would be if someone were to take them to task in a SCC or Summary Claim.
29/05/2014 4:58 pm
Hi pinpong
S.11 relates to a creditor not being able to raise legal recovery proceedings to recover their debt and S.19 relates to the creditor's inability to pursue for the debt after discharge. However offset is not recovery proceedings, although you are correct that a court action would be interesting.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
29/05/2014 9:37 pm
If I remember rightly, the right of set-off is a common law principal dating from way back. Having said that, I think there is a strong argument against RBS' stance and it would indeed be interesting to see it go to court.
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