Welcome to the forum FormerBadDebtor.

I'm afraid we cannot answer your question about the legality of the position that RBS are taking. You'd need a solicitor for legal advice.

As you'll see from the following article however, this very much seems to be the position that RBS has been taking consistently:

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

Many thanks for your quick reply!

I read your page on the Sheriff Appeal Court decision of January 2017, do you know if RBS have since appealed to a higher Court?

I'm afraid I don't know.

We may have missed something of course, but things seem to have been quite quiet on this topic for a while.

Hi myself and my wife are in the same boat . We were told by a lawyer to send rbs a complaint letter . And sit back and wait . Just make sure letter is sent recorded sign for and keep all copies . Hope this helps

Thanks for this, much appreciated, will do:-)

Small update sent another complaint through resolver . Letter came back from rbs saying money is being offset in the (meantime) pending court case in june . Watch out for new offer letters from rbs I am sure they are restructuring them very sneaky . I've not been signing them or sending them back . I have just argued the offset rule with Clydesdale bank and to my amazment they sent me a cheque with an apology . There wording on letter said we should not have applied right of set off as your pre insolvency debt had been extinguished .

Hi Luke4630.

Thanks for sharing this.

It's clear that RBS has adopted a position on this which is different to other banks. I guess it will be the legal system that eventually determines who is right.

yes - I believe a case is being heard June / July of this year. Hopefully once a judgement has been issued, it will resolve many of these issues surrounding PPI - fingers crossed !

Does anyone know if this case has been heard yet (and the outcome if it has)?

Hi FormerBadDebtor

This case was heard at the Supreme Court on 3 July. However, it can take a few months for the decision to be announced. I'd guess around mid-October at the earliest before we hear anything.

Thanks[;)]

Well... the Supreme Court case wasn't actually the RBS case.

It's all pretty confusing, but essentially the situation with respect to the RBS case may become clearer as a result of the outcome of the Supreme Court (Mond) case.

Hi there,

I have been following this and other similar threads with great interest. I too had my ppi claims from RBS offset against my trust deed debt. Today I contacted a company called Tyler Morgan regarding ppi and they said that the outcome of the Supreme Court would have no bearing on my claim with RBS as they are relying on a law from 1892 to offset/keep the money. I know the Trust Deed Exisrt can’t comment but just wondered if anyone else knew of this. I think I just want to have closure to the whole thing and not have that secret hope that in the futures the £7000 ppi claim will magically appear in my bank account.

Has anyone else had any dealings with Tyler Morgan. I received a letter from them 3 years ago at the end of my Trust Deed.

Hi,

I completed a trust deed 10 years ago and I am currently in discussion with RBS about a 3k PPI refund. I accepted a 3k offer and requested a detailed breakdown of the offer. The same day the breakdown letter was sent, RBS started to send cheques . In the breakdown letter there was no reference to trust deed may effect claim but there had been in previous letters. RBS has since cancelled cheques and requested I contact trust deed company to confirm they have no interest in the PPI claim which they have done and RBS has now received the letter. RBS are now saying they will use the PPI funds to offset any outstanding balance . RBS are due to call me back today, is there any guidance anyone can offer in how to tackle this phone call ?