Welcome to the forum Perdo1978.

RBS has taken a position that they can set-off PPI against debts that they previously wrote off.

If they wrote off £9000 or more as a result of your trust deed, their current position is that they'll keep the PPI claim funds. We understand that if they wrote off less than £9000 that they'd pay you the difference.

Will they have a record of a trust deed that's this old? I don't know the answer but it's a very long time ago.

I'd suggest checking the terms and conditions you signed with the claims firm. They might consider that they're due payment based upon the offer you've received. I really hope this isn't the case but we've heard some unfortunate stories in that respect.

I feel hard done by then. As my friend, who also couldnt pay his loan with RBS at the same time, just stopped paying it altogether.
He received £8500 as he defaulted on the loan and the account was closed as settled

They have records of my loqns from 13 years ago. I just assumed theyd have details of my trut deed from same period?

I imagine so. Even if not, they may well check back on the Edinburgh Gazette and see your Trust Deed notice there.

That only proves I had a trust deed. That wont give details of who my creditors were or amounts owed.
I suspect they will need to have their own records so they can work out offset?

Yes, that's true

Hi Pedro,

As you have pointed out just be careful about proceeding with the offer as the PPI company you are dealing with could insist on their 24% even if you don’t physically get any more.

If you do decide to proceed speak with the PPI company about this and that if you don’t receive any money and they offset this will you be liable for their fee. Whatever they confirm make sure you receive this in writing.

Can The Prescriptions and Limitation (Scotland) Act, 1973 be used?

We can't provide legal advice Perdo1978.

We might be able to offer you a practical viewpoint. How are you thinking this might be used?

A statute barred debt is one that can no longer be collected by a creditor due to the elapsed time limit laid down in The Prescriptions and Limitation (Scotland)

Are you talking about the money RBS might owe to you?

Or do you mean the money that you might owe to the claims company?

Apologies, I'm just not quite clear on what you're thinking about.

The money RBS might owe me.
I assume I will need to argue that the trust deed extinguished the debt before I sign the acceptance form?

As it states on the letter if I hqve or have had a trust deed, any ppi owed might be set off against it.
I assume if I sign that then all bets are off?

RBS was previously arguing that the point of set-off happening is when your trust deed began.

To put it broadly, both your debt to them and their debt to you were "in" the trust deed.

If that's still the argument, then prescription wouldn't seem to be relevant.