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RBS PPI Claim After Trust Deed - 2019

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(@debtnomore)
Eminent Member
Joined: 13 years ago
Posts: 44
 

Is the court case likely to go on for days, weeks, months? Just wondering when we are likely to have closure to this situation.


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

Court case is 10 am tomorrow morning. My understanding is thats its RBS V Donnelly this time, so could it be another long drawn out process, appeals etc? Lets hope all the judges follow their peers. The only angle i think RBS have not tried is to prove if Mrs Donnelly had prior knowledge that she was entitled to PPI and never declared it. If so i think thats fraud?


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

I DONT SEE THE CASE ON THE COURT SCHEDULE FOR TOMORROW!! IT WAS THERE ON FRIDAY!


   
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(@duckbill)
Eminent Member
Joined: 6 years ago
Posts: 27
 

This is the link to the Donnelly hearing this morning. https://www.scotcourts.gov.uk/current-business/court-rolls/court-roll?id=68a171a8-8980-69d2-b500-ff0000d74aa7
Don't know much else.


   
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(@duckbill)
Eminent Member
Joined: 6 years ago
Posts: 27
 

By the way, it is fourth from the bottom - a long way down.


   
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(@bacardibill)
Eminent Member
Joined: 8 years ago
Posts: 27
Topic starter  

Comment this morning from Edinburgh Court House when I contacted them..

Case XA17/17
"The hearing did not go ahead as planned and as you are not directly involved in this case I can not advise any further details".

Disappointing not sure what has happened there...……..


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

I received this:
Thank you for your email. I have spoken with the Legal Team who have advised that this was a procedural hearing which was dealt with administratively, hence why it did not require to call in court. There is no update to the general position however, which remains the same.

I trust this has been helpful, but let me know if you have any further queries.

Kind regards

John Hutcheon | Service Complaint Handler | Remediation Operations


   
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(@mickyboy-70)
Active Member
Joined: 6 years ago
Posts: 11
 

As the outcome looks quite positive, does that mean RBS will have to pay additional interest on the monies owing to us?


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

Hi mickyboy.70.

We're not claims experts, but if RBS find themselves having to pay out I'd have thought that interest would be added right up until the payout date.

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


   
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(@mickyboy-70)
Active Member
Joined: 6 years ago
Posts: 11
 

Thanks TDA, my thoughts exactly.


   
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(@angibabes)
Active Member
Joined: 7 years ago
Posts: 14
 

Hey

Has anyone heard anymore since the hearing the other week?

Thanks


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

Just my post above that it was a procedural hearing.


   
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(@candlewick)
Reputable Member
Joined: 13 years ago
Posts: 309
 

Judgement for the RBS v Donnelly appeal was published on the Scottish Courts website on the 17th (under 'Judgements' and Court of Session).

Looks like Donnelly won - but the judgement is clear that it was about the circumstances of that case specifically rather than giving blanket coverage of all trust deeds.

That said, the Donnelly case did have many similarities with the circumstances described by posters on here - so hopefully that will be a factor that the RBS lawyers bear in mind.

P.S. If you want to read the judgement, I warn you that much of it makes previous judgements look like Ladybird books! The last half dozen pages or so are where the final decision gets pulled together and then delivered.


   
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(@highfive)
Eminent Member
Joined: 9 years ago
Posts: 25
 

I like many others have been quoted the outcome case as a reason to withhold payment so it probably affects more than you think. The only problem I see is that RBS can now appeal this decision to the Inner Court and then Supreme Court?


   
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 Mb77
(@mb77)
Active Member
Joined: 6 years ago
Posts: 18
 

Does this mean we will all need to go to court?


   
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