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Originally posted by candlewick
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Originally posted by HighFive
[br]Unfortunately I don’t think RBS will pay anything out until they have exhausted every legal avenue in regards to this case. As for whether this applies to other cases, I remember reading something in the Mind/Doonen case that said that most Scottish TD’s were written the same way so hopefully this y it s the sane and this judgement can apply to mist if not all.

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Reading through the judgement from start to finish - without going straight to the end to see what happens - it really did read as if RBS were going to win.

That may be because a lot of the legal stuff was around the Donnelly team's contention that the original debt was taken out with RBS-as-was, but the court case was being brought by RBS-as-is - so RBS-as-is didn't have a leg to stand on.

That argument lost.

The winning factor had nothing to do with the the way the trust deed was written. And it didn't in any way preclude the possibility that “in other cases, that it would be appropriate to reverse a debtor’s discharge” (para 110).

The shift towards victory for Donnelly comes at para 102 and tightens up further at 108.

Para 111 is probably the critical one, as it examines the details of the Donnelly case including the passage of time: “A very considerable amount of time has passed since 72 the debtor was discharged, more than six years ago, from an insolvency procedure commenced 14 years ago, in respect of debts incurred more than 20 years ago”.

Reading the judgement, that part (and other consequences for Donnelly if the discharge was 'reduced') is the point that won the argument. Not the wording of the trust deed.

As for appeals, they might well happen - but the Donnelly team set out arguments against it in Para 93, point 4.

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I received a reply from RBS today as follows:

Thank you for your email.

Our Legal Department have messaged me to advise that in relation to the latest judgment, they are now finalising the Bank’s approach in regards to this. They have advised that they will contact me once this has been established and I will let you know as soon as I hear from them.

Kind regards

John Hutcheon | PPI Executive Concerns
natwest group

5th Floor | 1 Hardman Boulevard | Manchester | M3 3AQ | Depot 049

Received the same email from RBS this morning. Fingers crossed they realise and stop wasting money in legal fees and pay up

Hi folks sorry to be a pain but been giving the run around by rbs ppi team, what's the best email address to chase up regarding this case?

PPI.ExecutiveConcerns@rbs.co.uk

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Originally posted by Mercgaz74
[br]Received the same email from RBS this morning. Fingers crossed they realise and stop wasting money in legal fees and pay up

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Unfortunately , what they pay out in legal fees is a fall in the ocean compared to what they would have to pay out.
We can live in hope!

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Originally posted by Kayak
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Originally posted by Mercgaz74
[br]Received the same email from RBS this morning. Fingers crossed they realise and stop wasting money in legal fees and pay up

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Unfortunately , what they pay out in legal fees is a fall in the ocean compared to what they would have to pay out.
We can live in hope!

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Lady Wolffe took the opposite view towards the end of para 111 of the judgement. She reckoned that the settlement sum was 'paltry' from RBS' perspective, and in proportion to the legal fees they've probably incurred.

I don't want to be overly optimistic that we've finally got to the end of this story - but for anyone who has been fighting for a PPI refund for years, it's worth reading para 111.

I have until the 21st January to accept my ppi offers . I have emailed RBS several times regarding their position and whether the claims I had would be offset against my discharged trust deed. They have ignored three of my emails. They only replied to the first asking if I could resend a copy of my form 5 as a pdf. Can anyone advise what I should do?

Hi Debtnomore.

If you have until January 21st then perhaps it's best to just wait things out for now?

Thanks candlewick, i have read the whole report, i was talking in general terms about the amounts RBS in total will pay out and not case specific. I really wish there was a like button here:)
Debtnomore, normally on the RBS documents there is a paragraph stating that you accept set-off then thats what you are doing. However if set-off is proved illegal, they have to pay it back. As TDA said, wait till 21st, however before 21st email and say under the outcome of the case you dont accept set-off.

Hi, Long time lurker on here and only recently registered.

Like most people under this topic i have been chasing up the RBS with letters going back to 2017 with no such luck and have been following replies on here and the Donnelly case.

On Christmas eve i received letters in response to my PPI claim with the following information

"we previously wrote to you on dec 2017 with an offer in respect of the above mentioned ppi policy. To date we do not appear to have received a response from you to enable us to make payment.

Should you wish for the outstanding offer to be paid, it is a requirement tht you accept the offer and provide us with your account details via the banks online form within 12 weeks from the date of this letter. Failure to respond within this time could result in your offer being withdrawn.

On receipt, we will endeavor to make payment as soon as possible to your nominated account, subject to clearance of any arrears you may have with the bank. Any statutory interest payable will be recalculated upto a maximum of 28 days from the date of the offer letter"

Now the tone of this letter is different from the banks other responses. Every other letter has mentioned the "Donnelly case" and awaiting on the outcome, but not this one.

I have emailed the bank back for clarity on what this actually means as-
The letter dose not confirm the monetary values of the offer
They claim they have not had a response, despite 3 years worth of letters and emails
Statutory interest looks like is only payable to the original date of the offer - surely the offer should be recalculated to date?

Is this the bank backing down as a result of the Donnelly case but still trying to not pay out in full by stating the original claim dates?

Has anyone else received anything similar?

Thanks

Hi Mr blue32 never had a response like that ,my last letter from rbs states when a final determination has been reached the bank will pay money to detour,I'm not sure you could accept but quote court cases that ppi cannot be offset and that as you see it there are no arrears as per trust deed conditions.

I've seen that rbs will be NatWest group from Wednesday keep an eye on that one in regards to paperwork ,Maybe the advisors could comment on this .

I had a similar letter with no monetary value attached i replied to them about this and never heard another word.

Just checked rbs online ppi acceptance forms that do mention arrears etc. Online form under decleration and acceptance I'd say is not right for rbs to quote this now .I'd be on the phone asking for confirmation on rbs wording on there forms due to recent court cases .or make it clear you accept under protest to there offset ,/arrears . Policy