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18/01/2021 3:31 pm
I got a reply on asking for an update and received the following:
We are still waiting to hear back from our Legal Department who are reviewing the court judgment. I understand that they hope to have finalised this very soon and the Bank will write out to you about the legal principles established in the Donnelly case and how it will affect your PPI Complaint.
22/01/2021 10:42 am
This (from a couple of days ago) is an interesting insight into how RBS might be interpreting the outcome of the last court case:
https://www.pinsentmasons.com/out-law/news/banks-can-offset-unpaid-debt-against-ppi-settlements
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
22/01/2021 11:59 am
Another big can of worms about to get opened then. Especially when rbs lied to trustee saying there was no ppi in my case but then find ppi in my wife's name but can only payout 50% to trustee (what they still did not payout) because... guess what the rest was in my name. That then allowed me to find over 15k of ppi from loads of loanguard plans with rbs...this is basically rbs trying to get 2 bites at the cherry get the trust deed payout and get the ppi payout. When really they should have gave the ppi to the trustee and get a percentage the same as all other creditors.
22/01/2021 12:34 pm
quote:
Originally posted by head-just-above-water
[br]Another big can of worms about to get opened then. Especially when rbs lied to trustee saying there was no ppi in my case but then find ppi in my wife's name but can only payout 50% to trustee (what they still did not payout) because... guess what the rest was in my name. That then allowed me to find over 15k of ppi from loads of loanguard plans with rbs...this is basically rbs trying to get 2 bites at the cherry get the trust deed payout and get the ppi payout. When really they should have gave the ppi to the trustee and get a percentage the same as all other creditors.
You make a good point, head-just-above-water, and reading through the judgement it is actually one that was considered by the Court.
If I understand correctly, the court's opinion was that an action to reduce (ie reverse) a debtor's discharge should generally be permissible (though not in this particular case). However, they also suggest it couldn't happen without a trustee being put in place to re-balance their claim alongside other creditors, ie ensure that RBS aren't getting more than their fair share.
My thoughts are that the extra costs incurred in having to go through this process may mean that RBS only seek to take such action to set off PPI where the amount of PPI being claimed is sufficiently high and it therefore makes financial sense for them to do so. Smaller claims may just get paid out.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
22/01/2021 12:38 pm
What does this latest ruling mean for all of is? Does it mean RBS can conduct the full off set? I am confused considering the Supreme Court ruled they couldnt.
G Wood
22/01/2021 1:01 pm
Basically they cannot offset the PPI automatically but may be able to take legal action to enable it to happen. Whether they will seek to do so remains to be seen. I presume that they will in cases where there are significant sums involved.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
22/01/2021 1:14 pm
Thanks Kevin, does that mean RBS will be required to take legal action against each individual?
G Wood
22/01/2021 1:37 pm
I believe so, though remember I'm not a lawyer so may be misunderstanding the situation.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
22/01/2021 3:33 pm
Just got off phone to to rbs they are looking at 28 days to reply with an answer and are going through a backlog .They are also going through emails /paperwork working out what is due.and what amounts .hope this helps .
22/01/2021 5:24 pm
What does this mean for other banks that have paid out will they look to
reclaim? What does it mean for individuals if they reopen a trust deed? Is this something to worry about?
22/01/2021 6:07 pm
My thoughts are rbs can't offset ppi you can't pay one and not the other no matter how much is involved that's called (discrimination ),lawyers would have a field day .I dont think for one minute the courts will want cases like this wasting there time . Should have an answer shortly . The main question just now is has Donnelly been paid her ppi money .
22/01/2021 7:43 pm
quote:
Originally posted by TDA (Debt Adviser)
[br]This (from a couple of days ago) is an interesting insight into how RBS might be interpreting the outcome of the last court case:https://www.pinsentmasons.com/out-law/news/banks-can-offset-unpaid-debt-against-ppi-settlements
I haven't seen that much spin since the last time I went on the Waltzers!
23/01/2021 10:38 am
Interesting interpretation of the case. Not the way i read it?
I think that previous comments are correct, did Mrs Donnelly get paid? If so did she get the full amount? Her case is very similar to many of us on here.
23/01/2021 12:46 pm
Think it would be good to know if Alison Donnelly did receive her PPI or not. Im not sure how we could find that out though. Ive contacted the same solicitor to ask for advice following this development
G Wood
23/01/2021 1:18 pm
Totally agree, we really need this information!
quote:
Originally posted by Mercgaz74
[br]Think it would be good to know if Alison Donnelly did receive her PPI or not. Im not sure how we could find that out though. Ive contacted the same solicitor to ask for advice following this development
