sorry the refund should be £500 typo.

Welcome to the forum bax14.

It sounds like you may have already read our article about RBS and PPI after trust deeds (or learned about it from another source). For anyone else who's interested this article is at:

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

I cannot give you a legal/technical answer to your question, but it does appear that RBS were probably treated correctly when the dividend was paid to them. Your trustee could only act on the basis of what they knew at the time.

Commercially I don't see why RBS would want to pay anything back now. They're not in a position whereby the full original debt has been repaid to them, even factoring in a reduction for PPI.

I don't see how RBS could repay an old dividend that was too high anyhow. It would need to go to your trustee for the benefit of your other creditors. Your trustee is no longer working, no longer acts for you, and no longer has responsibilities to the other creditors. There simply seems to be no ready mechanism to make this work.

You're obviously within your rights to keeping pushing on this if it's important to you, and I don't want to put you off if that's the case. I do think this might be a pretty tough one for you to win though.

I would agree with Trust Deed Assistant. Technically you may be correct, but in practical terms it may prove difficult and ultimately pretty pointless to change this. even if your Trustee was still active and wished to challenge RBS' position, the costs of them doing this might make it not worthwhile anyway.

Just contacted the IVA team in RBS and they have confired that I am right and they will be refunding the £500 overpayment of dividend. Spoke to a really nice advisor who advised that a revised offer should have gone out to me with the overpayment figures. They will be refunding. They have tried to get in contact with my IP however have not been able to do so as he is no longer in business. They have confirmed that the money will be refunded to me. Just goes to show that unless you push and challenge they would have kept the overpayment.
After talking to RBS it is clear that not everyone knows the process as the person I spoke to previously was sure that I would not be refunded.

Hi bax14,

I'd have supported the view of TDA and Kevin but if as you say the RBS are going to pay you the £500 overpayment then it's been worth your while pursing them for this.

In our experience the RBS whereby they haven't received their full debt balance back have decided to keep and potential PPI and offset this against the debt. It appears that this hasn't been the case with you.

Let us know how you get on and when you receive your £500.

That's great news, and surprising! Fingers crossed that they keep to what they have said.