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Refunded Bank Account Charges

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(@finishedmarch15)
Eminent Member
Joined: 10 years ago
Posts: 29
Topic starter  

Hi all,

I'm hopefully getting a phone call today to advise whether my claim for refunded reward account fees will be getting paid from Bank of Scotland. I'm hoping its in the region of ยฃ1300. The BOS were one of my creditors included in my TD, so my question is, will they be able to hold on to the money given I've had my form 5?

Tia [:)]


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

Hello FinishedMarch15.

The bank we've heard of trying to set-off old claims (PPI in this instance) against old trust deed debt has been RBS. I think way back in time we might have heard a similar story about NRAM as well.

This principle is contentious and subject to current legal action.

We haven't heard of Bank of Scotland doing the same.

Has your trustee been discharged?

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


   
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(@finishedmarch15)
Eminent Member
Joined: 10 years ago
Posts: 29
Topic starter  

Not as far as I'm aware - it's Knightsbridge so I very much doubt it!


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

Hi FinishedMarch15.

It will be interesting to see whether the bank runs any kind of insolvency check, as they usually would do with a PPI claim.

If they do that I'm wondering whether they'll contact your trustee (if they're not discharged) first to see if they have any claim on the money.

Could you let us know how you get on as I'm sure this will be relevant to more and more others in the future?

Fingers crossed for you.

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


   
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(@finishedmarch15)
Eminent Member
Joined: 10 years ago
Posts: 29
Topic starter  

Will do. I'm sure they will run an insolvency check and keep the money. I'm not that lucky #128514;


   
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(@finishedmarch15)
Eminent Member
Joined: 10 years ago
Posts: 29
Topic starter  

Hi TDA,

Just wanted to let you know that the BOS have accepted my claim and are paying the refunded charges into my bank account this afternoon!

#128522;


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

Great news FinishedMarch15.

It seems as though this bank may be running different procedures for different types of claims.

Might be true at others as well.

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


   
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(@kdog7)
Trusted Member
Joined: 12 years ago
Posts: 99
 

I have a claim in process with RBS for missold packaged accounts dating back to 2004 through to 2012. RBS were one of my main creditors in my trust deed. I was discharged from TD in March 2015 and trustee a month later. I am hoping like I have heard others in same situation with TSB and BOS that they pay this money. They have been dragging their feet with their investigation and its obusdman time.


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

Please let us know how this goes kdog7.

As has been well documented here already, RBS has been retaining PPI payments to set against old debts rather than paying out to an individual or their former trustee.

Will be interesting to see whether they're applying the same principle to a different type of claim.

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


   
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(@kdog7)
Trusted Member
Joined: 12 years ago
Posts: 99
 

I wonder if RBS dragging their feet and been investigating for over 8 weeks now if anything to do with they rulings like the Donnelly case. They are dragging these things out as long as they can before they know if they need to pay or not.


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

Well, we heard yesterday that RBS appears to have lost the Donnelly appeal. This may not be the end of the matter of course.

I'm not sure whether they'd be doing insolvency checks on your type of claim though. There could be other very different factors at work.

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


   
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(@kdog7)
Trusted Member
Joined: 12 years ago
Posts: 99
 

Its very straight forward claim. My workmate in exact same situation with TSB, we were discharged days apart made exact same time of claim and had money in her bank in 4 days. Not RBS they are weeks and weeks down the line with silence and one letter sent a week ago which arrived the very day I could escalate to the ombisman saying they are still looking into it.


   
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(@timelord)
Estimable Member
Joined: 13 years ago
Posts: 121
 

Hi

I've been discharged for almost a year - if I made a claim could they reopen my trust deed?

Every end has a start !!


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

Hi TimeLord.

A qualified answer; we've never heard of that happening.

In light of recent Court decisions it seems very unlikely.

Can things change? Yes.

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


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

Hi kdog7.

There are fixed periods of time within which FCA regulated financial firms can deal with complaints.

Restricting your access to the Ombudsman cannot last long.

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


   
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