Unfortunately if they were part of the creditors who were owed money they will use ‘off set’ , which has been a long topic of discussion on the forum. RBS have lost a previous court ruling on this subject however, have appealed to the Supreme Court which I have read on the forum is due to be heard during October. This will be disappointing but like everyone else who has had off set set against them it is now waiting game.

My husband seemingly has a claim for PPI on our mortgage which we new nothing about. That wasn't included in the trust deed. Will they keep that too?

The royal bank of Scotland have already kept around £5000 for PPI which our trust deed company looked into before being discharged. I feel that we must have paid back most of the debt. It's so annoying as we don't remember even taking out PPI on our mortgage.

I’m sure the experts will be better placed to answer but I would imagine if the trust deed is discharged and RBS were not owed anything then you should receive a payment. That’s only my opinion and I’m sure you will receive a more accurate response from the experts.

Hi Theresagreen.

I can see you've already received some useful information from contoboy.

If RBS wrote off money as part of your trust deed, they'll withhold a PPI claim to offset this debt.

There is a court case later this year about this process. If they lose they may have to make payment to all of the people who have been affected by this.

Was your husband in a trust deed?

Is the mortgage just in his name, or in both of your names?

If he was in a trust deed, did his trust deed result in RBS debt being written off?

In general terms it won't matter whether a debt (like a mortgage) was included in a trust deed or not. Their position is that if they wrote off money you owed them, they can use any money that it's later turned out they owed you (from the same period of time or before) against debt that they have written off.

My husband also had a trust deed and the mortgage which was not part of it was in both our names. It's so unfair as we were paying our trust deed for 6 years and they've already had PPI from us. We believe that we must have paid off the debt so fingers crossed but I don't hold much hope. It was a nightmare 6 years and we still can't get a break.

If RBS were repaid in full they won’t be able to set-off this PPI claim.

Even if they weren’t, there’s a court case later this year that may or may not go in your favour.

I've just received a letter from a company which looked into my PPI claim saying that I've won my case with the royal bank of Scotland. I will now have to pay them £54 regardless if I get the money or not.

I'm very sorry to hear that Theresagreen.

We've always advised people against using claims firm for this reason. It must be very frustrating for you.

Did you make the claims firm aware that you were in a trust deed? If they knew, they really should have advised you about this risk. If they didn't I'd be arguing with them about paying a fee.

I stupidly did it on line without reading the small print. I thought it was just a free check but they went ahead with it anyway. Luckily it wasn't a huge amount. I thought if I was discharged it would be ok.

Well... perhaps as the "experts" they should have checked this with you before accepting your custom?

They have a duty of care to you.

I received a letter from RBS stating that they were looking into 3 ppi claims and that they might offset them. I then got a phone call from a claims company to tell me that I'd won my claim. I phoned them and explained my situation and they were great. They informed me that I had a cooling off period and that I should phone the bank. Do you think the bank would tell me if I was getting any payment or if they were
offsetting it. I don't know what to do.

Hi Theresagreen.

As we understand it, an insolvency check seems to take place just before the actual payment is issued.

Our current understanding is that, if RBS discovered they'd written-off money as part of your trust deed, this is the point they'd decide to off-set the PPI payment against that old debt.

I can't see anything to be lost by contacting RBS and asking them what they'd do if they discovered that they'd written-off money as part of an old trust deed of yours.

Sadly we haven't heard that they've changed their practice on this issue though.

Just phoned the bank and they said that my ppi will probably be offset against my previous trust deed as my first claim was. I had to call the claims company,which were great,to cancel the claims and they won't be taking the fee for the one I accepted.