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Scottish Trust Deed Forum
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Topic starter
28/04/2016 9:00 am
Hi folks, I've seen a lot of threads about trustee not being able to reopen trust deeds but I was wondering if banks are still using funds from successful PPI claims to set off against old debts which appeared to be settled when the trust deeds were completely settled and signed off. Cheers
28/04/2016 9:36 am
I believe RBS do this, Bob, but I'm not aware of any others doing the same.
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Topic starter
28/04/2016 9:55 am
Thanks for the reply Kevin. The reason I ask is I've accepted an offer from HSBC and waiting to see if I will actually receive the funds.
I will post the result to let others in the same position know.
Great site by the way, lots of excellent advice and info on here. Cheers
28/04/2016 10:24 am
Hi Bob Barnes,
Thanks for your kind words about the site.
Here's what we understand to be the RBS rationale for being able to do this:
https://www.trust-deed.co.uk/rbs-and-ppi-claims-after-trust-deeds.html
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
28/04/2016 1:45 pm
No problem.
Thanks for the RBS info. That's interesting.
It's really strange that banks and trustees deal with PPI claims in totally different ways.
I honestly think it is down to luck if any refunds are received.
29/04/2016 3:39 pm
It does seem a bit of a lottery, Bob. Hope you receive your refund.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
Topic starter
02/05/2016 1:15 pm
Thanks Kevin. Much appreciated. Will have word within 4 weeks. Fingers crossed.
Would be interested to hear if anybody on here has had successful PPI claims after trust deeds.
Cheers
03/05/2016 6:57 pm
There's been plenty of successful post trust deed claims reported here Bob Barnes.
Only fair to say however (as you've already detected) that the potential for an ex-trustee to take an interest in the proceeds of such a claim is still present.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
Topic starter
04/05/2016 1:39 pm
Yep, that's what I was thinking.
Still no reply from the bank though. Fingers crossed.
Topic starter
24/05/2016 9:00 am
Well that's approx 4 weeks and no refund. I have called them and they said it's with the relevant department and they don't deal with phone calls. I got the impression they were fobbing me off. Anyway I'm going to send them a letter. Does anybody think quoting the Green v Wright case will have any impact? It is the HSBC bank, but it was previously HFC, who seem to be up to theyre eyeballs in PPI misselling. Many thanks for the previous replies. Cheers
25/05/2016 8:45 am
The Green v Wright case was in respect of an IVA so I don't think it really translates to Protected Trust Deeds under Scottish law. In any case I understand that decision is also subject to an appeal.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
Topic starter
25/05/2016 11:00 am
Thanks for that Kevin. I kind of suspected that. It's the same kind of principal as having an IVA but mines is specific to a trust deed so I wasn't too sure.
Anyway I've sent them a letter basically just asking for an update.
My gut feeling is they might not reply or send me a FOS leaflet!
