Should i be worried...
 
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Should i be worried?

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(@telboy)
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Joined: 8 years ago
Posts: 8
Topic starter  

Will keep this as brief as poss. I was discharged from my trust deed August 2015. Following on from my wife getting a nice sum from her bank for PPI, i decided to look into mine. It turns out they owe me £8500. I then found that they had to contact my IP before any payment could be made. This was 3 weeks ago. My IP is denying they have had any contact from the bank and the bank has told me they have now sent the letter to them again. Again they are denying having received any contact. I have also sent the bank a copy of my discharge letter but they seem to be dragging their heels on acting on this. I'm beginning to get worried i'll never see a penny of this.
Any advice would be appreciated.


Terry Flannigan


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

Stick in there, tel boy. Hopefully your patience will be rewarded. Do you know if your trustee was discharged already too?


Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@telboy)
Active Member
Joined: 8 years ago
Posts: 8
Topic starter  

Hi Kevin and thanks for your reply. Yes is the answer. I was discharged on 10th August 2015 and i have a letter from my trustee stating that he was discharged on the 26th. I also got a copy of my credit report which actually says i was discharged in 2014. A year earlier than it was.


Terry Flannigan


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 17 years ago
Posts: 13594
 

Hi Telboy.

Your credit file isn't really relevant here.

The relevant date is when your trustee was actually discharged. If they've been discharged the chances are that this money will come to you in time, but the bank may be being sensibly cautious to confirm the status with your former trustee before paying out to you.


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


   
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(@telboy)
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Joined: 8 years ago
Posts: 8
Topic starter  

Thanks TDA. I understand that they need to be sure. I was just getting a little concerned that the trustee are insisting they have had no contact from the bank and the bank is insisting that they have. It seems to be a bit of a stalemate. Never having been in the situation before (no one ever gives me money) maybe i'm just expecting things to move quicker than they do. I'll keep you posted on any further activity.


Terry Flannigan


   
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(@telboy)
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Joined: 8 years ago
Posts: 8
Topic starter  

The bank are now saying they can use any money i'm due to offset any outstanding debt i had with them when i went to my trust deed. I thought all debts were written off at the end of it? It seems the banks are allowed to resurrect debt when it suits them. I had a feeling this was going to happen.


Terry Flannigan


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 17 years ago
Posts: 13594
 

Hi Telboy.

Is this RBS?


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


   
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(@telboy)
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Joined: 8 years ago
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Topic starter  

Yes,it is pal. How did you guess? lol.


Terry Flannigan


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 17 years ago
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Here's our current understanding of this unique and confusing situation Telboy. RBS has taken a different approach to this situation than most other financial institutions:

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


   
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(@telboy)
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Joined: 8 years ago
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Topic starter  

I received a follow up letter today basically saying that they have the RIGHT to off set any money i'm due from ppi to pay debts that i owed them when i entered the trust deed, then a kind of threat that if there is any surplus due, they may have to send it to my former trustee.
I read with interest your link above and it looks like they are on quite shaky ground here. I will not let this matter go. I want to make sure i am following the correct procedure here, so should i open a complaint with the ombudsman before contacting them again?
They are also still saying that my trustee has not responded to their them. I spoke to my trustee on friday and they are insisting that RBS has not yet contacted them.


Terry Flannigan


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Yes Telboy, they say they have the right to do this.

It will be the court that determines whether they are correct to take this position I think, and you may have to wait to get an answer as explained in that article I linked to.

I doubt the Ombudsman will be able to assist right now if there is pending legal action in a contentious area.


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


   
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(@telboy)
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Joined: 8 years ago
Posts: 8
Topic starter  

Well it's taken a while (since last May to be precise) but i got a cheque today from RBS for just under £6000. I had 3 cases that were direct finance loans from Lombard and RBS have tried every trick in the book to avoid paying out on these. I have battled all the way with them and when i found out that DF loans cannot be used to offset against previous debts i knew i had them. It still took another 6 months but i got there in the end. I hope this info helps others in similar situations. Dig in and fight for your money. Thanks for all the help, advice and support on here. Good luck!


Terry Flannigan


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

That's great news Telboy - well done for seeing it through!

You'll have to excuse my ignorance, but what do you mean by Direct Finance loans? In what way were they different from normal personal loans?


Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@telboy)
Active Member
Joined: 8 years ago
Posts: 8
Topic starter  

Hi Kevin. That's what they called the loans from Lombard but it was RBS who financed the loans and PPI was added by them.


Terry Flannigan


   
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