I dont think it looks good. I have spoken with Mackenzie Stewart today and they advise that RBS cannot do this due to my discharge. The letter does say redress active loans for those with live trust deeds but I have been legally discharged. mckenzie stewart read the offer letter closely and there is no mention of discharged deeds. Thats not to say RBS still cant redress. They also stated that they have other customers in the same position as me who have been paid by RBS. I did pay these loans for 6 years before interest frozen and the protected trust deed applied. I posted off the accepted offers today so we will see what happens in 4 weeks. Will update when I have news.
Letter says if you are subject to a trust deed. I was, now I'm not. This is do dodgy now but will see what happens.
The Ombudsman allows them to set off, even if you are discharged. There's a line RBS uses "At the time we owed you money, you also owed us money". I.e, the money you're getting existed at the same time as the debt - pre-trust-deed. Arguably the statutory interest shouldn't be included in this, and they seem to have different rules for IVAs and trust deeds. Keep on it, and good luck - they seem to be paying out about three weeks after receipt of acceptance.
Also, I had only 9 months left to run on my loan when it went into the trust deed - and the amount was pretty much the same as the PPI premium (frontloaded single premium). Arguably the debt would have been clear prior to the trust deed if it had not been missold, but they don't analyse individual circumstances.
RBS have been very sneaky making the offer the same amount as their loss. Will update when I have news.
Actually, that's the one thing they are not being sneaky about - they don't choose what to offer you. If they uphold a complaint, it's a straightforward refund of premiums and interest, plus the 8 per cent per annum statutory interest. It's coincidental that the sums are similar.
Anyway, good luck again, look forward to hearing from you in a few weeks' time.
Progress update.
A week after accepting the offers and posting them back I called RBS this morning who advise that there is a Trust Deed note against my claim. Explained that I am 2 and a half years past discharge and they have requested a copy of the discharge letter. Contacted my representative at McKenzie Stewart who are sending this today and they are confident once received RBS will pay out in about a week.
I'm really surprised (but pleased for you!) to hear this, as it is entirely against RBS set off policy, regardless of how long has passed since discharge. Hopefully they won't pursue set off in your case and you'll actually get the money!
It probably helps to have a trustee fighting your corner even after you've been discharged! Really good of them, seeing as there's not anything in it for them!
It will be interesting to see how this plays out.
Neelia... we've seen so much comment here about RBS, set-off and PPI after trust deeds. I would suggest that you assume no payment will come your way and treat any such payment, if it were to come, as a very welcome bonus.
That's how I'm looking at it but I have such very conflicting views. McKenzie Stewart's confidence and the Forum's skepticism. Will see what happens and keep you informed.
I made my last payment in June this year and myself and my trustee was discharged in October, even tho I done a lot if complaining over this time limit, it was actually quite good as others are known to less fortunate.
Hi sparky1
Thanks for posting. It's great to be discharged. Life can begin now.
Did you manage to get ppi back from RBS?
U've mistaken me for someone else, I didn't have anything to do with Rbs :o))
Sorry sparky1. Got the wrong thread. I see u mean discharge time not ppi which was where I was coming from. My discharge took about 8 weeks after my last payment.