MacKenzie Stewart advise that they have written to RBS with a copy of the Trust Deed and confirmation of discharge. RBS will reply within 28 days.
Neelia - another point to note is that they may tell you that the trust deed element won't delay things - that is incorrect. If they do send the PPI refund to credit management services to distribute, it takes a further 28 days from that point for CMS to contact you.
Thanks for all the comments. I'll keep the forum updated with the outcome.
Evidence of discharge supplied to RBS by trustee. New offer and acceptance forms to be sent our for me to sign again as the first ones are now void. They were going to pay to the trustee direct but trustee has written and informed RBS that I am legally discharged so RBS will now pay me direct. Getting a little bit closer. Fingers are still crossed.
MacKenzie Stewart (chaser) have written to RBS again with a letter from Insolvency Practitioner stating that, due to my legal discharge, they will not be distributing any ppi monies to my creditors. Basically RBS are delaying as long as possible. They have recently paid out fellow claimants who are discharged so the money will come but when, no one knows.
I wouldn't have thought the new offer form was an indication of their intention to pay money out directly to you - more that they have to as the 'pay out' is to you and not your trustee. It still doesn't mean that they won't use it to set off against your debts.
I will be very interested - and not a little annoyed (at RBS, not you!) if you get your redress paid in full to you!
It's nice that your trustee is involving themselves, seeing as they won't benefit either way.
I'm guessing slightly here tanyadm, but I suspect that the trustee and the claims firm are somehow linked on this occasion from the detail of neelia's posts.
Not that this isn't still helpful to neelia of course.
Yes, RBS have paid PPI directly to fellow discharged Trust Deed holders where MacKenzie Stewart have been acting on their behalf to claim.
There is a note on my RBS PPI Claim file that, following Trustee involvement, new offers are to be mailed out from 26 November (takes a few days for this to be actioned by RBS)
As Tandyadm says, it's not over til the fat lady sings so will wait and see what happens with the new offers.
Once again, I will keep you all informed of the outcome.
Received today new offers from RBS following my Trustee confirming that I am no longer legally bound by the Trust Deed and confirmation of my discharge. Signed and sent them back today. There were 2 offer letters missing which I will give them a few days in case they have been delayed by the Christmas post, but if not received I will chase the PPI unit at RBS for further copies. Hopefully I will have something to report soon. Fingers crossed.
So it has happened. RBS have contacted McKenzie Stewart and IP to confirm the redress of my loan. Apparently the letter is lengthy and full of legal jargon. However, McKenzie Stewart/Insolvency Practitioner solicitors are carefully dissecting it and will respond making a counter claim. They are showing a lot less positive commitment to settlement than before, however did agree that RBS are notorious for doing this, which is a first, given their positivity all the way until this point. I hope their legal people are good as my optimism is dwindling. I would like this resolved. An outcome of boosting my credit rating would be nice considering I may not have needed to enter a Trust Deed had I not been made to pay PPI that I shouldn't have.
McKenzie Stewart will contact me again at the end of the week for a progress update.
Yes it is and I'm going round in circles on this one. There needs to be a definitive legal stance in the case of Trust Deeds where all lenders follow the same rules. Not sure if anyone on here has had a redress decision overturned from RBS but I will contact McKenzie Stewart later in the week to see if their solicitors have come up with a case for payment. They were very confident initially but will need to come up with the goods if they want their commission. I don't know if having the back up of the legal team at McKenzie Stewart could have some bearing on it as opposed to me trying to reclaim personally?
The thing is neelia that RBS, presumably, will have taken their own legal advice before adopting this position.
So... a definitive position would mean challenging them in court. That could be massively expensive and would come with no guarantee of success. I'm not sure anyone is going to take that risk.