So..what is a reali...
 
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So..what is a realistic discharge time?

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(@tanyadm)
Trusted Member
Joined: 16 years ago
Posts: 70
 

The other thing is, Neelia, that there is no such thing as making a counter claim. The amount that the banks offer is not negotiable, because they give a defined amount based on the rules laid down for them - i.e. it's the premiums paid, plus associated interest, plus 8% statutory interest.

I would doubt that having the backing of an IP would make a jot of difference, I'm sorry to say. RBS are perfectly within their rights to keep the money - the banks DO have consistent rules to work with - the right to set off, and it is their choice and right to apply it.

I think that Mackenzie Stuart are being deeply unfair in keeping your hopes up like this, given the evidence against you getting any money back.


   
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(@tanyadm)
Trusted Member
Joined: 16 years ago
Posts: 70
 

It's a separate issue, but I've taken RBS to the ombudsman over their failure to claim their dividends from the AiB. Will keep you posted. I sent away the forms and evidence of them telling me that they would reclaim them and refund me a further, equivalent, sum of PPI. I'm actually not that fussed about the money, as if anything, the trust deed experience has taught me not to care about money and material things as I'm not used to having a disposable income (and having two children is continuing that approach!), but I feel that I paid into the trust deed in good faith, and they haven't held up their part of the agreement.


   
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(@neelia)
Eminent Member
Joined: 14 years ago
Posts: 43
 

McKenzie Stewart are obviously new at the PPI claiming lark for clients post Trust Deed so a huge learning curve from them on how not to get peoples hopes up and saying it's illegal to redress. Need to get their facts correct before they instill hope into anyone.

Yes, I started with nothing a few months ago and I still have nothing so no loss there. Hopefully the redress will maybe tidy up my credit report.

I live on my own so not much disposable income but I've survived another year and will go on to survive a good few more hopefully.

Thanks to everyone for their comments and input on this thread. Will keep everyone posted if there is any further unexpected news to report.


   
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(@neelia)
Eminent Member
Joined: 14 years ago
Posts: 43
 

So an update since my last post. No cheque received - but I'm not surprised.

Apparently RBS have said that they never received signed acceptance forms for the offers they have made to me. Bit strange as they have sent these twice already at end Oct and again at end Nov when they discovered I was in a Trust Deed and advised that they were void due to me signing them and not the Insolvency Practitioner after thinking I was in live Trust Deed. So they have received them after all and will be aware that my discharge is nearly 3 years old now.

I'm not expecting a refund and am prepared for the debt to be offset against the remainder of the loan - some sort of compensation for their deception would be nice - however I have contacted MacKenzie Stewart who's optimism has waned with regards to a settlement. The bank need to come to me with their final decision. Girl on the phone feels that I won't get PPI on the loan (no s**t Sherlock) but I could possibly be repaid a small amount for two RBS credit cards which they have made a goodwill offer of around £500. Again I will believe it when I see it.

They will keep any money that I am due as offset. I am signing and sending in acceptance forms (received via MacKenzie Stewart) again tomorrow and will be using a Royal Mail tracking service then they will have a further 4 weeks to advise the outcome.

MacKenzie Stewart will refer to the Ombudsman for final decision so looks like it will be around another 8 weeks before I have my final answer.

I have called RBS PPI Claims line directly myself to receive the same answer - no acceptance forms, so not indication regarding settlement. When finishing the call the adviser asked if there was anything they could help with, to which I replied, "Could they write a cheque and send it to me?" They did see the humour in it fortunately.

Will update in a few weeks with further details.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Please do let us know neelia.

It does seem as though this is headed in the direction we thought it might, not that it gives any pleasure to say that.

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


   
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(@neelia)
Eminent Member
Joined: 14 years ago
Posts: 43
 

So today I receive a text from RBS stating that "We are pleased to advise your PPI case ref (for 3 of the claims) has been paid and should reach you within the next 7 days. Written confirmation will follow in due course"

So now I am waiting for my cheque or will the written confirmation be to advise that they have applied it to my debt? There are another 8 PPI claims still waiting result. Will wait and see what happens and of course advise.


   
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(@neelia)
Eminent Member
Joined: 14 years ago
Posts: 43
 

Received today 1st cheque which is banked. Also received, signature verification for payment of £7.5k with a further 8 cheques to be received over the next couple of days Total to be paid to me £17k.

Good old RBS.

A message to everyone who fears that claiming PPI post Trust Deed is worthless - then think again. Nothing ventured, nothing gained.

I'll post again once the rest of the cheques have been banked.


   
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(@tonyd)
Estimable Member
Joined: 12 years ago
Posts: 115
 

A great reward for keeping at them. Celebration glass or two of wine tonight I would have thought.

Well done

Tonyd


   
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(@amann)
New Member
Joined: 11 years ago
Posts: 3
 

well done neelia am very interested in your case as i have just been offered 15 k post trust deed from rbs just sent acceptance letter back so waiting to hear from them


   
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(@neelia)
Eminent Member
Joined: 14 years ago
Posts: 43
 

Second cheque received on Thursday. 2 down 8 to go - however the 2 cheques have been goodwill offers for 2 RBS credit cards which were part of the Trust Deed. Nothing yet in relation to the refinanced loan. Seems strange that they can do this and hold back the rest because of the Trust Deed. However, the rules seem to be made and changed all the time with RBS.


   
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 CIF
(@cif)
Reputable Member
Joined: 13 years ago
Posts: 228
 

That's fantastic Neelia. Well done - shows what a bit of tenacity can achieve.


   
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(@neelia)
Eminent Member
Joined: 14 years ago
Posts: 43
 

Not so sure tenacity has anything to do with it. Feel like it's going to be a long struggle to get anything more but will stick with it.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

This is brilliant information for everyone that reads this forum neelia.

Thank you for keeping us updated.

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


   
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(@neelia)
Eminent Member
Joined: 14 years ago
Posts: 43
 

Another phone call to RBS today. So my £17k PPI offer will be used to offset the remainder of the loan protected with my discharged Trust Deed. RBS are in correspondence with the IP as they need to clarify where they should pay this windfall. RBS confirm that they have received my final acceptance and will pay the remaining amount in cheque form to the IP or me within 28 working days. Final amount to be paid is around £6k although my own figures are less it could be that they have recalculated the loan and reduced it by the PPI already paid before Trust Deed.

So not really a win for discharged Trust Deed but hopefully a tidy up of my credit file and a huge learning curve for MacKenzie Stewart who have now encountered what happens with PPI claims post Trust Deed discharge. They will be in a more informative position to keep their clients up to speed on offset rules.


   
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(@amann)
New Member
Joined: 11 years ago
Posts: 3
 

neelia does that mean you didnt get ppi money back after all


   
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