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Trust Deed discharged over 5 years ago / PPI

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(@weesenga)
Active Member
Joined: 11 years ago
Posts: 14
Topic starter  

HI there

I was discharged from my TD in 2009 and am in the process of making some PPI claims - one of which is RBS however I have heard that RBS will take any payment and use against the debt I had with them.

Which is fair enough however I entered the TD in 2003 so the debts are over 11 years old, surely these have become Statute Barred, or at least now they have after the TD finished 5 years ago.

Or can RBS still retain any potential PPI payment even though the debt went into a TD and is over 10 years old?

KInd Regards


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

Hello weesenga and welcome to the forum.

All we can really say is that RBS appear to be in the habit of not paying out PPI where they have had to write off debt previously as a result of the trust deed.

I'm not sure that the timescales involved will change their position on this, but you'll only find out by trying.

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


   
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(@weesenga)
Active Member
Joined: 11 years ago
Posts: 14
Topic starter  

hi there, yes I suppose so, I will let you know what happens, you never know!


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 17 years ago
Posts: 4798
 

I don't think the time barred aspect will make a real difference as this only stops them being able to legally pursue for the debt.

It is certainly worthwhile pursuing this as there is always a chance that they pay out, especially after the time which has elapsed.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


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

Hi weesenga.

You're doing this yourself rather than using a claims company?

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


   
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David Tannock
(@david-tannock)
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Joined: 12 years ago
Posts: 2581
 

Hi weesenga,

It could be that the level of any PPI compensation pay out could be greater than your debt to the RBS therefore even with the possibility of them offsetting some funds could still come back to you.

It's definitely something worth looking into as you never know.

Let us know how you get on.

David is not currently posting in the Trust-Deed.co.uk forum


   
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(@weesenga)
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Joined: 11 years ago
Posts: 14
Topic starter  

Hello guys, yes I am. I had spoke to Das and they were going to do it for me....but then I read about rbs offsetting and people being left to pay the claims company out of their own pocket. So I just rang rbs, they gave me my card and loan account numbers, confidential I had ppi, how many loans where in the chain, dates I paid them off and date I cancelled the ppi etc. I completed their form and sent back. I've also written to welcome and santander for my frasercard. I did let das approach Bos however I don't think o had ppi with them. I am thinking of just telling das I don't want to use them for bos either and just do that myself. If any money I get goes back to pay off debts that's fine but I'm not in a position to pay up to 30% fees to a Cmc. I'll let you all know how I get on. I'm just thinking of the long time it's been for these debts and that fact that my first loan with rbs which had poi was settled in full by myself and wasn't included in the TD which I took out 5 years later. Surely they would have to pay me back for that? That's not "their money". Hope to hear back soon.


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

Hi weesenga.

Any PPI that you might have been owed was an asset that vested in your trustee when you signed your trust deed.

I don't know if this is where RBS are coming from, but I have heard an argument that questions whether this potential claim vests back in you once you and your trustee have been discharged.

It's all monumentally complicated and uncertain and untested.

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


   
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(@weesenga)
Active Member
Joined: 11 years ago
Posts: 14
Topic starter  

hi there, I received a letter upholding the complaint on one of my cards and it is for ยฃ149, not much I know, but still something. I signed the acceptance form and will wait and see what they do, my other claims are being investigated and the letter for the other claims asks for documents regarding my TD, so I called my old Trustee and they are going to send copy discharge letter, which I will forward to RBS and see what they do next. If they keep the money that's fine, I don't have a problem with that. But I suspect I may get to keep the small claim of ยฃ149. I will let you know. The sorted out the first claim in a matter of days, I was impressed by this.


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 17 years ago
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Hi weesenga

Keep us posted as it will be interesting to see what they do, especially with the length of time which has passed since the discharge.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@weesenga)
Active Member
Joined: 11 years ago
Posts: 14
Topic starter  

will do Mark, hope to hear back from them soon, they have been really quick with things so far.


   
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(@weesenga)
Active Member
Joined: 11 years ago
Posts: 14
Topic starter  

Well, I've received offers for the chain of loans, again the standard letters have the part about offsetting, trusts deeds, ivas etc. So I'll just sign them, send back and wait. I've still to hear back in the small card claim which I accepted a couple of weeks back. Hope to hear on that soon
soon.


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

So far so good. Keep those fingers crossed weesenga!

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


   
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David Tannock
(@david-tannock)
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Joined: 12 years ago
Posts: 2581
 

Fingers crossed weesenga that you get a refund paid out to you. I'm sure the money would could in handy.

Keep us updated.

David is not currently posting in the Trust-Deed.co.uk forum


   
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(@weesenga)
Active Member
Joined: 11 years ago
Posts: 14
Topic starter  

Fingers and toes crossed! I called them today for a reference number for another card claim and the chap said that as long as I send proof of discharge the will check with IP to ensure he has no further interest etc and if IP says ok tp refund money to me then they will. He did say he was aware of any off setting but says that's either IVA or Bankruptcy. Or cases where still in live TD / IP not discharged. Sounds positive. But not holding my breath!


   
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