RBS PPI Claims After A Trust Deed in Scotland

Legal Update

On 21st November 2019 RBS lost their appeal (RBS v Donnelly) in the Court of Session. You can read the judgment here.

The Court found that RBS cannot offset a PPI claim against debts included in a completed protected trust deed. This applies if you’ve been discharged, your trustee has been discharged, and a final distribution has been made.

However, on 23rd January 2020 stated that RBS were attempting to appeal this case again at the Supreme Court. A forum member quotes an email they received from the RBS PPI Executive Concerns Team,

“I have liaised with our Legal Team who have advised me that an appeal has been lodged and provided me with the following information; ‘The application for permission to appeal was lodged on Wednesday, 18 December, in advance of the deadline. A court hearing is due to take place in early course’. They have advised me that the first hearing has been fixed for 11 February 2020. As soon as there is a further update, we will let you know.”

Legal progress appears to have stalled due to the coronavirus disruption. On 26th May 2020 that RBS had provided them with the following update,

“The bank has recently lodged its application to appeal directly to the Supreme Court and any decision may take a number of months. Unfortunately, due to the Covid crisis, the Courts have been experiencing significant delays. As such, there is no update at this time. It is, of course, open to you to contact the Supreme Court directly, should you wish to verify this information but otherwise, we will be in touch in due course”.