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Re: RBS PPi Refund Offset against Existing Debts
Hi, as you'll see I have now split your posts into their own thread - also, having read your opening post can you please clarify the following:
1. Was this an RBS or Natwest PPi account
2. What type of account was the PPi missold on (bank / ctredit card / loan)
3. What type of account are they saying you are in arrears with (bank account / credit card / loan?)
4. Was the original account with PPi a sole or joint account?
5. Was the account they claim you are in arrears to, a sole or joint account?
6. How much was the PPi refund?
7. Were you paid any of it?
8. Have you ever sent a SAR to RBS, if so - when and what response have you had?
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The thing to remember is that if you had a sole account with Natwest and paid that off but had a second sole account with Natwest which was in arrears, any repayment of PPi should only be repaid to the source account unless Right of SetOff (RoSO) dictates differently - it appears that Natwest are saying to you that you owe funds on an old bank account and thus the PPi was refunded into that - regardless if it was already Statute Barred - they can do it if the PPi was from the source account or if RoSO supersedes.
The FOS don't always adhere to RoSO in favour of banks especially if the source account was joint (so any ppi refund muct be due to you both) yet the arrears account was sole, for instance.
Please answer the questions above and from that I will then tell you right legal rights with regards to the FOS.
Originally posted by Billyboy
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1. Was this an RBS or Natwest PPi account
2. What type of account was the PPi missold on (bank / ctredit card / loan)
3. What type of account are they saying you are in arrears with (bank account / credit card / loan?)
4. Was the original account with PPi a sole or joint account?
5. Was the account they claim you are in arrears to, a sole or joint account?
6. How much was the PPi refund?
7. Were you paid any of it?
8. Have you ever sent a SAR to RBS, if so - when and what response have you had?
------------------------------------------------------
The thing to remember is that if you had a sole account with Natwest and paid that off but had a second sole account with Natwest which was in arrears, any repayment of PPi should only be repaid to the source account unless Right of SetOff (RoSO) dictates differently - it appears that Natwest are saying to you that you owe funds on an old bank account and thus the PPi was refunded into that - regardless if it was already Statute Barred - they can do it if the PPi was from the source account or if RoSO supersedes.
The FOS don't always adhere to RoSO in favour of banks especially if the source account was joint (so any ppi refund muct be due to you both) yet the arrears account was sole, for instance.
Please answer the questions above and from that I will then tell you right legal rights with regards to the FOS.
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