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normanna

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Post by normanna » Thu Aug 16, 2018 7:42 am
Foggy wrote:
It does annoy me that RBS continue to shirk their responsibilities toward their illegal PPI practices, by illegally offsetting refunds against former IVA protected debts. I think IP's, or the industry as a whole, should be having a conversation with the Ombudsman about this !
Offsetting a debt is not illegal.

Foggy, I wish you would refrain from calling it illegal that RBS choose not to pay out on PPI if they were owed money and an IVA was in existence. As far as I am aware ( and please advise if I am misinformed on this ) that there has been no court ruling that states that by RBS not paying out on PPI claims if there was an IVA they are acting illegally.
 

kallis3

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Post by kallis3 » Thu Aug 16, 2018 8:11 am
Foggy was saying if you are in an IVA it is illegal for a firm to offset against their debt when money should be distributed amongst all creditors.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 

Foggy

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Post by Foggy » Thu Aug 16, 2018 9:09 am
normanna wrote:
Foggy wrote:
It does annoy me that RBS continue to shirk their responsibilities toward their illegal PPI practices, by illegally offsetting refunds against former IVA protected debts. I think IP's, or the industry as a whole, should be having a conversation with the Ombudsman about this !
Offsetting a debt is not illegal.

Foggy, I wish you would refrain from calling it illegal that RBS choose not to pay out on PPI if they were owed money and an IVA was in existence. As far as I am aware ( and please advise if I am misinformed on this ) that there has been no court ruling that states that by RBS not paying out on PPI claims if there was an IVA they are acting illegally.

Normanna -- you are correct and I do apologise for my incorrect terminology. No, it has not been ruled "illegal" (as I did in fact point out in my replies) by the courts. However, it is in contravention of the contract, drawn under the relevent legislation and subject to statutory rules and conditions, between that creditor, in concert with the other creditors involved and the debtor. Maybe, one day, someone will sue for breach of contract, or the ombudsman will get involved.

So, no, not "illegal", but in breach of a formal, legal, agreement and morally reprehensible.

Again, I apologise for my incorrect use of the word "illegal".
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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normanna

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Post by normanna » Thu Aug 16, 2018 1:50 pm
No problem Foggy - just wanted to check and thanks for clarifying your point.
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