FOI Request - PPI Refund
Request 101000349043
I am writing to make a request under the Freedom of Information Act (Scotland) for your records and notes from two meetings and one phone call that I've had with advisors in your office regarding:
a) my legal right to apply for a PPI Refund from RBS in 2013, given that I had undergone a sequestration in 2011-12 that was fully discharged in November of 2012.
and:
b) whether or not RBS has the legal right to withhold a PPI refund as a set-off when someone has undergone a prior sequestration that discharged small debts owed to RBS.
The advice I received during these three conversations was consistent: I had a right to apply for a PPI refund, and RBS did not have a right to withhold it as an off-set of debt discharged by a sequestration that was closed a year before the refund application was made. I recall being told, 'The sequestration and the refund have nothing to do with one another' and any attempt by RBS to say differently is not lawful.
ALSO: I did not seek advice in these conversations about whether RBS can refuse to provide full disclosure of how much was taken as PPI payments from my accounts and how much interest I am owed by RBS for withholding my refund. But I would like to know my position on that too.
Response 28-05-2015
The following information is that held by The Moray Council Trading Standards Department regarding your requests for advice in relation to the Royal Bank of Scotland.
Date – 26/2/2013 - Case Officer David Owen
You personally attended at Trading Standards and sought advice as you were having difficulty pursuing a case for miss sold PPI.
Notes
Consumer believes she was miss sold PPI insurance along with a loan several years ago. Consumer now trying to make claim against bank. She has formally written to bank asking for full disclosure of her loan and other accounts to ascertain details of claim. Trader has written back refusing to reveal information without further information. Consumer wants advice and asked for assistance in filling out her claim form. (Was given name of Alison and maintained she wanted to speak to her about Money Advice but identified she wanted Consumer Advice)
Advised that our Service could not provide the service of helping her complete forms but can advise on her consumer rights and steps to take in making a claim. Asked to see copy of her letter to bank and their response. Consumer admitted not with her after searching. Advised I could only give general advice as not aware of details. Advised to return correspondence to Bank with all relevant details requested and to maintain that she wants full disclosure. Advised to write recorded delivery letter. Advised that if bank continue to refuse could use bank complaint process and consider Finance ombudsman to pursue case. She also asked whether the fact she had been subject to sequestration would affect her claim but advised that claim refers to how PPI sold to her not her personal circumstances some time later.
Date- 17/2/14 - Case Officer Stuart Duncan
You personally attended at Trading Standards and sought advice. Consumer previously a client of GW, money advice. Consumer went bankrupt. Discharged 2012. Consumer applied for return of PPI from the Trader. Trader has not dealt with the application quickly. Consumer agreed to accept £1600 and was advised to expect this amount possibly in three separate amounts about Dec 13. No money to the Consumer. Consumer contacted Trader recently to be advised verbally that her application complete and that as she owed the bank the money this had been retained by the bank in lieu of her debts. Consumer had been advised by GW that money from the process was hers and could not be taken by RBS. This confirmed by the AIB. No written confirmation of her PPI claim from the Trader. Consumer seeking advice on how to pursue the Trader and get the money owing to her.
Notes
Advised the Consumer that she must communicate in writing with the Trader. She should expect reasonable skill and care from the Trader. Trader should also deal within a reasonable time. The Consumer sought the Trader to investigate PPI miss - selling. Trader appear to have dealt with the issues. Consumer however has not been contacted. Consumers complaint should be based on her need to be informed by the Trader the outcome of the PPI investigation.
The second issue is that the Traders telephone call relates to the money being retained by Trader as she had debt. Consumer believes that as she is a discharged bankrupt they should not be retaining the money to satisfy her debt. Advised Consumer that this info only based on verbal info from Trader thus the urgent need to obtain a response in writing.
Once this received and confirmed Trader have retained money as the info Consumer has is that this Trader action unlawful the Consumer could complain to Trader re this action and seek return of money. The Consumer could thereafter pursue to the Financial Ombudsman. Consumer sought info to pursue to Financial Ombudsman immediately. Advised my concern the Financial Ombudsman would indicate that the Consumer has not pursued the Trader via their complaints procedure first, in line with the Financial Ombudsman processes. Consumer aggrieved at the manner she has been dealt with by the Trader. Advised Consumer that the Financial Ombudsman could if felt appropriate also provide the Consumer compensation for poor service. Advised of role of Trading Standards
On 18/2/2014 you forwarded the following email to Moray Trading Standards
From: Ladywell@keme.co.uk
Sent: 2014-02-18 10:26:56.28
To: Trading.Standards@moray.gov.uk
Subject: thank you
Hi -
My problem is a PPI refund that has been withheld and pocketed by RBS illegally. What to do? Big bank, etc. The advice was clear and helpful, will take it a step at a time. Horrible to have to fight for this after an already protracted and badly organised process getting the refund cleared by the bank! RBS really isn't interested in ethical behaviour any more.
Kind thanks,
Elizabeth Marriott
Date 15/4/2015 - Case Officer Stuart Duncan
Consumer called by telephone- Seeking advice re letter received from the Ombudsman Service. This stated to be a final letter. Consumer states this not what she expected. Believed she had a good case. Trader had made an offer but reneged. Stated the money had already been paid via sequestration. KPMG who dealt with sequestration stated this not the case. Consumer looking to establish how she could pursue this further with the Trader
Notes
Advised Consumer that only the courts or the Ombudsman service could compensate her. Trading Standards could not require Trader to compensate consumer. Advised to communicate with the Ombudsman service. Seek explanation for the letter. Cannot be understood. Advised that she could pursue to court for reasonable costs. Advised the limit for small claims £3000. May be option to take to a solicitor. Seek advice on the documentary evidence available to her as to whether she has a good case to pursue the Trader.
21 May 2015 - Sought information from TS files relating to advice provided by Moray TS regarding her consumer issues and Pursuit of the Royal Bank of Scotland.
ALSO: I did not seek advice in these conversations about whether RBS can refuse to provide full disclosure of how much was taken as PPI payments from my accounts and how much interest I am owed by RBS for withholding my refund. But I would like to know my position on that too.
I am unable to answer this part of your query under freedom of information as it is not about information held by the Council. Rather, you are seeking further advice on your original consumer complaint. The officer who dealt with the original consumer complaint has confirmed that the complaint has previously been referred to the Financial Services Ombudsman who has ruled on the matter. In light of this the Council’s Trading Standards service cannot offer any further consumer advice to you on your complaint and would advise you to contact the Financial Services Ombudsman.