NatWest/RBS ignore debt disharge from DRO.(complicated!)

ukspawn

"...at the end of the moratorium applicable to a debt relief order the debtor is discharged from all the qualifying debts specified in thr order (including all interest, penalties and other sums which may become payable in relation to those debts since the application date)."

Hi all,

This is my first post so firstly thanks for all the advice I have read on the forum so far and I hope you guys can provide advice for me.
I have read already about this on another thread but im still very much confused on the whole subject.

So here it is.(relating to the above quote)
In feb 2011 I applied and was granted a Debt Relief Order with Natwest/rbs as creditors on this DRO (amongst others).

This included both accounts held with them and covered all debt/arrears I held at the time.
The 12 month moratorium period elapsed and I was successfully discharged from the debt.
After a while I just checked my account and saw I still had the same ballance (if not more debt? Im not sure) than before.
I read around and this may be normal as legaly I have no debts with them but they still keep the account open and in arrears...

Since my debt is 'discharged' and I am now attempting to reclaim mis sold PPI, I need to know if I have a legal right to say that they are attempting to reclaim debt that I have no legal obligations to pay by forcing me to pay off the arrears they say I have...
Im sorry if this is confusing, it is to me too

Basically can I refuse there offer on the basis that it is illegal?
Or how do I get them to pay me back for what they did wrong in the first place nevermind my own debt that I had genuine problems with... it seems like they stole my money now they are refunding it to steal it again!

Please help.

[Deleted User]

ukspawn wrote: »

Basically can I refuse there offer on the basis that it is illegal?

It's not in any way illegal, they have the right to off set any redress against any unpaid debt written off as part of your Debt plan.

Here are the rules;
http://www.moneysavingexpert.com/banking/setting-off

Search the forum, you'll find many more threads saying similar. The Bank can choose not to off set, but it's certainly not illegal if they do off set.

ukspawn

Thats why I was asking because I read one thread on an identical subject and he was told he would be entitled to all of the money since he technicaly/legaly didnt have debt?

So your sure? So what should I do now?
They have offered me 1220 pounds (-arrears that are more than all of that) and I spoke to the ombudsman and they said I will just recieve the interest?

Basically I simply want to know how muh I will get in money that I can use? I asked the banks ppi team and they didnt know or sempt to skip around the subject... is it too much to ask?

Thanks for your reply my friend.

ukspawn

Quote:Originally Posted by!misteradam2005!Hi allIs this possible?? There are conflicting views on what I read about this.My moratorium period ended in Jan 2011 and I was wondering if I tried claiming back PPI for the debts that were "written off" in my DRO, would I get to keep the money?On the website debtrelieforders.com, it says:"PPI claims made once your DRO has ended.Once your DRO is completed you are free of all the obligations placed upon you & the restrictions applied to you when it was in force.You may make as many PPI compensation claims as you want & any money you receive will be yours to spend as you see fit. Neither the Official Receiver nor the creditors included in your DRO will have any claim to it."However, some contributers to this site say that the money wouldn't come to me and would be put towards the debt.So I'm confused?I would really appreciate some advice and clarity with this.Many thanks in advance!!!Hello Adam,I'm a debt advisor at CCCS and have just come across your post.If you were still within the 12 month period your DRO would be cancelled if you successfully claimed back PPI. As you have finished the 12 month moratorium period of your DRO then you are fine to claim back PPI. Any money you receive back from this would be yours to keep.Good luck with your claim.

[Deleted User]

If you've been told you are only to receive the interest then that's all you'll receive.
Only the Bank can give you a breakdown of this amount, so any queries are best levelled at them.

ukspawn

If a CCCS debt advisor says... and another says? .... and now offsetting. Can I just have my money back please lol.

I am no longer subject to a debt plan and the moratorium period that releases me from those restrictions ended over a year ago... what debt plan do you mean?

Thanks

ukspawn

So if I went to one of those ppi companys now saying I have this claim, and have no debts (which I dont as they are discharged). Would they take the case?

Sarros

Hi I would be wary of using a claims management company until you are completely certain that any compensation you recieve would not be offset, as you could end up owing money to the cmc. Also it is just as easy to persue the complaint youself. Hope you clear things up.

[Deleted User]

Your complaint is over and the Bank have off set your redress.

You can only refuse the interest, but you can't contest the set off of the PPI refund.

No CMC can be involved now, as you can only complain once.

ukspawn

Lol then im better off just not accepting the offer atall as I wont see any of it.. and im not paying off my debt with money they basically stole from me.

Thanks for the advice guys.

[Deleted User]

ukspawn wrote: »

Lol then im better off just not accepting the offer atall as I wont see any of it..

You'll get the interest though. Why would you refuse that?