WHO IS ELIGIBLE?
We can look to help you if:
You think you could have had PPI on a credit agreement that you have not already made a PPI complaint about if it was taken out post 2007 (or prior to 2007 but continued into 2008)
Have you had a PPI claim rejected even though there was PPI on the account?
Have you had a PPI complaint handled after 2017 but did not receive the full refund?
WE CAN CARRY OUT A FREE PPI CHECK FOR YOU IF YOU ARE NOT SURE IF YOU HAVE ANY PPI OR IF YOU DO NOT HAVE ANY EVIDENCE OF IT
If the PPI check shows you did have a PPI policy that can be investigated for a Plevin PPI claim, our panel law firm can pursue the matter for you.
HOW TO CLAIM
Complete the initial enquiry form
Speak to one of our friendly advisors
We will request your file to check if you had PPI on the credit agreement and if so look to progress a complaint for undisclosed commission, should the policy fall within the required criteria.
If it has you have the option of signing up with our legal partner for them to pursue your claim, alternatively you are free to instruct an alternative solicitor if you wish to do so
UNFAIR CREDIT AGREEMENT CUT-OFF DATE
When the Consumer Credit Act 1974 was amended in 2007, a cut-off date was imposed by Parliament before which unfair relationship claims cannot be grounded. This effectively means:
Any credit agreement sold with PPI after 6 April 2007 is a good claim for us
Any loans, credit cards or other financial credit products sold with PPI prior to 6 April 2007 can be investigated PROVIDING the loan, or ability to use the credit card or other credit facility continue beyond 2008.
HOW MUCH WILL IT COST ME?
We do not charge any fees for the initial Plevin PPI Check, which will require us making a subject access request upon your behalf for a copy of your full file. Should the result show that there is a policy on your file we will pass your file onto our panel law firm and we will receive a commission from the third party for our service in acting as an intermediary and obtaining the evidence to progress your case, should your case be successful.
If you do have PPI and are happy to instruct our legal partner, we will provide you with their terms of business documents. They will not charge you more than 40% plus VAT, therefore, the minimum you will receive will be 52% of any compensation received. A fee could be payable for any claim(s) cancelled after the 14-day cooling-off period. There is no charge if your claim is unsuccessful.
We do not charge you for our services. We will receive a commission payment from our legal partner should your case be successful. This will be paid by them from the deduction made from your settlement and would ordinarily be 20% plus VAT. You will still receive a minimum of 52% of any compensation.
WHAT WILL THE LEGAL TEAM DO?
Our appointed legal time upon receipt of your documentation will look to include you within the Group Claim against the lender in question.
It was established by the Supreme Court in the Plevin case that the non-disclosure of commission can render a creditor/debtor relationship unfair for the purposes of section 140A Consumer Credit Act 1974 where there is a sufficiently extreme inequality of knowledge and understanding between a creditor and a non-commercial debtor. The section 140B remedies confer a wide statutory discretion on the Court to re-open and vary the terms of an unfair relationship, including requiring the creditor to repay in whole or in part any sum paid by the debtor by virtue of the credit agreement.
Given that no PPI commissions appear to have been disclosed by any vendor, then any legal arguments are likely to focus on the extent of compensation payable rather than on issues of liability. The Court in the Doran case in 2018 awarded the return of the entirety of commission plus interest and costs. Subsequent Court judgments confirm the possibility of an award of the repayment of the entirety of the premium plus interest and costs.
You are not required to use a claims management company to make your complaint direct to your lender and if unsuccessful to the Financial Ombudsman Service for free. Alternatively, if your lender is no longer trading, you are able to submit your complaint, yourself, to the Financial Services Compensation Scheme for free.
Maddison Clarke is a claims management company and your claim will be dealt with by a legal partner.