PPI was often sold to people when they took out credit such as loans, credit cards, store cards, overdrafts, & mortgages. It was sold to cover the monthly repayments in the event that the individual was unable to pay. This included things such as redundancy or illness & injury which meant they were unable to work. However, PPI was often mis-sold, and many people weren’t even aware it had been added to their credit accounts.
Mrs Susan Plevin was sold a PPI policy in 2006 to cover her secured loan from Paragon Personal Finance Ltd. She was not informed that over 71% of the PPI premium payment was commission paid to the them by the insurance company providing the cover. After discovering this Susan took her Claim to Court alleging that her relationship with Paragon was unfair due to the non-disclosure of the commission.
The Supreme Court ruled that failure by Paragon to disclose the commissions payable out of the PPI premium payment created an unfair relationship, between Susan Plevin and the Lender resulting in her being awarded compensation.
Plevin claims are also known and described as secret commission or unfair relationship claims.
You can claim back PPI if the commission the lender received for the sale of the PPI was not disclosed to you. This is known as a Plevin PPI claim and the result is a return of the PPI premiums plus interest. This was because your lender did not disclose that they were being paid a secret commission for selling the PPI policy to you.
The deadline for PPI claims ended 29 August 2019, however, this deadline is NOT relevant to a Plevin claim. These claims are based on the high levels of commission alone.
Whilst a Plevin PPI Claim is made in respect of the sale of a PPI policy, the basis of a Plevin claim is different to a Mis-sold PPI Claim. A Plevin PPI Claim does not consider whether the PPI policy was suitable, instead it looks at whether the Lender failed to disclose high-level commissions earned from the PPI premiums paid by consumers when selling PPI, If they did not this would make the relationship unfair.
Although the PPI deadline has passed, Plevin PPI Claims are not subject to a deadline. This is because the Claim is based on a different area of law, namely the Consumer Credit Act 1974.
Partial Refund – The commission that lenders received for selling PPI policies was on average 67%. Where customers made a previous claim for PPI, typically lenders only reimbursed customers over the first 50% commission threshold (i.e. in this example, 17% of the average commission of 67%). Therefore only partially compensating customers, when they should have fully compensated customers. If you received only a partial refund, you could be entitled to a further refund.
Rejected Claims – If you previously submitted a claim prior to the PPI deadline and it was rejected as not mis-sold, it can now be re-assessed enabling a new claim to be re-submitted if you meet the Plevin criteria.
Missed Claims: You may have thought that you were not sold or mis-sold PPI and have not submitted a claim. If this is the case, claims can now be submitted on the basis that you were not aware of the PPI or the high level of sales commission being paid.
To find out if you have paid PPI simply tell us the lenders you may have had borrowings with and we’ll take care of the rest for you. We will send a Subject Access Request to your bank which will disclose if you have ever PPI with your account.
Your Claim Matters will identify if you have paid PPI with the lender(s) that you tell us about. If you have, and if we believe you have a valid PPI claim(s) using the Plevin ruling, your claim will be referred to one of our panel of law firms who will legally challenge your lender to retrieve any monies owed to you and will issue legal proceedings against the lender if necessary.
When we refer you to a law firm you will be asked to sign their documentation and we will ask for your consent to pass on any details to the law firm or any other third parties involved in processing your claim. The law firm will then be able to answer any further questions you may ask about the claims process.
The law firm will represent you on a NO WIN NO FEE basis and will charge you up to 40% plus VAT (up to 48% in total) if your claim is successful. The law firm should explain their fees in the documentation they share with you. If you cancel after the 14 day cooling off period they may charge a cancellation fee.
Your claim may be settled out of Court, but if your case does go to Court, your law firm will support you through the process and represent you at any Court hearing.
You may be able to reclaim tax paid on a PPI refund going back up to 5 years. Whether you can claim depends on your personal circumstances. We can do a free check and make the claim on your behalf if we think you are due a refund.
One of the main reasons why it is essential to get your claim in as quickly as possible is due to the amount of time needed to make a claim. It’s important because of the tax years involved.
Where your tax claim is successful, we will be entitled to a fee of 40% plus VAT plus an administration charge of £10.00 plus VAT.
When you received a PPI refund you would have received interest on your payment. Your bank will have deducted tax from the interest element of the payment and you received the balance as redress. However, if the total interest you’ve earned from your savings and the PPI statutory interest is less than your personal savings allowance, you can claim all PPI tax paid during the last 5 tax years.
The process for claiming back the tax deducted from your PPI payment can be a little complex. We take care of all of this for you so you can relax. And we only charge you if we are successful in getting you a refund.
We would love to hear from you to see how we can help