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  • FIRST POST
    • Lynnzer
    • By Lynnzer 13th Mar 17, 4:56 PM
    • 31Posts
    • 27Thanks
    Lynnzer
    Life after Plevin
    • #1
    • 13th Mar 17, 4:56 PM
    Life after Plevin 13th Mar 17 at 4:56 PM
    Claimed against RBS which took a long time to get answers after an initial refusal, so I could make an appeal to the Ombudsman. In effect it timed out beyond the 6 months due to the delay getting what I wanted from RBS.

    I then asked RBS to look at the claim again a couple of years later as I know the claim was good. So many things that weren't done that should have been. They rejected it.

    I have just seen the Plevin result in the Supreme Court about non disclosure of commissions.
    As this wasn't covered in my original claim is it possible to construct a new claim based on Plevin as well.

    Failing that can I make a court claim. I am still within the 6 years but I have no idea how to make a claim where the amount is unknown.
    I have seen some previous posts which shows how to do it from a SAR and release of all documents but this is too heavy for me. It would cover around 20 years and there's just too many calculations to get to grips with
    Could I make a claim for an ad-hoc amount such as "for an amount to be calculated by RBS in-line with their standard amortisation should a court find my claim to be substantiated.

    In any event, a Plevin based new appeal for non disclosure would be nice if it were possible.
    Last edited by Lynnzer; 13-03-2017 at 4:58 PM.
    Confucius say woman who sits on Judges knee gets honourable discharge
Page 1
    • Nasqueron
    • By Nasqueron 13th Mar 17, 5:21 PM
    • 4,181 Posts
    • 2,314 Thanks
    Nasqueron
    • #2
    • 13th Mar 17, 5:21 PM
    • #2
    • 13th Mar 17, 5:21 PM
    Claimed against RBS which took a long time to get answers after an initial refusal, so I could make an appeal to the Ombudsman. In effect it timed out beyond the 6 months due to the delay getting what I wanted from RBS.

    I then asked RBS to look at the claim again a couple of years later as I know the claim was good. So many things that weren't done that should have been. They rejected it.

    I have just seen the Plevin result in the Supreme Court about non disclosure of commissions.
    As this wasn't covered in my original claim is it possible to construct a new claim based on Plevin as well.

    Failing that can I make a court claim. I am still within the 6 years but I have no idea how to make a claim where the amount is unknown.
    I have seen some previous posts which shows how to do it from a SAR and release of all documents but this is too heavy for me. It would cover around 20 years and there's just too many calculations to get to grips with
    Could I make a claim for an ad-hoc amount such as "for an amount to be calculated by RBS in-line with their standard amortisation should a court find my claim to be substantiated.

    In any event, a Plevin based new appeal for non disclosure would be nice if it were possible.
    Originally posted by Lynnzer
    If you were rejected by the bank and they sent the letter saying you could appeal to the FOS then unfortunately that was what you should have done rather than continue to argue with the bank as you could present your case to the FOS. If it's outside the 6 months it is timebarred

    Plevin may apply to you as your complaint was rejected but it does not mean you can make a new PPI complaint, you just have to ring and ask them to consider the Plevin ruling. If the commission on your product was over 50% you get a refund of the amount over 50% if Plevin applies so you may get something back but it's not going to be massive

    You can try a court case if you are wealthy and are prepared to lose and pay, the burden of proof is higher in civil courts than something like the FOS (you have to prove on the balance of probabilities that you were miss-sold) and nobody on here would recommend you try court action
    • dunstonh
    • By dunstonh 13th Mar 17, 5:32 PM
    • 87,312 Posts
    • 52,490 Thanks
    dunstonh
    • #3
    • 13th Mar 17, 5:32 PM
    • #3
    • 13th Mar 17, 5:32 PM
    I have just seen the Plevin result in the Supreme Court about non disclosure of commissions.
    As this wasn't covered in my original claim is it possible to construct a new claim based on Plevin as well.
    Its not quite about that. The Plevin ruling has been integrated into the process the FCA has deemed that any commission that was above 50% should be refunded. If the commission was less than 50% then no refund is applicable. This has only just started to come into effect. So far, we have only seen one case mentioned on this site and I believe that was an RBS credit card and the commission was in the 30% range. So, no refund given.

    Plevin does not allow you to start your complaint again. It is a specific ruling that requires the firm to see if your commission was above 50% or not.

    Failing that can I make a court claim. I am still within the 6 years but I have no idea how to make a claim where the amount is unknown.
    Legal action is a cost risk for you and the burden of proof is on you. It is not as consumer friendly as the FOS. Whilst the FOS decision carries no weight in court, the judge will consider the FOS an expert in the field and take note of their decision and reasoning.

    Not sure what you mean by 6 years. Legal action has to be brought within 15 years of the purchase of PPI.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from a Financial Adviser local to you.
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