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PLEVIN Timescales help

I’ve claimed against the Halifax for PPI paid against a mortgage back in 1993. I didn’t even know I had PPI, I just wrote to check after hearing so many stories of people finding they’ve paid PPI without realising. The bank have rejected my claim, saying it wasn’t missold and have also said I can’t claim ‘Plevin’ as it is out of scope due to the time of mortgage (1993-1996). I am disputing the misselling claim but wondered what the stance was on Plevin as I can’t seem to ever see anything regarding dates when I read any literature. Thanks in advance.

Comments

  • dunstonh
    dunstonh Posts: 120,179 Forumite
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    I am disputing the misselling claim but wondered what the stance was on Plevin as I can!!!8217;t seem to ever see anything regarding dates when I read any literature. Thanks in advance.

    You are not entitled under Plevin.

    Plevin relies on a change in the consumer credit act 2006 (effective 2008). So, the debt the PPI is linked to must still be in place in 2008. Yours ended 1996. So it is not in scope. That is why you were rejected for Plevin.

    In the missale complaint, by all means continue. However, do remember that most MPPI complaints fail. A lot of the reasons that work with loan or credit card PPI do not work with MPPI. MPPI tends to suffer fewer product issues as well and is considered a more important insurance. Things like sick pay dont work with MPPI for example. What are your complaint reasons?
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • I genuinely didn’t know we had PPI so it was clearly taken without consent. I worked for NatWest at the time so had a stable job and didn’t need protection insurance. We also had the back up of my parents, should we have found ourselves in dire straits. The mortgage term was a five years; the PPI only started (miraculously) two years into the term, and yet we didn’t visit the branch to take more borrowing, or change the terms etc, so not sure how they applied the insurance? It’s so difficult to prove all these years on. I’m really frustrated.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    KerryDale wrote: »
    I genuinely didn!!!8217;t know we had PPI so it was clearly taken without consent.
    Very very unlikely on a mortgage.

    There would certainly have been documentation you were required to sign (and read) detailing the insurance.

    It's a myth sponsored by Claim Companies that PPI was routinely added without the knowledge and permission of the customer.
    As such, I can't say I'm surprised that your complaint was rejected.

    I'm afraid, 25 years on, you've simply forgotten agreeing to the insurance. If not, you simply didn't read what you were agreeing to.
  • ~Brock~
    ~Brock~ Posts: 1,715 Forumite
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    KerryDale wrote: »
    I genuinely didn’t know we had PPI so it was clearly taken without consent. I worked for NatWest at the time so had a stable job and didn’t need protection insurance. We also had the back up of my parents, should we have found ourselves in dire straits. The mortgage term was a five years; the PPI only started (miraculously) two years into the term, and yet we didn’t visit the branch to take more borrowing, or change the terms etc, so not sure how they applied the insurance? It’s so difficult to prove all these years on. I’m really frustrated.

    I have never understood either of those reasons for not having insurance.

    1. No job can be considered stable nowadays, even one with Nat West
    2. Would you really prefer to save a few quid on insurance and instead drain your parents of their own hard earned savings? Wow.

    If it can be proved that it was genuinely added without your consent then you will have a good case, but the above reasons do not really add any additional support other than within your own emotions.
  • Nasqueron
    Nasqueron Posts: 11,045 Forumite
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    KerryDale wrote: »
    I genuinely didn’t know we had PPI so it was clearly taken without consent. I worked for NatWest at the time so had a stable job and didn’t need protection insurance. We also had the back up of my parents, should we have found ourselves in dire straits. The mortgage term was a five years; the PPI only started (miraculously) two years into the term, and yet we didn’t visit the branch to take more borrowing, or change the terms etc, so not sure how they applied the insurance? It’s so difficult to prove all these years on. I’m really frustrated.

    You can try the parents backup line but realistically it won't work, parents can't be relied upon to pay off a mortgage in case of a long term injury that stops you working for years. The PPI payment would have been a separate monthly charge itemised on every statement so it's not realistic to claim you didn't know about it 20+ years after the event, a complaint after the first payment would be

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • dunstonh
    dunstonh Posts: 120,179 Forumite
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    I worked for NatWest at the time so had a stable job and didn!!!8217;t need protection insurance.

    What makes you think that? You could get sick. You could get made redundant (as many did).

    Also, as you worked at a bank, depending on your role, you could find your allegations that you didnt know you were paying it to be considered not very credible.
    We also had the back up of my parents, should we have found ourselves in dire straits.

    Very few complaints succeed on that basis.
    The mortgage term was a five years; the PPI only started (miraculously) two years into the term, and yet we didn!!!8217;t visit the branch to take more borrowing, or change the terms etc

    Which suggests it was not bought with the mortgage but added later. Nothing miraculous about that. Standalone cover is often bought at a different time.
    so not sure how they applied the insurance?

    If they can find the application, they will be able to see.

    You can never pre-judge a bank or building society complaint as they are very scattergun in their responses. You may succeed but your reasons are not strong. At least not with MPPI (they would be stronger with loan/credit card PPI).
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    dunstonh wrote: »
    You can never pre-judge a bank or building society complaint as they are very scattergun in their responses. You may succeed but your reasons are not strong.
    The complaint has already been rejected by the Bank, the OP appears to be considering referring it to the Ombudsman.
    KerryDale wrote: »
    I The bank have rejected my claim, saying it wasn’t missold I am disputing the misselling claim
  • Thank you for answering my question regarding Plevin. I gave a very very brief synopsis of my reasons for disputing misselling because I was asked by dunstonh; my dispute letter surrounding my personal circumstances and the way the complaint has been handled is much more detailed and thorough. I didn!!!8217;t specifically ask any questions or advice regarding my misselling claim but thank you for all your advice and opinions anyway. Much appreciated.
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