PPI claim outside Plevin dates

Martinppireject

I have had a ppi claim rejected by Halifax even though they accepted that I was never told about the commission taken on my mortgage. Using the Plevin/FCA rules Halifax stated that my mortgage was not within the scope of an Unfair Relationship assessment since the mortgage ended before 2008. Do I have a case for pursuing my claim any further? To complicate matters my claim was rejected last June so I am unable to use the Ombudsman.

dunstonh

I have had a ppi claim rejected by Halifax even though they accepted that I was never told about the commission taken on my mortgage.

You say "even though". You need to realise that there was never any regulatory requirement for commission disclosure.

What happened is that Consumer Credit act was amended in 2006 (effective from 2008) and Plevin relied on S140a of that changed act.

So, if the debt ended before 2008, the debt never fell under the revised consumer credit act. So, no breach occurred. Plus, many mortgages were not regulated under the consumer credit act but MCOB.

Do I have a case for pursuing my claim any further?

No. The response seems accurate based on the debt ending before 2008 and as the FCA did not require commission disclosure, no rule breach has occurred.

[Deleted User]

Martinppireject wrote: »

To complicate matters my claim was rejected last June so I am unable to use the Ombudsman.

I'm afraid your complaint has been fully and finally rejected eight months ago and so the Bank will not entertain any attempt by you to revive it. As the bank explained, the reason your "complaint" failed is that your finance did not fall into scope for Plevin. The Ombudsman could not assist you here even if you had approached them within the first six months of your rejection.

Realise that Commission Disclosure by is not, by itself, a reason for complaint. The Plevin Ruling is due to an amendment to credit law enacted in 2008. It does not apply in your case.

Time to move on from this...