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Plevin vs. Mis-selling

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My husband had PPI on a credit card with HSBC for around 10 years.

He tried to claim back PPI but his claim was rejected as they considered that they had not mis-sold PPI to him, however they upheld the 'Plevin' part of his complaint regarding commission and he received a smaller payout on this.

We were on the understanding that he had to wait 6 months and then try to claim again, but now he is being told that because he received a payout on the basis of Plevin, he can't try again and that he should have gone to the Ombudsman within 6 months.

Can anybody shed any light on this? Can a claim for mis-selling be started again, despite receiving a plevin payout?

Thanks for any advice.

Comments

  • Nasqueron
    Nasqueron Posts: 10,756 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    My husband had PPI on a credit card with HSBC for around 10 years.

    He tried to claim back PPI but his claim was rejected as they considered that they had not mis-sold PPI to him, however they upheld the 'Plevin' part of his complaint regarding commission and he received a smaller payout on this.

    We were on the understanding that he had to wait 6 months and then try to claim again, but now he is being told that because he received a payout on the basis of Plevin, he can't try again and that he should have gone to the Ombudsman within 6 months.

    Can anybody shed any light on this? Can a claim for mis-selling be started again, despite receiving a plevin payout?

    Thanks for any advice.


    Unfortunately your understanding is incorrect. The letter you would have received with the rejection would have stated you had 6 months to refer to the FOS if you were unhappy not that you had to wait 6 months then try.

    No you cannot start a new complaint, after the 6 months you are out of time.

    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.

  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    Can a claim for mis-selling be started again, despite receiving a plevin payout?
    The bank will only (very rarely) agree to re-open a complaint of mis-selling if you have very significant new evidence not in your original complaint. You cannot just continue making the same complaint repeatedly, though.

    Otherwise, you had six months to refer your complaint to the Ombudsman. This is very carefully made clear in the letter you will have received and misunderstanding it does not give you any right to complain again.

    So your complaint is at an end. Sorry.

    (Just for information, accepting a Plevin refund does not preclude a later FOS referral, but any subsequent award would have the value of the Plevin refund deducted from it)
  • dunstonh
    dunstonh Posts: 119,753 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    We were on the understanding that he had to wait 6 months and then try to claim again,

    Where did you get that idea from?

    Nothing issued in your complaint process would say that. Indeed, it would warn you of the 6 month deadline.
    Can a claim for mis-selling be started again, despite receiving a plevin payout?
    No.
    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.
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