is there a time limit for claim using Plevin 21 August 2019 at 9:50AM in Reclaiming mortgage fees, council tax, etc 4 replies 2.5K views

Bbaird

My husband has referred a rejection from our mortgage provider to the ombudsman but we know this could take some time. He was definitely missold ppi and we will pursue a plevin claim if the ombudsman upholds. We were wondering if there is a cut off date for plevin claims?

[Deleted User]

Bbaird wrote: »

My husband has referred a rejection from our mortgage provider to the ombudsman but we know this could take some time. He was definitely missold ppi and we will pursue a plevin claim if the ombudsman upholds. We were wondering if there is a cut off date for plevin claims?

I'm afraid your complaint will have already been automatically considered for Plevin by the Bank. If your complaint was outright rejected with no refund forthcoming at all then Plevin won't apply. Plevin applies only when the undisclosed commission exceeded 50% and the finance must still have been in place in 2008. Plevin also only applies to rejected PPI complaints

Since Mortgage PPI did not generally reach the tipping point of 50% for Plevin, I expect this will be why you haven't already received a Plevin refund. You'd need to check with the Bank to be sure.

If the Ombudsman upholds your complaint you will receive a full refund of all PPI paid plus interest. You won't be able to make an additional Plevin complaint if you have already received a full refund as there will be nothing further owed to you.

If the Ombudsman rejects your complaint, then it's game over and there will be nothing more you can do. The Ombudsman will confirm that Plevin does not apply as part of their consideration of your referral.

On August 29th all new PPI complaints (and therefore Plevin too) will be disallowed forever.

I hope that makes your position clear?

Bbaird

Crystal clear, thank you

[Deleted User]

Bbaird wrote: »

Crystal clear, thank you

Do also realise that most mortgage PPI complaints are rejected and so, statistically, it's likely the Ombudsman will side with the Bank...

SonOf

When a complaint is rejected, it is automatically checked to see if it meets the Plevin criteria. Most MPPI complaints do fail. So, that is not unexpected (the FOS uphold rate on MPPI is less than 1 in 10 now as well).

In addition to what Moneyineptitude said above, Plevin on MPPi is different to credit card and loan PPI as mortgages did not always fall under the consumer credit act. If the mortgage was regulated under MCOB then Plevin does not apply as Plevin relies on a failure under S140a of the consumer credit act. There is no such issue under MCOB.