The circumstances of the case of Figurasin & Anor v Central Capital Ltd [2014] EWCA Civ 504, might apply to you. This is a ppi claim where the Claimant knew there was ppi on the loan, the details of the ppi were set out in documents provided by Central Capital to the Claimant which contained a complete breakdown of the loan and the ppi.

However, the Court of Appeal Held that the ppi was wrongly sold and ordered Central Capital to refund the whole of the ppi to the Claimant.

If you lodged your ppi complaint to your creditor before the 29 August 2019, then the limitation period for your claim began to run as of 29 August 2019, meaning that if the creditor messes you about (to put it mildly) you can issue a court claim against him within 6 years from that date.

If the Figurasin case does not apply to your ppi claim, then don’t despair, because:

The purpose of this thread is to, hopefully, make all people aware that if ppi was sold to you in relation to your loans, whether the loan was for a loan, credit card, car finance or a mortgage, if the documents to your loan agreement do not make any reference to the ppi, then it is more likely than not that the cost of the ppi has been concealed in the loan/mortgage advanced to you.

If, upon perusing your loan/mortgage documents, you find that the details of the ppi are not set out therein, then you have a right to bring a claim for restitution against the creditor for reason of concealment, and your claim is not statute barred, because s.32 of the Limitation Act 1980 provides:

Limitation Act 1980 Section 32
32 Postponement of limitation period in case of fraud, concealment or mistake.
(1)Subject to subsection (3) subsections (3) and (4A) below, where in the case of any action for which a period of limitation is prescribed by this Act, either—
(a)the action is based upon the fraud of the defendant; or
(b)any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or
(c)the action is for relief from the consequences of a mistake;
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

If the ppi has been concealed by the creditor in the loan advanced, this amounts to a breach of duty and concealment of that breach, s.32(2) of the 1980 Act provides:

"For the purpose of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty".

Also, s.32(1) of the 1980 Act provides:

"References in this subsection to the defendant include references to the defendant's agent and to any person through whom the defendant claims and his agent".

So if the creditor’s agent sold the ppi, the creditor is liable.

The creditor/mortgage provider will have paid the full amount of the cost of the ppi either to his agent or directly to the insurance company, and then concealed that payment in the loan/mortgage etc.

You should have a Certificate of insurance for the ppi, this document sets out the details of the cover, i.e. Accident, Sickness, Unemployment and/or Life and Income Protection Insurance, it also sets out the maximum benefit period and the sum amount of cover etc.

The Certificate will detail who effected the policy (ppi), who the underwriters are etc.

Pull out all of your documents relating to the loan agreement and methodically and meticulously check all your documents to see if the ppi was concealed in the loan advance.

If the above circumstances apply to you, then you are entitled to have the loan/mortgage etc. unwound so that you are put back in the position you would have been in before the concealment and breach of duty, in other words, you are entitled to repayment of all sums paid by you under the agreement, not just repayment of the ppi.

On the other hand, even if you did know there was ppi on the loan, you can rely upon the Figurasin case (above) for your claim, and you can also rely upon the Plevin case.

In my opinion, I don’t agree with the label “mis-sold ppi”, I am of the opinion in my mind that the creditors and their agents deliberately and dishonestly sold these insurance policies in the knowledge that they were wholly insufficient and worthless to their customers in relation to the amount being borrowed and the length of the loan agreement.

The creditors and their agents unjustly enriched themselves by their wrongful selling of these insurance policies.

Kind regards

The Mould