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    • daylad
    • By daylad 12th Feb 18, 7:57 PM
    • 110Posts
    • 15Thanks
    daylad
    Advice please
    • #1
    • 12th Feb 18, 7:57 PM
    Advice please 12th Feb 18 at 7:57 PM
    I tried unsuccessfully to reclaim PPI on an old egg card that got transferred over to barclaycard. I used a management company but after I was unsuccessful I forgot about it until I read about the Plevin case and I claimed again but myself this time using a template letter on here I was successful and got awarded 2k but barclaycard sent cheque to fast track and they are obviously taking 40% but I only used then for ppi not Plevin can I get them to send me cheque for full amount ?
Page 1
    • zx81
    • By zx81 12th Feb 18, 8:01 PM
    • 16,460 Posts
    • 17,510 Thanks
    zx81
    • #2
    • 12th Feb 18, 8:01 PM
    • #2
    • 12th Feb 18, 8:01 PM
    I only used then for ppi not Plevin
    Originally posted by daylad
    Plevin only relates to PPI, nothing else.
    • daylad
    • By daylad 12th Feb 18, 8:04 PM
    • 110 Posts
    • 15 Thanks
    daylad
    • #3
    • 12th Feb 18, 8:04 PM
    • #3
    • 12th Feb 18, 8:04 PM
    Reclaiming PPI was because it was mis sold Plevin is commission on the ppi
    • dunstonh
    • By dunstonh 12th Feb 18, 8:09 PM
    • 92,221 Posts
    • 59,391 Thanks
    dunstonh
    • #4
    • 12th Feb 18, 8:09 PM
    • #4
    • 12th Feb 18, 8:09 PM
    The claims company should not be deducting anything from your money in respect of Plevin unless it was part of a continuous process.

    examples:
    1 - if you complained, were rejected and immediately received a plevin payment then the CMC should be paid.
    2 - if you complained, were rejected but the CMC said to hold on as a new option called Plevin was coming and you may get something on that, then the CMC should be paid.
    3 - If you complained and were rejected and that was the end of it and the CMC took no further action, then they should not be paid.
    4 - If you complained and were rejected and that was the end of it but more than 6 months later the CMC contacted you about plevin and you entered into a new contract with them, then they should be paid.

    If the CMC take a cut then you should complain to the CMC and if they still refuse you should refer your complaint to the Legal Ombudsman. Feel free to mention section 3 on the link below.

    https://www.gov.uk/government/publications/claims-management-companies-plevin-guidance/plevin-guidance-for-claims-management-companies

    Look at section 3. If they failed to obtain new instructions then they are acting incorrectly. Back in 2014, the Ministry of Justice warned CMCs that taken money against future payments could be considered fraud.
    Last edited by dunstonh; 12-02-2018 at 8:13 PM.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • sun73
    • By sun73 12th Feb 18, 8:20 PM
    • 403 Posts
    • 128 Thanks
    sun73
    • #5
    • 12th Feb 18, 8:20 PM
    • #5
    • 12th Feb 18, 8:20 PM
    Have they upheld your complaint just on the Plevin aspect because FOS informed me that PPI and Plevin (commission only) complaints are mutually exclusive?

    They said if your PPI complaint was rejected and you later submit a Plevin only complaint, then it is a separate issue.

    It sounds like you might not have to pay the CMC, unless there is something in the contract you signed, because they only complained on your behalf about the PPI not Plevin. Read the small print.

    Perhaps some of the experts on here can provide more clarity, I'm only repeating what FOS said when I asked the question about this subject.
    • daylad
    • By daylad 12th Feb 18, 8:48 PM
    • 110 Posts
    • 15 Thanks
    daylad
    • #6
    • 12th Feb 18, 8:48 PM
    • #6
    • 12th Feb 18, 8:48 PM
    Thank you all I'll get onto them again in morning
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