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  • FIRST POST
    • Lincsdebt
    • By Lincsdebt 3rd Aug 18, 4:15 PM
    • 97Posts
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    Lincsdebt
    PPI claim after Plevin payout
    • #1
    • 3rd Aug 18, 4:15 PM
    PPI claim after Plevin payout 3rd Aug 18 at 4:15 PM
    I received a letter from HSBC regarding a Plevin claim on a John Lewis Partnership card I used to have. The letter said a former PPI claim (through a claims company) had been turned down, something I didn't know.
    I subsequently received a payout from the Plevin claim and am wondering if I can make another PPI claim? I had a John Lewis card for years and years (from 1970s) and have no recollection of ever signing up for PPI on it. Had the claims company bothered to tell me it had been turned down, I would've asked them to contest this.
    Any advice gratefully received, thank you!
Page 1
    • dunstonh
    • By dunstonh 3rd Aug 18, 4:47 PM
    • 96,097 Posts
    • 63,906 Thanks
    dunstonh
    • #2
    • 3rd Aug 18, 4:47 PM
    • #2
    • 3rd Aug 18, 4:47 PM
    I subsequently received a payout from the Plevin claim and am wondering if I can make another PPI claim?
    You can appeal the decision to the FOS as long as you do so within 6 months of the original rejection. If it is longer than 6 months ago then its over for you.

    You cannot keep making complaints as they will just refer you back to the original decision.
    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.
    • Lincsdebt
    • By Lincsdebt 7th Aug 18, 10:42 AM
    • 97 Posts
    • 74 Thanks
    Lincsdebt
    • #3
    • 7th Aug 18, 10:42 AM
    • #3
    • 7th Aug 18, 10:42 AM
    Thank you, I'll forget it then as it is probably more than two years. I was made to claim as I was in an IVA till 2016, they made plenty out of the claims they did get. I was just surprised to find they hadn't told me about this one being unsuccessful.
    • Moneyineptitude
    • By Moneyineptitude 7th Aug 18, 11:39 AM
    • 22,648 Posts
    • 12,184 Thanks
    Moneyineptitude
    • #4
    • 7th Aug 18, 11:39 AM
    • #4
    • 7th Aug 18, 11:39 AM
    I was made to claim as I was in an IVA
    Originally posted by Lincsdebt
    If that is the case, you should clear it with your IVA provider that you can keep the Plevin refund you have received otherwise you could end up with a bill!
    • dunstonh
    • By dunstonh 8th Aug 18, 12:10 PM
    • 96,097 Posts
    • 63,906 Thanks
    dunstonh
    • #5
    • 8th Aug 18, 12:10 PM
    • #5
    • 8th Aug 18, 12:10 PM
    For PPI complaints, the court case of Plevin v Paragon Personal Finance may be relevant. In this case - often just called Plevin - the Supreme Court said that, in some circumstances, an undisclosed commission on PPI could result in an unfair relationship between the lender and consumer under the Consumer Credit Act 1974. In August 2017 the Financial Conduct Authority (FCA) published more rules and guidance about PPI complaints - some of which relate to the issues raised in Plevin. The FCA has said that if this commission made up over half of the cost of the PPI, and this wasn!!!8217;t made clear, then the lender should give some of this money back to their customer. We take FCA rules and guidance into account when deciding what!!!8217;s fair in individual complaints.
    Plevin may be relevant. However, it may not be. The OP says they used to have it.

    The CCA 1974 is the overall act but it was the amendments made to S140a in 2006 (effective 2008) that the Plevin outcome was reliant on. hence why debts repaid prior to 2008 do not qualify for Plevin. It is also why some mortgages don't qualify for Plevin (as mortgages were not always under the CCA but under MCOB).
    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.
    • Lincsdebt
    • By Lincsdebt 8th Aug 18, 2:38 PM
    • 97 Posts
    • 74 Thanks
    Lincsdebt
    • #6
    • 8th Aug 18, 2:38 PM
    • #6
    • 8th Aug 18, 2:38 PM
    If that is the case, you should clear it with your IVA provider that you can keep the Plevin refund you have received otherwise you could end up with a bill!
    Originally posted by Moneyineptitude
    The payout was only a couple of hundred quid. The IVA was fully completed two years ago and I have a completion certificate. They received over 140k over six years against a debt of around 100k. If they want some more, let them ask me (politely)!
    • Nasqueron
    • By Nasqueron 8th Aug 18, 2:50 PM
    • 6,204 Posts
    • 3,783 Thanks
    Nasqueron
    • #7
    • 8th Aug 18, 2:50 PM
    • #7
    • 8th Aug 18, 2:50 PM
    The payout was only a couple of hundred quid. The IVA was fully completed two years ago and I have a completion certificate. They received over 140k over six years against a debt of around 100k. If they want some more, let them ask me (politely)!
    Originally posted by Lincsdebt
    You should still double check with them as it's better to have in writing any money is yours and doesn't belong to them, regardless of how much interest you paid
    • dunstonh
    • By dunstonh 8th Aug 18, 2:51 PM
    • 96,097 Posts
    • 63,906 Thanks
    dunstonh
    • #8
    • 8th Aug 18, 2:51 PM
    • #8
    • 8th Aug 18, 2:51 PM
    The payout was only a couple of hundred quid. The IVA was fully completed two years ago and I have a completion certificate. They received over 140k over six years against a debt of around 100k. If they want some more, let them ask me (politely)!
    Originally posted by Lincsdebt
    You ought to let the administrator know you have received it. There was a case where someone received a custodial sentence for failing to notify and trying to hide it from the official receiver a few years back.

    This doesnt mean you will have to give anything back to them. You may have but there have also been cases posted here with they didn't want any money and were happy to keep it closed.
    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.
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