WHO IS ELIGIBLE?
We can look to help you if:
You had PPI on an account which was taken out post-April 2007 (or prior to 2007 but continued into April 2008), which you have not yet successfully claimed back.
You have had a PPI claim rejected even though there was PPI on the account.
Your agreement has come to an end in the past five and a half years or is continuing.
You only received a tipping point offer or a partial settlement.
OUR LEGAL PARTNER CAN CARRY OUT A FREE PPI CHECK FOR YOU IF YOU ARE NOT SURE IF YOU HAVE ANY PPI OR IF YOU DO NOT HAVE ANY EVIDENCE OF IT .
UNFAIR CREDIT AGREEMENT CUT-OFF DATE
When the Consumer Credit Act 1974 was amended in 2007, a cut-off date was imposed by Parliament before which unfair relationship claims cannot be grounded. This effectively means:
Any credit agreement sold with PPI after 6 April 2007 is a good claim for us.
Any loans, credit cards or other financial credit products sold with PPI prior to 6 April 2007 are worth investigating providing the loan, or ability to use the credit card or other credit facility continued beyond 2008.
HOW MUCH WILL IT COST ME?
We do not charge any fees to you for our service. Your file will be referred to our legal partner who will carry out a subject access request to your lender(s) with the signed form of authority. Should this show that there is an actionable PPI Policy for a Plevin Claim we will receive a fee from the legal partner for referring your case (at no extra cost to you).
If you do have PPI and are happy to instruct our legal partner, they will provide you with their terms of business documents. They will not charge you more than 40% plus VAT, therefore, the minimum you will receive will be 52% of any compensation received. A fee could be payable for any claim(s) cancelled after the 14-day cooling-off period. There is no charge if your claim is unsuccessful. All fees will be detailed in the legal pack provided by Paget Brown.
WHAT WILL THE LEGAL TEAM DO?
Our appointed legal team, upon receipt of your documentation, will look to include you within the group claim against the lender in question, if you have an actionable PPI Policy.
It was established by the Supreme Court in the Plevin case that the non-disclosure of commission can render a creditor/debtor relationship unfair for the purposes of section 140A Consumer Credit Act 1974 where there is a sufficiently extreme inequality of knowledge and understanding between a creditor and a non-commercial debtor.
The section 140B remedies confer a wide statutory discretion on the Court to re-open and vary the terms of an unfair relationship, including requiring the creditor to repay in whole or in part any sum paid by the debtor by virtue of the credit agreement.
Given that no PPI commissions appear to have been disclosed by any vendor, then any legal arguments are likely to focus on the extent of compensation payable rather than on issues of liability.
The Court, in the Doran case in 2018, awarded the return of the entirety of commission plus interest and costs. Subsequent Court judgments confirm the possibility of an award of the repayment of the entirety of the premium plus interest and costs.