The following FAQs provide more information about Plevin, The Claims Guys and our Legal Partner, The Claims Guys Legal (TCG Legal).
We have answered the most frequently asked questions about Plevin below:
Plevin PPI FAQs
What is Plevin?
In 2006, Mrs Plevin was sold a PPI policy to cover her secured Loan from Paragon Personal Finance Ltd. She took a Claim to the Supreme Court in November 2014, alleging that the contract and her relationship with Paragon was unfair due to:
- Non-disclosure of the commission
- The percentage of the PPI premium that was commission
The Supreme Court ruled that failure by the Lender to disclose to Mrs Plevin the large commissions payable out of her PPI premiums created an unfair relationship between her and the Lender and redress was awarded to Mrs Plevin.
What does a 'large commission payment' mean?
Lenders were usually paid a commission by the insurance provider, following the sale of PPI. The commission was taken out of the PPI premiums paid by consumers. So whilst consumers may have thought the premiums were for their cover, some of it was actually commission paid to the Lenders for the sale of the PPI policy.
Often, the Lender was paid a high level of commission, typically more than half of what you have paid for your PPI policy, according to the Regulator, the average commission banks were paid for PPI policies was 67%i.
I have already made a PPI Claim can you help me with a Plevin PPI Claim?
If you have previously made a PPI Claim and your Lender offered you full redress, they were required to put you in the position you would have been in if the PPI had not been sold to you. This means the commission has already been refunded and you cannot claim again based on Plevin.
If your Lender defended your PPI Claim and you were not awarded Compensation, or if you have not previously made a PPI Claim we may be able to help you make a Plevin PPI Claim.
My Lender has already said my PPI policy was not mis-sold, can I claim based on Plevin?
If your PPI Claim was initially defended and you were not awarded Compensation, we can check with your Lender to find out if you are eligible to make a Plevin PPI Claim.
What is the difference between a Plevin PPI Claim and a mis-sold PPI Claim?
Whilst a Plevin PPI Claim is made in respect of the sale of a PPI policy, the basis of the Claim and claims process are different to a mis-sold PPI Claim.
Even if your PPI policy was not mis-sold, your Plevin PPI Claim could be successful!
Historically, when Lenders sold PPI they failed to disclose the commission they received, which was taken out of the PPI premiums paid by consumers. So whilst consumers may have thought the premiums were for their cover, some of it was actually commission paid to the Lenders for the sale of the PPI policies.
A Lender’s failure to disclose commission may have created an unfair relationship with the consumer. Following a Court ruling, commonly known as the Plevin ruling, if this applies to you, this money can be claimed back and that is where we and one of our Legal Partners can help.
Can I make a Plevin PPI Claim directly to my Lender?
As a Plevin PPI Claim is made in respect of the sale of a PPI policy, it is affected by the PPI deadline.
The Financial Conduct Authority set a deadline of 29 August 2019 for PPI Complaints. This means that generally, if you did not make a Complaint to your Lender on or before 29 August 2019, you can no longer raise a Claim about the sale of your PPI policy by complaining directly to your Lender or the Financial Ombudsman Service for free*.
Currently, the only way to make a Plevin PPI Claim is through a litigated claims process, which may involve the commencement of legal proceedings against your Lender.
You do not need to use a claims management company to complete a Plevin PPI Check and assess your eligibility for a Plevin PPI Claim. You are free to seek advice elsewhere and are able to proceed with your Claim through an alternate solicitor.
*There are some exceptions to this, more information about this can be found on the Financial Ombudsman Service website.
Who are The Claims Guys?
Based in Altrincham, Cheshire, The Claims Guys are one of the leading financial claims management companies in the country.
Established in 2009, we have spent over a decade helping our customers to claim Compensation that is rightfully theirs. So your Claim will be in experienced hands.
We are proud to be a leader in our industry and to have helped over 500,000i customers take back over £1.1bnii in compensation for mis-sold financial products.
- Calculated up to June 2020.
- Figure shown before any applicable Income Tax is deducted – calculated up to June 2020.
What work will The Claims Guys carry out on my behalf?
When you complete your details online we will ask you to sign Letters of Authority for The Claims Guys and for our Legal Partner, The Claims Guys Legal (TCG Legal).
Upon receipt of your enquiry we will conduct a review to check your eligibility for a Plevin PPI Claim and, where necessary, complete a Plevin PPI Check by making a Data Subject Access Request (DSAR) to your Lender. In some instances, we may require TCG Legal to assist with the Plevin PPI Check, using the Letters of Authority you sign.
Once a response is received from your Lender we will review all relevant information to assess whether you are eligible for a Plevin PPI Claim. If we identify a potential Plevin PPI Claim, we will send you a Legal Pack to complete in order to refer your Claim to TCG Legal. Once your Claim is referred to TCG Legal they will contact you in respect of their services.
Where required, we will provide ongoing administrative support to TCG Legal to help with your Plevin PPI Claim.
What Fee will The Claims Guys charge me for the Plevin PPI Check?
We do not charge any Fees for the Plevin PPI Check and Plevin PPI Claim eligibility assessment.
If your Claim with TCG Legal is successful, then you will be required to pay their Fee. More information about TCG Legal’s Fee can be found in the TCG Legal FAQ below.
We receive payments from TCG Legal for the work we have undertaken on every successful Claim. This is not a cost that you pay and will be paid directly to us by TCG Legal.
Who are TCG Legal?
TCG Legal are a firm of solicitors who are experienced in investigating, negotiating and settling litigated financial Claims against Lenders.
The main focus of TCG Legal is Plevin PPI Claims and, as such, they are familiar with all the issues that surround challenging the Lenders for their failure to disclose high level commissions they earned from the sale of your PPI policy.
The team at TCG Legal will support you through the litigated Claims process, endeavouring to ensure that you are not only remedied for your Plevin PPI Claim, but are kept informed throughout the process and given clear, jargon-free advice on your options.
What work will TCG Legal carry out on my behalf?
When you provide your details online you will be asked to sign Letters of Authority for The Claims Guys and TCG Legal. Where required, TCG Legal will support The Claims Guys in completing your Plevin PPI Check by submitting a Data Subject Access Request (DSAR) to your Lender.
If a potential Plevin PPI Claim is identified and you agree for your Claim to be referred to TCG Legal they will review your Claim details, and documentation from your Lender to undertake a further assessment of the merits of your Claim.
They will then prepare and submit a Letter of Claim to your Lender, who will have a fixed time to respond.
It is not uncommon for your Lender to initially defend your Claim. If this happens, TCG Legal may submit your Claim to Court. TCG Legal will keep you updated throughout this process.
TCG Legal will negotiate with your Lender on your behalf throughout your Claim in an attempt to obtain Compensation. They will let you know if your Lender makes an offer of Compensation and provide advice on whether any offer is fair.
Your Claim may be settled without you having to appear in Court. But, if your case does go to Court, TCG Legal will support you through the process and will arrange for you to be represented at any hearing.
What Fee will TCG Legal charge me for my Plevin PPI Claim?
Once Your Plevin PPI Claim has been passed to TCG Legal, they will charge a Fee for any successful Plevin PPI Claim of up to 40% plus VAT of any settlement refund offered by your Lender.
There may be additional costs associated with your Claim. All Fees and costs will be outlined in the Legal Pack.
How long will my Plevin PPI Claim take?
Though all Claims follow the same process, TCG Legal cannot guarantee a timescale for completion as there are variables involved, such as the complexity of the Claim or time taken for a Lender or the Court to progress a Claim.
TCG Legal will always aim to resolve all Claims as quickly as possible, on average this takes 6 to 12 months, however, at times cases can take longer than this.
How likely is my Plevin PPI Claim to be successful?
Whilst there have been many successful litigated Plevin PPI Claims, TCG Legal is unable to guarantee the success of your Claim.
TCG Legal will make every effort to ensure that you receive any Compensation due for your Plevin PPI Claim however there is the chance that your Claim could proceed to a Court hearing and not achieve the outcome you, or they, hope for.
Will I have to go to Court?
TCG Legal have experienced success in settling Plevin PPI Claim without any requirement to go to Court. However, there is the chance that your Claim will require a Court hearing.
If your case does go to Court, TCG Legal will be on hand to support and guide you through the process and will make sure you always know what to expect.
What documents will I sign with TCG Legal?
When you provide your details online you will be asked to sign a Letter of Authority for TCG Legal. This will allow TCG Legal to support The Claims Guys in completing your Plevin PPI Check.
If a potential Plevin PPI Claim is identified you will be asked to read and sign TCG Legal’s Instruction document, the Agreement to Proceed, for each Claim identified prior to TCG Legal commencing work on your Plevin PPI Claim.