The following FAQs provide more information about Plevin, The Claims Guys and our Legal Partner, 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 would have come 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(s) paid to the Lenders for the sale of the PPI policy(ies).
Often, the Lender was paid a high level of commission, typically more than half of what you have paid for your PPI policy. A commission of over 50% of the PPI premiums paid by a consumer is considered a large commission payment.
I have already received my PPI refund, can I claim based on Plevin?
If you have previously claimed on your PPI 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 you have received an offer of Compensation from your Lender that does not amount to a full refund of the PPI Premiums you have paid, you may be able to 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 rejected, 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(ies) was not mis-sold, your Plevin PPI Claim(s) 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 TCG Legal can help.
Can I make a Plevin PPI Claim(s) 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(s) about the sale of your PPI policy(ies) by complaining directly to your Lender or the Financial Ombudsman Service for free*.
Currently, the only way to make a Plevin PPI Claim(s) is through a litigated Claims process, which may involve the commencement of legal proceedings against your Lender(s).
You do not need to use a claims management company to complete a PPI Check(s) and assess your eligibility for a Plevin PPI Claim(s). You are free to seek advice elsewhere and are able to proceed with your Claim(s) 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(s) will be in experienced hands.
We are proud to be a leader in our industry and to have helped over 450,000i customers take back over £950mii in compensation for mis-sold financial products.
- Calculated up to September 2019
- Figure shown before any applicable Income Tax is deducted – calculated up to September 2019.
What work will The Claims Guys carry out on my behalf?
We will complete a PPI Check(s) to identify if you have had a PPI policy(ies) with the Lender(s) you request by submitting a Subject Access Request. Once we receive a response from your Lender(s) we will review all relevant information to assess whether you are eligible for a Plevin PPI Claim(s). If we identify a potential Plevin PPI Claim(s), we will seek your instruction to refer your Claim(s) to our Legal Partner, TCG Legal.
Once your Claim(s) is referred to TCG Legal, we will take no further action on your behalf.
What fees will The Claims Guys charge me for the PPI Check(s)?
We do not charge any fees for the PPI Check and Plevin PPI Claim eligibility assessment.
If your Claim(s) with TCG Legal is successful, then you will be required to pay their fee(s). More information about TCG Legal’s fees 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 Claims against Lenders.
Presently, the main focus of TCG Legal is undisclosed commissions (Plevin) 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(ies).
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?
Upon receipt of your Claim(s) information, TCG Legal will review your Claim(s) details, and documentation from your Lender(s) to undertake a further assessment of the merits of your Claim(s).
They will then prepare and submit a Letter(s) of Claim to your Lender(s), who will have a fixed time to respond, usually 28 days.
It is not uncommon for your Lender(s) to initially defend your Claim(s). If this happens, TCG Legal may submit your Claim(s) to Court. TCG Legal will keep you updated throughout this process.
TCG Legal will negotiate with your Lender(s) on your behalf throughout your Claim(s) in an attempt to obtain Compensation. They will let you know if your Lender(s) makes an offer(s) of Compensation and provide advice on whether any offer is fair.
Most Claim(s) will 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 fees will TCG Legal charge me for my Plevin PPI Claim(s)?
If your Claim(s) is successful, you will need to pay TCG Legal a fee of:
- 20% plus VAT of any settlement refund for any Claim(s) settled prior to legal proceedings being issued against your Lender(s)
- 40% plus VAT of any settlement refund for any Claim(s) settled after legal proceedings have been issued against your Lender(s)
Other costs incurred by TCG Legal on your behalf, such as Court fees may also be deducted from your Compensation, if not recovered from your Lender.
Further information about TCG Legal’s fees, will be provided in your Agreement with TCG Legal, a copy of this Agreement can be found here.
How long will my Plevin PPI Claim(s) 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(s) or time taken for a Lender or the Court to progress a Claim(s). 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(s) to be successful?
Whilst there have been many successful litigated Plevin PPI Claims in recent years, undertaken both by TCG Legal and other solicitors, TCG Legal are unable to guarantee the success of your Claim(s).
TCG Legal will make every effort to ensure that you receive any Compensation due for your Plevin Claim(s) however there is the chance that your Claim(s) could proceed to a Court Hearing, and not achieve the outcome you, or they hope for.
What Agreement will I sign with TCG Legal?
You can view a copy of the Agreement you will need to sign, prior to TCG Legal commencing work on your Plevin Claim(s) here.
The Claims Guys FAQs
TCG Legal FAQs