In August 2017, the FCA launched a PPI advertising campaign, with an Arnold Schwarzenegger head telling you to make a decision about claiming PPI, because a deadline is being introduced in August 2019.
This campaign is resulting in more people making complaints. In April 2018 the FCA published its complaints data for the banks and other firms it regulates and these show that:
Complaints about PPI rose by 40% to 1.55 million, the highest level of complaints about PPI for more than four years.
In January 2018 firms paid out £415.8m in redress to customers who complained about payment protection insurance (PPI). This … takes the amount paid since January 2011 to £30bn.
You MUST complain before 29th August 2019
Two years may sound a long way off and you may be busy at the moment, but the FCA advert is spot on – don’t delay in getting your complaint in!
A lot of people will wait until 2019 and then there may be very long delays in complaint handling – so beat the rush.
The “old” reasons to complain
PPI may have been mis-sold even if you wanted it
You may have agreed to the PPI when you took out the loan or credit card, but it still may have been mis-sold if the details and exclusions weren’t explained to you properly. A few examples:
- most PPI policies had exclusion clauses for prior medical conditions – you should have been asked if you had any;
- PPI was sold to the self-employed or people who weren’t working who could never have claimed on it, or to people who had good sickness and redundancy pay provision from their employer who had no need of it;
- many policies attached to loans were single premium polices, where the charge was all up front, so you paid interest throughout the ten-year loan say, but it was often not explained that the insurance only covered the first five years;
- the salesman may have said incorrectly you could only get the loan if you took the PPI, or that the interest rate would be higher if you didn’t.
There is a full check-list of potential mis-selling reasons in the MSE Guide. These policies were extremely profitable for the lenders because their cost was high and claims on the insurance were often unsuccessful. Because of this, salesmen who knew little or nothing about insurance were often incentivised to push the policies without making proper checks that they were suitable.
You may have had PPI and not realised it
PPI wasn’t only sold with credit cards and loans by banks. You could have had PPI with a mortgage or secured loan, with finance plans for buying a car or furniture, catalogues or store cards.
Before 2007 it was common for the “Yes I agree to PPI” box to be ticked by default if you applied for, say, a credit card on-line. Or if you were applying in shop for a store card or for finance on a sofa, the sales assistant was often told to routinely tick the PPI box.
PPI also went under a wide variety of names, such as “income protection” , “loan care”, “ASU cover(Accident, Sickness and Unemployment)”.
The end result is that if you have borrowed money in the past it is very possible that you were being charged for PPI that you didn’t realise you had.
This was most common with loans, where you just make the same payment and so don’t get a breakdown each month of the amount, but I’ve seen plenty of clients at CAB who were surprised when I pointed to the line on their credit card statement that showed the PPI amount.
You can claim PPI mis-selling even if the account is closed or in default
You may have paid off the loan, canceled the PPI on a credit card when you realised you were being charged it or closed the account. If you have had financial difficulties, you may have a payment arrangement. The account may have been defaulted or sold on to a debt collection agency.
None of these make a difference – if you were mis-sold the PPI (see above) then you can still go to the original lender and claim it back.
The lender may not exist any more, but you can still reclaim, either from a bank that bought a portfolio from the lender – for example Barclays bought Egg’s credit card business – or from the Financial Services Compensation Scheme if the lender has gone bust.
A new reason to complain “Plevin complaints” about “high undisclosed commission”
There is a new type of PPI complaint. Now you don’t always have to prove that the PPI was mis-sold, anyone that paid more than 50% commission will now be able to get refund of some of their PPI payments if the account with PPI was in operation after 2008.
These complaints are sometimes called “Plevin complaints” after a court case where Susan Plevin sued Paragon Finance Ltd when she found out that more that 70% of her PPI payments had gone in commission. In 2014, the Supreme Court agreed with her, saying
Any reasonable person in her position who was told that more than two thirds of the premium was going to intermediaries, would be bound to question whether the insurance represented value for money, and whether it was a sensible transaction to enter into. The fact that she was left in ignorance in my opinion made the relationship unfair.
The FCA has decided that if you paid over 50% commission, you can get a refund of the difference between what you paid and 50%.
I think this is a poor decision by the FCA as 50% commission is pretty outrageous. The limit should have set at something like 30%. But the decision has been made and the 50% level will still see many people getting significant refunds. See one of the comments below this article where a reader reported:
I have had a credit card PPI claim against MBNA rejected in March this year. Today I got my ‘Plevin’ letter and they are paying me around £9k as a result.
Who should make this new sort of complaint?
Of course, you don’t know what commission was paid… but as the typical amount was 67% it is very likely that you paid over 50%. When you put in a complaint, your lender will have to tell you what the amount was.
These Plevin / high undisclosed commission complaints can be made even if you have a had a previous PPI mis-selling complaint rejected. You can also complain even where you wanted the PPI and could have claimed on it, so there are no other reasons for mis-selling at all.
If you read the comments below this article, you will see that some people are getting good payouts from Plevin complaints. The Ombudsman’s annual review for 2017/18 says that they resolve 118,000 c=PPI complaints in the last year that were affected by the plevin decision.
You don’t have to say which sort of complaint you are making
This new type of complaint may seem confusing – how can you decide if you should make a “normal” PPI complaint or a “Plevin” complaint?
The good news is that you don’t have to decide this.
If you put in a normal PPI complaint (see below for how to do this – it’s easy!) and the lender rejects it, the lender then has to decide if you should get a “Plevin” refund, even if you didn’t mention this.
So you now have two chances of getting a PPI refund.
Complain again if you have already been rejected
If you have put in a complaint about PPI mis-selling and had it rejected you should now complain again, because you could be eligible for a Plevin payout.
This is very easy – just send a letter or an email saying something like:
A few years ago (give the date or year if you remember it) you rejected my complaint about PPI. I would like you to look again at my complaint.
Making a PPI complaint is now very simple
MSE has a great PPI complaint guide covering how to do this with template letters to use. You can do this even if you don’t have the paperwork about your loans/credit cards. And even if you don’t know the account number.
In the MSE Guide is a link to the Resolver system. This is a free system that makes complaining even easier as it takes you through the process saying what has to happen at each stage.
Don’t use a claims firm – they write the same standard letters that the MSE guide has. They don’t have any clever tricks or special words that mean a complaint through them is more likely to succeed or will get you a larger payout. The Financial Ombudsman’s statistics show that individuals complaining succeed just as often as those using a claims company.
But be careful of these cases
One thing you need to be careful of is that if you claim PPI back and there is still a balance owing, your refund may be used to reduce what you owe, not be paid to you. that’s still good news… but if you have used a claims firm you would still then owe the claims firm their large fee. So don’t ever use a claims firm for these cases!
If you have been bankrupt, you won’t get any refunds for PPI on credit taken out before you went bankrupt. This will all go to the official Receiver so it’s not worth bothering with.
If you have been in an IVA it is very likely that the PPI money will be paid to your IVA firm, even if your IVA completed several years ago.
This article is kept updated with the latest PPI news.
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Kerry Smith says
I have been told by MBNA who I have a claim with for miss sold PPI that they wrote to me in 2013 apparently telling I may have been miss sold PPI. Obviously had I received such a letter I would have acted, who wouldn’t! However they are saying because I didn’t reply I am now time barred from claiming. I have asked for a copy of the letter but is there anything else I can do? I feel it’s an easy cop out for them oh yes we sent you a letter so now we can keep all the money we owe you. The clerk I spoke to said the claim would have otherwise been successful
Sara (Debt Camel) says
You could ask on MSE’s excellent PPI reclaiming forum: http://forums.moneysavingexpert.com/forumdisplay.php?f=169. If you don’t feel you have been fairly treated you can send your case to the Financial Ombudsman.
PDC says
Hi I am dubious about making a claim for a number of cards/loans that I did not settle. They are past the 6 year mark so I know they can’t legally chase me for them, one is 19 years ago! My question is, if I was mis-sold PPI and I could get a refund could they still use that refund to offset the outstanding debt from that long ago? What is the time period where the debt becomes written off?
PDC
Sara (Debt Camel) says
The debt is never written off. If you succeed in a PPI claim it is possible (but not certain) that the money will be used to offset the old debt.
You may decide it’s worth making the claim – but don’t use a claims firm, otherwise you could end up with no money and still have to pay the Claims firm their fees.
Nick says
Hi,
I have had a credit card PPI claim against MBNA rejected in March this year. Today I got my ‘Plevin’ letter and they are paying me around £9k as a result.
I would like to take the origninal ‘rejected’ claim to the obudsman. I imagine, if I cash the ‘Plevin’ cheque and then, sometime down the line the ombudsman finds in my favour, all MBNA will do is subtract the Plevin amount from the payment the ombudsman instructs them to make? Is it that simple?
Additionally, I would appreciate any steer on whether I have likely grounds for appeal anyway.
I took the card out by filling in a postal form in 1996. I still have the same account open, but it has had zero balance for the last few years and the PPI was obviously cancelled when I put in the claim earleir this year, so they should have ALL my records. When I put my PPI claim in MBNA contacted me to ask additional questions about what sick pay i would have receieved, whether i had savings, insurance, access to funds via relatives etc back then. They then rejected the claim on the basis that had I needed PPI it would have been of some use. However, they did not ask those same questions when I applied for the card/PPI, so surely it was mis-sold by virtue of the fact they sold me the ‘cover’ without bothering to establish at that time if it would have been of use?
Any advice gratefully received – many thanks!
Sara (Debt Camel) says
“Today I got my ‘Plevin’ letter and they are paying me around £9k as a result.” wow!
“if I cash the ‘Plevin’ cheque and then, sometime down the line the ombudsman finds in my favour, all MBNA will do is subtract the Plevin amount from the payment the ombudsman instructs them to make? Is it that simple?” I haven’t seen anyone go through this process yet. What exactly does the letter you got today say? Does it say it is in full and final settlement of any claims about PPI?
Also when did MBNA reject your complaint, because there may have been a 6 month window to go to the Ombudsman which you may now be outside of…
Nick says
MBNA rejected me in March, but said then that they would write to me again with the Plevin result and that would be the point from which I had 6 months to claim.
I got that Plevin letter today and it says clearly ”our original decision about PPI mis-sale stays the same” and “This is our final response to your complaint” with the usual caveat about ‘unless you have any new information’ for them to consider (I don’t).
It also states clearly about me having 6 months from the date of the letter (25/09/17) to refer the case to the ombudsman.
I am keen to do so and know I should send them a £10 PO for a Subject Access Request, but am a bit lost after that as how best to proceed and whether I actually have a case that I could win. I don’t care how long the ombudsman process takes, but it would be nice to enter into it with some idea about my chances.
To my mind MBNA mis-sold me PPI because they only discovered it ‘may have been of use’ 21 years after they sold it to me, when they asked me a series of questions related to my claim. If they had asked those questions at the time of selling me the policy, they wouldn’t have needed to ask them this year when they were trying to make a judgement. Or am I being naïve?
Once again, thanks, it is good to have somewhere that gives ‘plain’ advice!
Sara (Debt Camel) says
I am afraid you are pioneering here… I think you should email the Ombudsman ppi@financial-ombudsman.org.uk and ask them if you can cash your Plevin cheque AND still complain about the rest of the case. I would be interested to know what the Ombudsman says.
“To my mind MBNA mis-sold me PPI because they only discovered it ‘may have been of use’ 21 years after they sold it to me, when they asked me a series of questions related to my claim. If they had asked those questions at the time of selling me the policy, they wouldn’t have needed to ask them this year when they were trying to make a judgement. Or am I being naïve?” I wouldn’t say naive, but possibly too optimistic…
Have you looked at MSE’s mis-selling checklist? https://www.moneysavingexpert.com/reclaim/ppi-loan-insurance#checklist
Nick says
Thank you. I will certainly email the ombudsman and ask and will let you know! I guess the reply from them may take some time.
My letter categorically does not state anywhere that I should advise them of my intention to refer the case before they send me the cheque. Nor do they state I cannot cash the cheque AND later refer to the ombudsman, which, surely they would be under legal obligation to do if that were the case?
I would be happy to send you a copy (photo) of the letter (with all identifying details removed!). It is SPECTACULAR. For a letter, the primary purpose of which is to advise you of a payment they are making to you, nowhere does it actually state this. You’re left to work that out for yourself, so my £9,045 figure may be wrong, it’s hard to tell!
They have clearly spent some time designing a piece of communication to cause maximum confusion by obfuscation and intentional poor presentation, yet still (I imagine) comply with the regulations governing such a letter. Their legal team must have worked hours on the final format. They clearly detest having to issue these letters and have designed one of the worst pieces of communication I have seen in a while.
Once again, many thanks and let me know if you’d like that photo.
Helen says
Hi, I had an Egg card back in the early days (opened July 1995) which was transferred to Barclays when they bought part of that business. The card absolutely did have PPI on it, and I am sure that its not something I selected (I applied online). However I did use it when I was made redundant in 2004 (although I didn’t have to thanks to a generous redundancy package, but given I felt I’d paid through the nose for it I used it for a grand total of 1 payment!). This card is still in use (it is now a barclaycard), although I removed PPI from it some years ago when I became aware that I could.
I have 2 questions:
1. I have been knocked back by barclaycard, they sent a “screenshot” of my application that was clearly not as screenshot! Can I start from scratch again with them having now ploughed through the reams of info I got from a SAR
2. Does the Plevin rule apply here as the account is so old (even though its still in use, I’m fairly sure that I turned off the PPI around 2005 but will double check the info I have)
Many thanks
Helen
Sara (Debt Camel) says
Plevin only applies if the account was open after 2008, sorry.
If you think the SAR information you got disproves what Barclaycard said, I suggest starting a new application. the MSE PPI forums are very good and are a better place to ask these questions!
Helen says
Thanks for the quick reply – Found the blurb on Plevin ambiguous so wasn’t sure!
Worth noting it was opened in Nov 2000 not as stated above!! My bad.
Helen says
Hi Sara,
I have put in a couple of PPI claims and payday loan claims and will be putting whatever I get towards clearing debt. I was hoping to get lump sums so I could offer full and final settlements for my 4 unpaid defaults. (I am making small payments toward these monthly but they have still got large amounts outstanding.)
I had a letter from Shop Direct yesterday saying they have upheld my claim and that I am owed £1,389 for PPI, interest, charges and simple interest.
They also wrote that they have given this to Lowell who manages the debt I had from this account. The account defaulted at £1,754. The small payments I had made towards it has brought the balance down to £1,613 so I now still owe them £224.
I have another debt with Lowell swell at £351 and I feel like if they had given me the money, then I might have been able to clear both of these.
However, fair enough though. It’s their money.
What I am thinking now is;
1. Is there a point in phoning Lowell now and ask them if they accept this as full and final settlement for both loans?
2. Have I got a case in arguing that the default was unfair, and that it was the PPI and charges that made it unaffordable and subsequently making me default?
Sara (Debt Camel) says
Well done for the PPI reclaim!
It’s annoying that you didn’t get the cash, but this is what normally happens. At least with this debt gone, you can use other refunds to clear more of your other debts.
1. probably not. If you want to try, ask Lowell if they will accept this as final settlement for the Shop Direct account, but I doubt it’s worth mentioning the other one.
2. no. If the PPI claim had been a lot more than the defaulted amount, perhaps, but I have never seen anyone succeed with this. But as the PPI award was less then the defaulted amount, I don’t think this is worth trying.
Lorr says
Hi, I applied for a credit card with the nationwide online in 2005, I tried to claim ppi back a few years ago however they said that as I had applied online I had accepted the PPI myself though I honestly cant remember ticking any boxes. At the time I was on medication for depression so never complained to the Ombudsman, is it worthwhile asking them to re look at the complaint?
Sara (Debt Camel) says
Yes it is – even if they still reject your mis-selling complaint you may be eligible for a partial refund (called a “Plevin” refund).
Nick says
I had a letter from rbos with regards to my mint credit card. I had it back in 1999 onwards and had a credit limit of 7500. I had ppi on it and cancelled it in 2004. I pretty much kept to my credit limit all the time. The rbos have informed me that I may be due back some money from high commission ppi? Any ideas of any ball park figures ?
Sara (Debt Camel) says
It’s as long as a piece of string – sorry it depends how much you used your card AND what the level of commission paid was. Because it was so long ago the statutory 8% simple interest added to the refund may well be large. Definitely worth claiming for if RBS are asking if you want to make a complaint.
Nick says
My balance remained pretty much at the limit of 7500 for much of the time… Took it out in 2004, ended 2009.
Rachel says
This is quite embarrassing really; how unaware I was when I was young!! A good few years ago I had a small £500 loan with Everyday loans and they added PPI to the loan. I was struggling to pay my bills and the rep asked me to go into branch so I could sort something out with my repayments.. she advised me to take a further loan of £2000 to consolidate some of my other debt together with my previous loan and again PPI was added.. Some months later I got into problems again due to me coming out of work unexpectedly and was struggling to keep up with the payments.. At this point a rep at EDL suggested I remove the PPI to bring down my monthly payments (I clearly didn’t understand what this PPI was back then!) .. About 2 years ago I sent an email to EDL loans attempting to claim the PPI back with my argument of what had happened – why something that was meant to be of help to me in my situation back then did not and instead was taken off… However I had a reply from them declining stating that I had signed the paperwork and therefore I agreed to the PPI being added to the loan.. Do you think this is worth pursuing again.. Any advice would be gratefully appreciated.
Sara (Debt Camel) says
Definitely.Even if your mis-selling complaint is rejected you may still get a “Plevin” payout because of high commission as the article above says.
Brittany says
Hello
I’ve just received a letter from RBS regarding a previous attempt of claiming PPI which had been rejected. This time they are saying that I may be eligible for a commission only (Plevin) compensation. But I have no idea what to say as to why I’m claiming again for something else on the same PPI complaint. Does anyone have any winning ideas? Any advice would be greatly appreciated.
Sara (Debt Camel) says
A simple “I would like you to reconsider my case” is probably enough. If you want to be more specific, “I would like you to reconsider my PPI complaint in the light of the FCA’s rules on high undisclosed commission.”
Janet says
Shop Direct have upheld my PPI complaint and are refunding PPI premiums totalling £377 plus interest and fees from 05/2006 to 05/2008. I have received their calculation and the 8% interest is £1.12 ? I have queried this with them to be told it’s due done by a calculator and they don’t pay the interest on the premiums. I thought that I would get 8% on the £377 but I must have misunderstood.
Sara (Debt Camel) says
This sounds very wrong – send your complaint to the ombudsman as they haven’t calculated this correctly. the 8% is 8% per year since you paid the PPI premiums so it will add up to a lot.
Janet says
Thank you Sara, I will ask the FOS to look at it.
ian boyle says
By law they must give you 8% if they don’t write to them telling them to reconsider or you will escalate the matter to the next level
Maxine says
Put a claim in to mbna 4 weeks ago, I had previously applied for ppi with a claims mgt company and lost but got £700 back for charges so didn’t expect any luck as I also mentioned claim high commission (Plevin) , they sent me a letter last week saying it’s being looked at and today they have said it’s been upheld , they are not admitting the missale of it but after tax they are sending me a cheque for £3380 , they also said they brought the account of alliance and Leicester in 2004 and I had already had the account for 3’years with alliance and Leicester , they say they have informed them and I would also be getting a payment from santander for the first 3 years from 2001-2004 so not sure how much I will get from them , but so so happy, thanks to Sara and this website
vickie9 says
Hi all,
I’ve received a letter from M&S to say that they don’t find in my favour because I signed the box for PPI. They are right i did sign the box which I think was a postal application, but I signed any box that they asked of me just so I could get another credit card. At the time I wasn’t in a good place and just wanted to transfer balances on any new card that came along.
I took the card out in 2004, they have said they are willing to pay me £103.17 for the lender not disclosing commission. Is it best to just settle for this? They haven’t provided me with a statement so not sure whether to accept or to challenge it.
Sara (Debt Camel) says
HAve you looked at MSE’s checklist for whether PPI was mis-sold? See https://www.moneysavingexpert.com/reclaim/ppi-loan-insurance#checklist – it could still have been mis-sold even if you asked for it.
Sarah says
Hello please advise, I have made a complaint against House of Fraser store card which is now Santander. At first they said they had no record of me, then I wrote a letter stating I find that I find that hard to believe as I had finally paid the card off in 2012, and threatened the F.O. They replied with yes we know who you are, they also said I had PPI on the account. I wrote letter back saying I had no need of it as I had separate insurance for such an occasion. They have now replied saying I am not owed anything as I am out of time as when I set the card up in 1999? However, they kept increasing my card limit. Isn’t this the same as getting a new card? Each time they renewed my limit couldn’t they have asked if I wanted PPI?
Where do I stand and what do I do now?
Thank you Sara
Sara (Debt Camel) says
Well they could have asked you, but legally it’s not the same as giving you a new card, there is no change to your contract. The MoneySavingExpert PPI forum would be a good place to ask about this, but if in doubt, send your case to the Financial Ombudsman and they will make an independent decision.
Marua says
Hi recieved a letter from RBS saying that i may be eligible to claim for this and asked me to fill out the online form which i have…..my question is am i more likely to be successful if they have written to me first?
Sara (Debt Camel) says
Yes! They have run a computer trawl to find people who will very probably get a refund and you are one of them. Go for it!
Marua says
Ah brilliant thanks will let you know how i get on xx
Linda says
Hi Sarah I received a letter out of the blue from Lloyd’s on 25/10 telling me I could lodge a complaint on 2 x old Lloyd’s accounts under the higher rate of interest rule. I called and did just this and received a letter with a final response date of 4/1/18. The date came and went and no final response I called Lloyd’s and was told that was just an indicative date and they couldn’t give me a date (even though they were past 8 weeks). I called the FO and a member of staff there said I could refer it as it had gone past 8 weeks, to be honest he said it would be better to or the complaint could just run on. So I did and today I received a rather odd email from an adjudicator saying and I quote ‘It may be best to wait for Lloyds Bank Plc (Lloyds) to respond back to you regarding the commission element of your complaint. This is because if we set up a commission complaint and then contact Lloyds regarding this, they will inform us that they are already reviewing your complaint.’ totally confused as it’s not about Lloyd’s investigating it’s about the fact we’re now on week 10
Sara (Debt Camel) says
Hi Linda – you have been dealing with payday loan and other affordability complaints before, where my mantra is always go to the FOS at 8 weeks.
For PPI, and in particular high commission complaints, sometimes called Plevin complaints, I would be much more relaxed about waiting. The banks have a set calculation they have to go through. they don’t have discretion to rule out your complaint here – there either was high commission (in which case you get the set amount back) or there wasn’t. As they contacted you I would say it is HIGHLY likely you will get the refund and going through the FOS won’t speed this up.
I suggest you reply to your adjudicator “I am happy to wait longer, but will you then look at my complaint if Lloyds don’t uphold my complaint? Will I need to complain to you again, or just tell you I want this complaint looked at? And are there any timescales for this as I don’t want to be time barred by not complaining to you in time?”
Linda says
Ok Sarah thanks, yes I was going by the same affordability rules as my other complaints. I think I was just a bit miffed as I called up the FO beforehand explained everything and asked about the referral as I hadn’t received a response and was told as they’d gone past the 8 weeks to refer in order that the complaint didn’t run and run which goes against what the adjudicator says now a bit. But as you say as Lloyd’s have contacted me a complaint has been acknowledged. I still don’t think it’s professional that Lloyd’s set a date for response then simply ignore it when it passes, a simple letter from Lloyd’s stating it would take longer would have been ok but their attitude on the phone was really unhelpful which was part of the reason I dug my heels in. I’ll call the adjudicator Monday and say I’m happy to wait longer. And maybe call Lloyd’s every week or so. This came as a complete surprise last year when they wrote to me so it’s good news anyway. Thanks again Sarah
Kara says
I took out a Mint card in 2005 and PPI was included from the start date until I cancelled it 3 yrs later. I am writing to them to obtain a copy of the application as I think that either they added the PPI or maybe I spoke to them and ticked it as I was told it would increase my chances of being accepted ( this definitely happened with some lenders). I would not have opted for it otherwise as it wouldn’t have been of use to me. What info are they likely to send in response to me asking for a copy of my application, and is it likely that I can put a good case together without being sure of the exact circumstances?
Thanks.
Sara (Debt Camel) says
I don’t know what they will have retained from that long ago. I suggest you just put in a complaint now. Even if you don’t win the main complaint, it is likely you will get a “high commission” refund whatever the circumstances of your application.
Kara says
Great, thank you. What should I write where it asks about how the PPI was sold etc?
Nick says
Help!!!! I sent a sar request to Santander for a topshop card I had in 2000… The said I had ppi on 2 accounts.. I rang and put a complaint it… Santander are now saying that my complaint was investigated in 2012 and they refused not complaint … The state I rang in 2000 and requested ppi cover .. this is a total LIE!! I have never requested it in any product. The told me I was unable to have it investigated as i have missed the 6 month window… I do not recall ever receiving a response from them .. I am fuming !!!! What can I do next ??
Sara (Debt Camel) says
You should make a complaint and ask for a Plevin refund as the article above explains.
Dave G says
Hello Sara
My partner had a loan with firstplus financial in 2007 with ppi, She has no proof of agreement numbers whatsoever , but in 2007 my partner and me had a joint loan to which we cleared the loan straight from the the new loan gemoney , so the only proof we have is on my credit expert it as me as (asssocited) with her name and firstplus financial named on there dated July 2007, firstplus say this is not proof that she ever had a loan with them and she is not on their system so will not be looking into the ppi claim, how can I find out the agreement number , what can I do now ???
Sara (Debt Camel) says
She could send a Subject Access Request to Firstplus, see https://ico.org.uk/your-data-matters/your-right-of-access/, this takes a month and it’s free. Lenders aren’t obliged to keep old data over 6 years after a loan was settled, so if they have deleted it, then a SAR may not produce anything.
Has she tried to get old bank statement that would show payments to them?
Linda says
Hi Sarah I’ve put some payday loan complaints through and won using your advice now I thought I’d have a look into PPI. I’ve been contacted by Lloyd’s for an old account (still waiting for a response on that at week 10) but I can also remember having a monument card around 2003 which I think I was paying PPI on. Thing is I dont know who to complain to. I’ve drawn a blank with Barclays who I thought thought owned monument at the time, they say they can’t locate my account as I have the credit card number. Another option I took was to go through Resolver who recommends Raphaels Bank as the company to complain to but I’ve received no response as yet. Any ideas who I contact re: Monument? They have a PPI claim page but it says to quote a reference number from their correspondence which I haven’t got. There’s no section for an account number. Bit lost at this point can you help?
Linda says
Just to add. If they had sent any letters I wouldn’t have received them as moved house several times since having the card.
Sara (Debt Camel) says
If Resolver suggest you complain to Raphaels it’s probably best to wait for a reply from them.
Linda says
Ok thanks will let you know how I get on.
Shirley Ashby says
Hi
I am having a battle with Britannia Buiding Society (Co-Op) regarding an insurance policy taken out with mortgage in 2005 which run for 6 Years, they rejected my PPI complaint. I have since requested they look at my account re: Plevin and commission paid. I have original paperwork that states this is a telesales quote. Once again they have rejected my request, stating that the date the policy was taken is not in line with the Plevin ruling. Can you please advise if this is correct? Do I have a case to forward to Financial Ombudsman.
Thanks
Sara (Debt Camel) says
The Ombudsman describes the date rules for Plevin as follows:
“In general, you might be able to complain about commission if:
– you took out the credit the PPI was sold with (for example, a loan or credit card) on or after 6 April 2007;
– you took out the credit the PPI was sold with before 6 April 2007, and it was still running on or after 6 April 2008.” See http://www.financial-ombudsman.org.uk/ppi/can-i-complain-about-commission.html
From what you have said, you meet the second of those rules,so yes, I think you should send your case to the Ombudsman.
Doomed says
Mortgages have different dates as they were not always in-scope under the consumer credit act. If they fell under MCOB rather than CCA, then they are not in-scope of Plevin. A 2005 mortgage was under MCOB and plevin does not apply to that.
tracey says
Iam not very well and cannot deal with the ppi and plevin
I do know there are companys that do the paper work on my behalf,please whom would you recommend
thank you
Sara (Debt Camel) says
Try Resolver, it’s free. https://www.resolver.co.uk/rights-guide/ppi-reclaim
Kara says
Just spoken with Mint (RBS) with regards to my PPI complaint as the 8 weeks is up. I complained with very little info – couldn’t remember how I applied or how the PPI was sold, but said I don’t think it would have been of use to me and that I either didn’t initially know I had it or took it under duress. I took it out in July 2005 and cancelled it in June 2008 during which time I paid £125. Apparently they are offering a full refund plus interest totalling £1600. Thanks for encouraging me to go for this one, Sara – I nearly didn’t as the details were so scant!
Nick says
Hi just some advice from someone going through the Ombudsman system.
I posted some messages above regarding an MBNA PPI claim which they rejected, but then had to process for the ‘Plevin’ payments. My PPI claim against MBNA was rejected by them in April 2017, but I didn’t hear from them until September 2017 regarding the ‘Plevin’ payment they owed me. When the cheque for that came through they said I had six months to ask the Ombudsman to review the initial complaint.
I dragged my heels a bit and only forwarded the case to the Ombudsman in February, five months after MBNA’s September ‘Plevin’ letter, but clearly within the six months allowed. I was a bit surprised to receive a letter from the Ombudsman this week stating that I had breeched the six month limit and they couldn’t progress the case.
Happily a phone call sorted it out and they apologised, accepted that despite me enclosing all relevant correspondence, they had made an error and agreed that the case will now progress to the next stage. The moral of the story is to ensure you read all the conditions closely, include everything the ombudsman could possibly need to see and challenge anything if you think they’ve made an error.
Nick says
The adjudicator upheld my claim! I got a copy of the letter he sent MBNA explaining why. In brief I think the Financial Ombudsman has made a decision that the printed form which MBNA were using for credit card applications in 1996 (when i got my card) did not contain sufficient information for the applicant to make a fully informed decision about PPI. This bodes well for other people who, like me had their application for redress rejected by MBNA – it’s worth going to the Ombudsman.
MBNA pushed back and I the adjudicator called me to discuss their questions. They asked for more information on the sick pay I was entitled to in 1996 and any other sources of cash i would have been able to draw on. This seemed daft as I’d disclosed this on the original application. He was helpful, explaining the next steps and what they could and couldn’t do. They could either challenge and go for a the Ombudsman’s review, or pay up in full. He gave them two weeks to decide and said if they did ask for a review, then they’d need to provide ‘new information’ or his original decision was unlikley to be reversed.
contd…
Nick says
Contd…
Two days ago I got a letter saying they had agreed to pay the claim and I should allow them eight weeks to calculate the payment! If I haven’t heard from them by early August I can contact them to find out what is going on. I am aware of concerns with how they interpret the ‘rules’ in regard to reconstructing interest etc, so I intend to educate myself on how to appeal if I feel the amount they come back with is unrealistic.
I did this all through the Moneysaving Expert Resolver tool. It was simple and cost me NOTHING. You DON’T need to use a firm who’ll take a huge chunk of any compensation, you CAN do this yourself without being a finacial whizzkid or legal expert – I am patently neither!
If anyone has advice on how to best establish if a PPI refund on a credit card has been correctly calculated then I’d be very grateful for it :-)
Chris says
I had a plevin payout but Lloyds say I can’t claim PPI refund (whixh was my original complaint) I am outside the 3 years of when they made me “reasonably aware” that I may be eligible. However, at the time my credit card debt had been sold on and it wasn’t clear that I could claim on a debt that Lloyds no longer owned. I just thought they sent me a generic letter and leaflet. Do you think an adjudicator would uphold my ppi complaint on the basis I didn’t realise I could claim on a sold debt? Or is it not worth pursuing as the time bar has been exceeded by a few months?
Sara (Debt Camel) says
I doubt you will get anywhere with this.
Gary says
Hi looking advice.wrote to my bank about ppi…they came back saying had two loans with ppi but could not claim as I had payed them. And yes I did sign ppi form on one the other done over phone..and that they feel there staff done there job. right..I did tell them that I was not told about any ppi and basically to go away can I reclaim or should reclaim
Sara (Debt Camel) says
I think you should send the case to the Financial Ombudsman, see http://www.financial-ombudsman.org.uk/ppi/how-do-i-complain.html
IAin says
Does anyone know the conditions around employment sickness policy payment which would mean that PPI would have potentially been mis-sold? I’m dealing with MBNA and despite filling in my employment info I’ve received a letter today asking me to phone them to confirm details. I was in a good job with 6 months full sick pay and 6 months half pay and also had a civil service type pension that would have paid out ‘made-up’ if unable to work, both of which should contribute to PPI being unnecessary in my mind. At a later stage of my career, start date unknown how it aligns with a PPI policy, I had a work provided salary protection policy that provided 75% of my salary for 5 years then a lump sum of 2x annual salary if unfit to work, in addition to the pension made up. Any thoughts appreciated before I speak to them…..or maybe I shouldn’t speak to them as I’ve provided all this detail already and they might twist things? Cheers
Sara (Debt Camel) says
It is the cover you would have had at the start of the policy that matters because they are looking to see if it was mis-sold at the begining, not what you later had.
I think you sound well on top of things, but if you are worried about a phone call, just say you would prefer to correspond by email.
Iain says
Claim upheld ????
Letter received today;
Ppi premiums £651
Fees refunded £0
Associate interest £336
Applicable 8% gross interest** £1329
Less Uk witholding tax** -£265
No….”we will pay you £xxxx” total, so still not sure what I’ll get ????
Good result though. #justdoit
Sara (Debt Camel) says
Unless there is a balance remaining on this debt, I would expect you to get 651 + 336 + 1329 – 265 = £2,051.
NB if you are a basic rate taxpayer you can reclaim up to £200 of the tax deducted back from HMRC – this is across all claims for this tax year 2018-19. See https://debtcamel.co.uk/ppi-payday-refund-get-back-tax/
Iain says
Thanks Sara, really useful. I was just looking at the tax reclaim on a different post, I had a distant memory of an allowance (and as interest rates are so pants my meagre savings won’t be eating into it too much!). ????
Iain says
And tax claim put through via my gateway account as an interim.
Thanks again!
Wendy says
Hi Sara
I would like to check if I had ppi on an old black horse loan. I have no account numbers for it but I found an old bank statement with the direct debit from black horse with no agreement number beside it. The only catch is the bank account is closed now as it was northern bank now taken over by danske. The bank statement was dated 2005 and I think I took the loan out around that time for 3 years. What would you advise that I do? Thank you
Sara (Debt Camel) says
You could send a subject access request (SAR) to Danske – see https://debtcamel.co.uk/free-access-data-gdpr/ – but if Danske don’t have the information after so long there may be little you can do.
janice says
I had a mortgage in 1991 with mis sold ppi. Was told it was compulsory. I have the letter from the insurer stating Alliance & Leicester mortgage protection policy and the account number, monthly payment etc. Santander now own A/L and dont have any records. What are the chances of them paying out?
Sara (Debt Camel) says
I think the regulars on this MSE forum would be able to give you a better answer: https://forums.moneysavingexpert.com/forumdisplay.php?f=169
luka says
Has anyone reclaimed PPI from Very?
I am awaitng a cheque, but they have said it was sent on the 18th April. And that it could take 14 day to arrive.
Nicky Swain says
Is there a way to check if I had PPI on my credit card….I’ve had the same card for over 25 years! Plus an old access card many moons ago….any help really appreciated
Sara (Debt Camel) says
Which cards?
Tina Waterfield says
Hi
I have ppi on my mortgage and are still paying it now. I tried a claim in the past that was denied. I still don’t think I should have it but feel unsure. It wa set up 18 years ago.
Can I still claim if I decide to cancel it?
Thanks
Sara (Debt Camel) says
Yes, you cancel it and still claim. But read https://forums.moneysavingexpert.com/forumdisplay.php?f=169 and ask there about this – that is a forum full of PPI experts!
Matt says
Hi Debt Camel
I have just found out I had ppi on a loan with rbs back in 2008 . My question is I deufalted on the loan and overdraft and it was sold to a debt collection agency. I paid a full and final settlement of £3000 for a £4000 Loan and overdraft back in 2012 which still annoys me as it was four years old anyway back to the point in question. As I paid a full and final settlement will I be able to claim back the £674 premium on the loan or will they decline it as I defualted .
Sara (Debt Camel) says
They won’t decline the complaint but any refund may be offset against the bit that was written off.
But the refund will include 8% interest added which adds up over the years.
Overall it’s worth trying to reclaim the PPI as there is a reasonable chance of a refund BUT don’t use a claims company as you don’t want to – in the worst case – have to pay their fees when you never got a penny as it was all offset
Matt says
Hi I don’t know if it makes a difference but I just spoke to aig the debt collector who bought the debt of rbs and they are sending me out a letter to comfirm that we agreed a full and final settlement and no other action could be taken . Are rbs still allowed to claim against the debt with this letter.
Thanks again
Matt
Sara (Debt Camel) says
Unfortunately even if there has been a full and final settlement, aig would be entitled to set of the PPI against the amount that was written off – this wouldn’t count as “taking any action against you”. I can’t guess what they will do. RBS may send the refund to you straight away, or they may send it to aig who may decide they don’t want it or aig may go for set off.
As I said before, it’s worth making a complaint but do not use a claims firm or you may lose out!
Claire says
Hi sara
I recently had a letter confirming I was mis-sold ppi for Littlewoods I’ve had the letter stating I would recieve cheque within 14 days that
was on the 24 April have phoned them twice the 1st time said the cheque was posted out the same time as letter and looking to see if the cheque has already been cashed, the 2nd call again they say the same thing again also if I get the cheque iam to call them back and tell them so they can stop the cheque they have sent very
confusing is there anymore I can do or do I have to wait some more, the thing is if you owed it to them they would be on your case all the time different when you are owed it.
Thanks Sara
Sara (Debt Camel) says
Did this letter come out of the blue, or had you complained to them about PPI?
Claire says
I had complained about ppi to them I had the letter back saying that I was mis sold it and the cheque would be with me in 14 days.
Sara (Debt Camel) says
ok, then I suggest you contact them and say if you aren’t sent a replacement cheque in the next 2 weeks, you will be sending the complaint to the Financial Ombudsman. That was why I asked if you had already complained – because you have, this will be over the 8 week limit the ombudsman says you have to allow a firm to resolve a complaint.
Claire says
Hi Sara
Called back to shop direct they said it is on the system that they are collecting information regarding my cheque and that is should be resolved by next week and to give a call back next Friday, so I guess I will have to call them back if no cheque has been sent.
Hayley S says
Hi im pretty sure im paying off ppi on a JD Williams account… which iv been to paying to a debt collector after disputes with the company over interest ect!! Iv been paying solidly for some years and the balance is down substantially..i have no paper work to view and the copmany im paying told me they couldn’t tell me if i am ..so could you please advise how i could find out…also could i have this removed from the debt or make a claim if this is proven ? Do i have a case ? ????
Sara (Debt Camel) says
If this has been sold to a debt collector, PPI won’t be being charged any more. You need to put in a complaint to JD Williams and ask for a refund of the PPI.
This may come back to you or it may be used to pay off the balance still owed.
bruce seaton says
Hi Sara, I recently contacted the ombudsman after Black horse failed to even acknowledge my ppi claim , for loans in the past.
I then received a reply from the ombudsman saying they had contacted black horse and they “would” be paying me compensation.
However I have now received a strange response from black horse, in that, they are saying they have not upheld my ppi complaint, they do not accept there was any problem with the selling of it.
They have said they will however pay £589 for not telling me they had been paid commission on the ppi.
While this is at least something back, is it normal for them just to be allowed to say ,we didnt find any problem with the sale ? and if i follow it up with the ombudsman again, which it says I can do, is it likely to be worthwhile, or as they have agreed to pay this other money, maybe not worth it?
Oh and the £589 cheque arrived the day after the letter.
Bruce
Sara (Debt Camel) says
The £589 May be a “Plevin” payout. If you think there is a good reason why the PPI was missold (see the checklist here https://www.moneysavingexpert.com/reclaim/ppi-loan-insurance#checklist) then send the complaint to the Ombudsman.
bruce seaton says
yes thats what I thought Sara, I originally made my claim for unfair selling ppi, so I find it hard to believe they can just say they didnt find it unfairly sold, and not give a reason. Will contact ombudsman again.
Thank you
Bruce
Katie says
I’d welcome any advice on claiming with regard to a mortgage. I had high and unaffordable bank charges and potentially unwanted PPI. I’ve yet to send a SAR and I wondered if it’s worth putting in one SAR that asks for details of both charges and PPI or will this confuse things?
As ever, thank you!
Sara (Debt Camel) says
I think that sounds confusing. Why not just put in a claim for the PPI?
Katie says
I agree. I recall that we had the mortgage right at the start of our financial problems and the charges were often and high so I do believe we would have a claim there, but I need statements to check. I don’t know if PPI was included so I would need to check that too. I’m happy just to claim for the PPi but am worried that if an SAR shows we actually didn’t have any, I’ve then lost the right to pursue re bank charges.
Sara (Debt Camel) says
PPI and a refund of bank charges are two totally seperate matters. I don’t see why you shouldn’t purse both, I was just saying don’t mix them up.
Kelly says
Hi Guys
I have another couple of questions and apologies if this has already been covered. I put a complaint into capital one for PPI. I received a long winded reply to say they were Not upholding my complaint. They also said in the letter it was done by way of a tick box and they didn’t have pre printed ticks. So should I now go for a SAR as it’s sounds like they have the original paperwork. The next question is again in the same letter they said I was due a refund of £48 under Plevin. The cheque has arrived today. Should I cash it. Would I still be due this if I take my complaint further or would I have to reflect it.
Thanks in advance for advise
Kelly
Nick says
I’ve had a very similar experience with MBNA detailed in replies above. I hope this helps you. They rejected my main claim but gave me a Plevin payment. Cash the Plevin cheque, it’s yours regardless of what happens next. I went to the Ombudsman with my rejected claim and they upheld it, so MBNA are currently working out how much they owe me. I’ll get this, minus the amount of the Plevin payment. I think, but don’t know for sure, that the reason the ombudsman upheld my complaint is that they judged that the application forms MBNA were using simply did not give enough information. The argument that the tick wasn’t pre printed would be irrelevant if they decide the same for Capital One. The banks often know this but count on the fact that very few take the complaint to the ombudsman, so they can limit their payouts by flat refusing people and hoping they give up. By all means ask for you DSAR, it’s free now, but take your complaint to the ombudsman, the worst that can happen is they say no.
Kelly says
Thanks for the reply Nick. I have had a look over your previous posts and there is a lot of info that will help me. I had a company looking into PPI and they keep coming back with nothing. Since researching and finding this site I have had more success on my own. I would recommend anyone to give it a go. I wholeheartedly agree with you about company’s asking about employment status and saving and sick pay at the time of sale. Is that in itself not an indication of miss selling. If they had asked at the time and hadn’t made a fortune in commission from us they wouldn’t be in this mess.
Kelly
Doubledoom says
Companies asking for sick pay and savings at the point of sale is not an indication of miss-selling. Regulation of insurance did not start until January 2005. However, banks have to consider earlier sales when that sort of information wasn’t required to be recorded. As around half the people complaining about PPI (and making all sorts of allegations of wrongdoing) don’t actually have PPI, they cannot just accept your word for it.
Sara (Debt Camel) says
the banks and credit card companies have themselves to blame about being contacted by people – usually through claims companies – who never had an account with them or didn’t have PPI on that account. The banks and credit card companies could work out from their own records who is due a Plevin refund, it doesn’t require any info from the customers, and then they could give that refund automatically. If that happened, the customers would be happy and they wouldn’t have so many pesky complaints to deal with.
Nick says
Exactly! Much of MBNA’s justification for rejecting my claim seemed to rely on information about my 1996 financial situation which they requested in 2017 when I made my PPI claim. The claim is for misselling, so by doing this they pretty much proved themselves guilty. If they’d asked those questions in 1996 when they sold me PPI, they’d have been in possession of it in 2017 and wouldn’t have needed to ask for it in order to make their decision.
I didn’t have space in the last reply to say this but one of the spurs for me to send my case to the ombudsman was an article I read which specifically mentioned MBNA and Capital One. They’re both owned by US banking interests and have a reputation for rejecting claims and issuing long letters explaining why, most likely as an attempt to convince claimants its pointless fighting on. Compared to UK institutions they reject far more claims, I think the article stated around 80%. The real eye opener for me was next sentence which said that 70% of MBNA / Capital One rejectees who take the case to the ombudsmen have their claim upheld. I guess I’m one. I hope you will be too!
Louise says
Iv had a letter to say MBNA are going to pay out on my PPI claim. The letters say the funds will
be in my account with 28days, how quickly did people get paid?? Thanks
Nick says
When MBNA told me they would be sending me a Plevin payment ‘within 28 days’, I got the cheque 26 days later. Not sure why they delay as the interest keeps building every day until they issue the cheque, so they could save themselves a bit by being a little more lively.
Kelly McCandless says
Hi guys, just wanted to pass on a bit of information that may be helpful. With the new deadline announced for ppi In January I decided to get one of the big name claims company to look into it for me. What did i have to lose. If they didnt find anything it wouldn’t cost me anything. They e-mail me updates and so far they have found nothing. They e-mail to say that bank X can’t identify me or bank why has identified me but no ppi. After reading some tips on Sara’s site and the new rules on GDPR I decided to send SARS to some of the big name banks. One in particular was for ppi I knew I had with HFC. I discovered HSBC IS now responsible. I received all the paperwork they have on me and included in it was a letter dated April they had sent to the claims company saying YES they had identified me and YES I had PPI. If their client (me) wanted to complain they were to get me to fill out a questiionaire. The claims company had emailed me 4 weeks ago to say they found nothing and they closed the case. I have successfully claimed back the ppi and 8%. This was just under £300. I now have another given me £250 plevin and a few more in the pipeline. So I think the claims companies are really only interested in the big claims and don’t want to bother about the small ones. For the price of 3 stamps I have £500 back that I wouldn’t have had if i took the claims companies word for it. Give it ago.
Kelly
Sara (Debt Camel) says
Very interesting! These claims companies too often do what suits them, not their customers.
Cathy Kelly says
Is there a simple way to work out a potential plevin pay out? RBS have told me I paid a premium of £740 for a policy that started in May 1993. The credit card it relates to has since been paid and cancelled. I lodged a complaint with RBS at the end of June 2018 which they’ve acknowledged
Sara (Debt Camel) says
Have you already asked for a PPI refund on the grounds of mis-selling for this and was it rejected? When was the credit card account closed?
bruce seaton says
Hi Sara, I am wondering what you think of this, a couple of months ago I put in a claim for my mum to lloyds bank as she knew she had quite a few loans with them over the years and thought she may have had ppi, however when she got her letters back from them , they said she did have ppi, but offered her £6 !!! Now surely that is impossible to have such a low refund, and in view of the fact ,I have now had my own claim back from them, they turned mine down, but after speaking to the ombudsman, they then agreed i was entitled to it, but paid me out 580 pounds for the commision side, saying it hadnt been mis sold. However i got back to the ombudsman who has just called to say ,he has spoken to them again, it should have been a full payout for mis selling and commision , so they have now got to recalculate my payment. So i’m thinking it sounds like lloyds,black horse are very economical with their offers in the hope people will just accept and forget.
Sara (Debt Camel) says
Well it is possible that £6 is right – but it doesn’t sound very likely! I suggest sending her case to the Ombudsman.
bruce seaton says
yes sara thats what I thought, apparently with mine, they made a mistake,and only offered refund on the fact they hadn’t told me about commision, not on mis selling, which to me sounds very convenient, as had i just accepted it, i would be none the wiser. Thank you
david says
Hi all,
bit of a strange one, i had contact from Black Horse finance saying i’m due a PPI refund of just short of £3k due to mis-selling and will be sent a cheque by 2.8.2018. big win, you’d think.
however i already have a seperate Black Horse Finance loan outstanding with a higher balance than that which i pay back via a DMP. no word from them saying they will set off the refund against that debt – the letter from them definitely says they will be sending me a cheque by 2.8.2018.
i’m just wondering whether this is common and whether the refund does actually come to the customer and is not used to set off against other debts, and the letter is just a standard response and in the meantime they will establish i have another account and pay it off that rather than refund it to me instead?
i hope its sent to me obviously, as i can then use it for my DMP rather than just one loan.
any thoughts please?
david says
i will close this query off before anyone responds – they sent me the cheque!
i think there is an unofficial rule where if they’ve sold the loan on to a debt collector, technically they have their money so won’t look to set off.
i suppose i’ve been lucky – i will make sure i use the money wisely on my DMP and a little treat during the summer to celebrate!
Sara (Debt Camel) says
I think you got lucky. A lot of people who have had debts sold to debt collectors have had a right of set off exercised.
So are you going to use the money for Full & final offers?
david says
hi Sarah, i have been very lucky, yes. to be fair if it had been set off i woudln’t have minded, but the fact i have receievd the settlement instead is obviously a big bonus.
i’ve already planned to pay £750 off an Amigo loan and then blitz my accounts where i have only around £200 outstanding. just waiting on the cheque to clear now.
still room for a little treat too. and to think i nearly didn’t even bother trying out a PPI claim on this account!
jackie says
I’ve had a company contact me to say I have overpaid on my mortgage and could get thousands back in a refund. They claim this is the next “ppi” type claim that banks will have to prepare to start paying out for. Has anyone heard of this and is it worth pursuing?
Many thanks
Sara (Debt Camel) says
Do you have repayment or an interest only mortgage? Do they give any reason for suggesting that you have overpaid?
Jackie says
Hi Sarah
It’s a repayment mortgage. I did have arrears on it at one point and they say that I was probably paying too much on the arrears and also, they may have had my rate at 5.1% but errors on their part meant I was actually paying more like 6.1%. I have always thought my mortgage payments were high but put this down to having a higher rate due to my poor credit status. Just wondering if anyone else had had any companies claiming they could get refunds on their mortgages too.
Many thanks
Sara (Debt Camel) says
I suggest you ignore the claims company and send your mortgage lender a Subject Access Request for a copy of all your personal information. When you get that (it will probably take a month) I suggest you take it to your loacal Ciatizens Advice or a Law Centre and ask for their help to look at if you have been overcharged. If you have, they can help draft a letter to the lender asking for a refund. No need to lose 30% plus of any refund for just writing a letter!
But my guess it’s the claims company are just fishing for business. They know it’s unlikely they can get any money back on the mortgage, but once you are on their books they will then hope to get money from PPI, packaged bank account, payday loans etc.
Jackie says
Hi Sarah, that’s great. I will definitely take your advice. They were definitely pushing for me to sign up for this. I’ll let you know how I get on. Thanks again
Wendy says
Hi Sara just a question to ask please? I sent off a ppi questionnaire along with 2005 old bank statements with black horse direct debit outlined and also a reference number from the bank that I originally banked with but I have received a reply today from Lloyds bank saying that because I don’t have an account number for this loan that I had taken out that they are closing my case but I can complain to the ombudsman if I choose to. So what is your take on that Sara please? Thank you . Wendy
Sara (Debt Camel) says
Hi Wendy, if you ask on here https://forums.moneysavingexpert.com/forumdisplay.php?f=169 there is a better chance of someone who has been in your exact situation being able to say what may happen.
donna stephen says
Hi looking for some advice.. I sent a Ppi to my mortgage company ( no longer have the mortgage) and the building society was taken over.. they said that there was ppi on it but can’t find many details on it and that because it was more than 6years ago and I’m complaining more than 3 years later than I should have realised they won’t uphold my complaint despite acknowledging there was ppi on the mortgage.. should I go to the ombudsman?
Thank you
Sara (Debt Camel) says
Best place for this sort of question is MSE’s PPI forum: https://forums.moneysavingexpert.com/forumdisplay.php?f=169. Do give the name of the firm and the dates.
Wendy says
Hi Sara
I have been awarded ppi from shop direct but I got into financial trouble and wasnt able to pay my bill and then it was sold to a debt company called capquest. Shop direct therefore have I formed me that the amount I was due was being offset towards the debt and as I could do with the money is there anything I can do or is that game over really….thanks. Wendy
Sara (Debt Camel) says
That’s it, unless you can argue that you have urgent priority debts such as rent or mortgage arrears, in which case the Ombudsman will sometimes say the refund shouldn’t be set off against the old debt.
Wendy says
Thanks Sara I do have rent arrears and housing benefit overpayment as I rent from my local council and that alone is around £1000. My case went through the ombudsman so do you think I should contact them and explain this to them? Thanks . Wendy
Sara (Debt Camel) says
Do you have an arrangement in place for the rent arrears and HB overpayment? It’s worth asking the Ombudsman but set off is the norm and the few cases I have heard of where it has been avoided is whether people are being threatened with court action for priority debts eg a possession order.
DAVID HASTE says
Iam getting letters from the claim guys for work they never done . I have made 8 calls to the ombunsman and seven to tescos .the money was paid in my bank in june and in September I had a letter from the claims asking for money . I checked with tescos and the ombudsman and the claim guys made no contact with them.
Sara (Debt Camel) says
Has the claims firm gone to court for a CCJ or are they just threatening no it?
Had you signed up with them for anything?
DAVID HASTE says
No they just keep sending letters. They done some work for me about 4 years ago
Sara (Debt Camel) says
When they did some work for you, did you tell them you had PPI with Tescos? Or did they tell you?
Jon says
Hi :)
I had 3 substantial loans from Blackhorse finance dating back to 2005, totalling £28,000. I contacted them to confirm that all 3 agreements had PPI and was told that they all had. (the exact phrase they used was “All 3 agreements are showing green lights for PPI..” I completed all the forms with the details of when, where, and how the loans were arranged and that I was under the impression (at the time) that the loans would be refused if I didn’t take out these insurance policies.
I’ve received 3 letters today informing me that Blackhorse were in fact mistaken, and now none of the loan agreements had PPI included.
I’ve asked for a SAR and will be pursuing them further, but I was wondering if anyone else has been in a similar situation with Blackhorse or other lenders? I find it very odd and not a little confusing!!
Sara (Debt Camel) says
Do you have any loan documentation? It was a long while ago.
Jon says
Hi Sara,
I’m looking for the documents at the moment. Will the SAR I’ve requested include copies of the original agreements?
Thanks
Sara (Debt Camel) says
SARs should contain the data the bank has – after all this time that is uncertain.
Baggy70 says
Hi Sara
I made a claim for PPI with Citifinancial through a claims agency ( won’t do that again), they paid out on the 2 smaller loans but refused the largest.
I referred this to FOS in August and have just been told the FOS has upheld my complaint, they are now waiting for Citifinancial to respond.
Is there a specific length of time Citifinancial have to respond and do the normally accept the FOS initial view?
Thanks
Sara (Debt Camel) says
The bank is normally given a couple of weeks to reply. I don’t see enough of these cases to know if any particular bank is fast or slow or what they tend to say.
Maria says
I had a debt management plan which ended in Jan 2015. As part of this I was in an agreement to pay off so much a month back to Barclaycard. I then came into a bit of money and although i was only part way through the DMP, was able to clear my debts. However, some of the creditors, Barclaycard included, agreed to reduced settlement figures. I have now found out that I can put in for a claim for PPI with Barclaycard. However, will any repayment by Barclaycard be taken back by them in lieu of the ‘written off’ money I owed them? Many thanks in advace.
Sara (Debt Camel) says
Hi Maria,
it is likely (but not certain) that Barclaycard will use any PPI refund to repay the written off debt. Although they said this was written off, it still legally exists and they are allowed to do this.
I would say it is worth making the PPI claim – some payouts can be very large so even if there is a debt to be written off you may still get some money. But it’s important that you don’t use a claims firm for this, otherwise they will still insist you pay their large fees even if you never received any money.
k says
Hello im just wondering if its worth me putting PPI claims in, i have no idea if i had them or not, i had a loan in 2009 with RBS and have had multiple credit card accounts opened between 2013-2015 did they stop ppi after a certain year? am i wasting my time?
Sara (Debt Camel) says
Definitely contact RBS and ask if there was PPI on that loan!
There was a ban on PPI being sold at the same time an account was opened from 2012 but it could still be sold after 7 days. And Vanquis always sold ROP, their rather different variation on PPI, at the same time as the account. It’s worth checking on the credit cards, just put PPI and the name of the card into google and it will give details from the lender about how to find if you had PPI. Here for example is MBNAs https://www.mbna.co.uk/support/ppi/. It will take about 10 minutes to do each card.
As your debts are in a DMP you MUST avoid the claims firms as a refund may only reduce the amount you owe, which is good but leaves you with no cash to pay the claims companies high fees.
Elaine says
Hi Sara
Just need to check something
My hubby and I have had ppi refunds
Do we have to wait until the end of this financial year to claim the tax back on R40 form.
Thanks
Sara (Debt Camel) says
You can do it mid year but you then have to provide an estimate of what your total income for the whole tax year will be. It may be simpler to wait…
Elaine says
Hi Sara
I will wait until end of the financial year
Thanks
Elaine xx
David Dutton says
I used the RBS PPI checker online a couple of weeks back; I knew I had a few loans with RBS early in the 2000’s but their response, which came within about 4 days so well done to them on that part, confirmed I had one loan which was then refinanced a further 5 times. by the 6th loan, the PPI on the account was £2.8k according to their update which I estimate to have been about an £18k loan going off todays’ calculations. unfortunately I have no paperwork to confirm that and I’ve had so much credit over the years i’m embarrassed to say I cannot remember all of these!
but all 6 had PPI added when I didn’t need it. not sure if I actually agreed to it or not but I’ve never knowingly requested it specifically as I worked for the DWP at the time and they provided full sickness and injury packages for full time employees (I worked there for 9 years) so hopefully i’m in with a bit of a shot. and I think I still have a shot at redress from the refinancing if i’m not mistaken, when each of the refinancing loans took place?
Sara (Debt Camel) says
If each time you refinanced you took PPI, then you may get a large payout from this. The largest PPI refund I personally have seen came from a Lloyds loan which had been refinanced several times. Good luck!
david d says
RBS have investigated and awarded £4.6k refund, but I think they have deducted 20% tax off this too (think I can claim some of this back?) cheque due by the end of the month. Happy 2019!!
once again, thanks to yourself and this website for all the great information and support.
Sara (Debt Camel) says
If you are a basic rate taxpayer you can reclaim up to £200 in a financial year, see https://debtcamel.co.uk/ppi-payday-refund-get-back-tax/
david d says
I recall in FY18 I did the same thing having had a refund for a payday loan, but the HMRC applied it as a Unit Trust and I ended up having my tax band temporarily reduced as they said I hadn’t paid enough tax that year – about £70. my employer confirmed the issue was not their end, but the HMRC never got back to me and I never got a refund at all, from either the tax band change or the payday loan tax paid.
needless to say i’m a bit reluctant to do this now!
Sara (Debt Camel) says
You can only not have paid enough tax if the 8% took you over the point where you start to pay higher rate tax. Classifying it as a unit trust is just wrong and you could have complained.
Martin says
I made a recent enquiry about the Plevin case and was told that as I had previously been had a mis-sold PPI refund for the account, I could not make a Plevin complaint.
Is this correct?
Sara (Debt Camel) says
Yes. If you have already had a payout, then you have received full compensation.
Martin says
Ok thanks Sara.
I’d like to say a huge thanks to you also for all the information you provide on this site. It’s helped me reclaim several PPI and PayDay Loan refunds over the last few years that have lifted me from absolute rock bottom back to a life worth living :)
Martin says
Just had a response back from Santander for my Plevin complaint on an old mortgage.
They have stated that to be considered for this complaint, the account must have been opened on or after 06 April 2008, my account closed 31 January 2005.
Obviously they’ve said I can refer the complaint to FOS, are you aware of this date restriction and do you think there’s any argument for cases outside of it?
Thanks
David says
Yes, there are qualifying dates. The FCA (or predecessor regulators) didn’t require commission disclosure. However, the Plevin court case relied on S140a of the consumer credit act that was revised in 2006 (effective 2008 for existing). So, for PPI that ended before 2008, it was not affected by that change.
So, they are correct to reject your Plevin claim as it falls outside of the required dates. Mortgage PPI also has some other quirks as well which can mean Plevin doesn’t apply. Such as mortgages arranged under MCOB rather than the CCA. Or where the MPPI was bought at a different time to the mortgage.
Martin says
Ok so no reason to take to Ombudsman then.
Thanks for the info!
gaynor edwards says
Hi We had a mortgage from 1992 till June 2008 when we paid it off we applied for ppi as we felt strongly that it was miss sold we were rejected by both the bank Brittania/Co.op and the Ombudsman ,However weve just heard about Plevin and Ive reapplied to maybe get some interest back
if nothing else ,My question is does the account have to have been opened after april 2008 or can it have been running as mine had for many years before that included 2008 ???
Sara (Debt Camel) says
This is what the Ombudsman says about the date rules for Plevin https://www.financial-ombudsman.org.uk/ppi/can-i-complain-about-commission.html