Thanks I’ll try a straightford missold claim and let you know how I get on

Thank you, so do you think a straight forward request for PPI refund is the way to go? and do you think I’ve muddied the pitch by going the Plevin route first?

Don’t know and didn’t fully understand the Previn framework. Added to this it was pre regulation of Jan 2005 so don’t really know what step to take next

Hi, Wonder if someone can point me in the right direction. Back in December 2004 (Paragon have quoted Feb incorrect below copy of their letter) my wife and I took out a £20k loan, and this loan had the mandatory PPI of £7k on the paperwork. With news of the Plevin judgement I approached Paragon and they have said the are unable to uphold my complaint and if unsatisfied to approach the Ombudsman. Is there anything I can do? can I even ask for the commission rate of the PPI? any help much appreciated Many thanks, Dusty Our investiqation ln the case of Plevin v Paragon Personal Finance [2014], the Supreme Court indicated that commission in some circumstances could result in an unfair relationship between the lender and the consumer, under the Consumer Credit Act 1974 (Act). However, for the unfair relationship provision of the Act to apply, the Credit Agreement had to have been taken out on or after 6 April 20A7 or, for an agreement taken out before 6 April 2007 and be ongoing as at 6 April 2008. As your loan was taken out on 13 February 2004 and was redeemed on 23 January 2006, your complaint is considered ineligible under the Plevin judgement. Our decision. Based on the above information. I am unable to uphold your complaint. Whilst I appreciate this may not be the response you had hoped for, under the terms of our complaints procedure this is our final response. You may have the right to refer your complaint to the Financial Ombudsman Service, free of charge - but you must do so within six months of the date of this letter. Paragon PPI letter 250118.pdf

Wonder if anyone has any next step guidance re pre-2005 PPI claim? I have been battling with London Scottish for a 16th December 2004 executed loan which had £6,000 PPI pre-added to the contract. It obviously sticks in the throat as it was less than a month before regulation kicked in 14th Jan 2005. As London Scottish (LS) went into administration, I approached them and the declined any wrong doing (about 18 months ago) I then went to FOS who have case workers who suggested they go after the underwriter Aviva. Top cut a long story short, this has been going on for 17 month, and I have had various case workers who have left the FOS along the way. although the previous case worker told me they were approaching Aviva for a group of borderline cases (mine included) who they felt should be refunded by the underwriter. As I said, the previous last case worker left last month (out of office email saying no longer works there), so I decided to upon calling last Friday 12th October for an update to a general line at FOS I was told there was no new, and no correspondence between Aviva and FOS in months. Today (Monday 15th October) I took a call from a new guy at the FOS who told me (despite nothing new only a few days prior) that the FOS had ruled there was nothing for Aviva to answer, as there's no proof of a link between LS and Aviva (the only contract/documents I have have no Aviva reference just the LS ref, with the generic Aviva underwriting policy). He said he would put it in writing, and I have the right to appeal. So palmed off by FOS, palmed off by LS, the FSCS say I have to have something from FOS anyone have any ideas how I can pursue. FYI, I have all the original contracts, and it is clear the PPI was pre-printed with no option to delete. Thank you in advance, Dusty

I think the key here maybe "unlikely". It doesn't say a definite No. Maybe in light of the judicial review more may come of this, as I understand it lenders were told to get their houses in order in prep for the 15th Jan 2005 deadline.

Just hopping on this thread with interest

Hi Fred Funk, I am similar to you, so please excuse the subbing on this thread. I've had a £7k PPI (on top of a £20k loan) claim declined by London Scottish, as it was pre January 2005. The gauling thing is, the loan was actually executed on 16th December 2004, so just a few weeks pre FSA covernance. I've been busy reading all the paperwork and T's and C's today, and see I had a 28 day cancelation window, which would take it into FSA territory maybe? I would appreciate it if anyone had any thoughts, as £7k plus interest would be a really healthy sum. Dusty

Hi, To throw my twopeneth worth in. I took Wecome to court last November. I won and was awarded PPI with 8% flat interest. I took them to court on the basis of fraud in adding PPI on a contract and went for compounded 8% interest. I had exactly the same as Mr Z, 2 different schedules one which was forged and dated totally different, one they had sent me, and the copies I kept from when I took out the loan. I also had a hand wrting expert's report casting prime facia doubt on the signatures. Their barrister, who incidentally tried to bully me outside the court with potential £4k costs if I lost, spent most of the day refering to McGregor on Damages book, saying that it had to proven fraud. He also did not produce the original documents, and said they were not available then or in the future. The judge awarded me the flat interest as he summarised that a definite case of fraud could not be proven - I think this is what may happen to you. As if they simply do not provide the originals, it is not clear wether fraud has taken place or not. Shabby trick I know, but in the end I was happy as I ended up with a cheque with 28 days. Hope this helps, and PM me if you need more details. Dusty

iQor are the economy version of DCA's often getting the files forth or fifth time around. Ignore it if I was you.

The exact thing happened to me, and when eventually getting to court they could mot provide the originals. Have you thought of smoothly a handwriting expert? Wouldn't cost that much to at least get some doubt raised. Dusty

Have you SAR'd them? I've heard Cap One cannot produce true signed copies of the original agreements. This maybe a way of slowing it down and getting them to be more reasonable. Dusty

Need more details, let me know by PM

CCA ASAP for me. They nay not have a copy of true signed agreement

Hi Superstarjan, Is the Capquest for Capital One debt by any chance? Have they taken you to court and received a judgement against you? How much is it for? Hopefully other people will help you once we know this ibfo too. Chin up, it may not be as bad as it seems Dusty