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2nd chance after Plevin ?


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Claimed against RBS which took a long time to get answers after an initial refusal, so I could make an appeal to the Ombudsman. In effect it timed out beyond the 6 months due to the delay getting what I wanted from RBS.

 

I then asked RBS to look at the claim again a couple of years later as I know the claim was good. So many things that weren't done that should have been. They rejected it.

 

I have just seen the Plevin result in the Supreme Court about non disclosure of commissions.

As this wasn't covered in my original claim is it possible to construct a new claim based on Plevin as well.

 

Failing that can I make a court claim. I am still within the 6 years but I have no idea how to make a cliam where thw amount is unknown.

I have seen some previous posts which shows how to do it from a SAR and release of all documents but this is too heavy for me.

Could I make a claim for an ad-hoc amount such as "for an amount to be calculated by RBS in-line with their standard amortisation should a court find my claim to be substantiated.

 

In any event, a Plevin based new appeal for non disclosure would be nice if it were possible.

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for ref/info (plevin mentioned)

'...The FCA has also made final rules and guidance related to how firms should handle complaints in light of the Supreme Court judgment in Plevin v Paragon Personal Finance Ltd (Plevin). The Plevin decision means that consumers may have new grounds to complain about PPI regarding the amount of money that the providers received for the sale if the failure to disclose that commission made the relationship unfair...'

https://www.fca.org.uk/news/press-releases/fca-finalise-plans-place-deadline-ppi-complaints

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  • 2 weeks later...

As above, the recent Plevin ruling by the FCA does allow for previously rejected complaints to be reviewed, so I don't believe you need to take this through the courts just yet. Although I wouldn't rely on RBS to contact you about a new investigation. I would write to them again and ask in light of Plevin will they kindly reconsider their previous decision.

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