Statement on Plevin v Paragon Personal Finance Ltd

Published: 27/05/2015     Last Modified: 28/05/2015
In January, the Financial Conduct Authority (FCA) announced that it would be collecting evidence on current trends in complaints on payment protection insurance (PPI).

The FCA will use this evidence to assess whether the current approach is continuing to meet its objectives of securing appropriate protection for consumers and enhancing the integrity of the UK’s financial system. The FCA expects to give its view on the evidence collected in the summer and make clear any next steps.

In November 2014, the Supreme Court ruled in Plevin v Paragon Personal Finance Ltd (Plevin) that a failure to disclose to a client a large commission payment on a single premium PPI policy made the relationship between a lender and the borrower unfair under section 140A of the Consumer Credit Act 1974.

As a result, the FCA is considering whether additional rules and/or guidance are required to deal with the impact of the Plevin decision on complaints about PPI. The FCA will be engaging with relevant stakeholders in the coming months in respect of this and it expects to announce its views on this, including next steps, at the same time as existing work.

Notes

  1. Supreme Court Judgment: Plevin vs Paragon Personal Finance Ltd
  2. FCA Statement, 30 January 2015: The Financial Conduct Authority to gather evidence on how the PPI complaints process is working.
  3. On the 1 April 2013 the Financial Conduct Authority (FCA) became responsible for the conduct supervision of all regulated financial firms and the prudential supervision of those not supervised by the Prudential Regulation Authority (PRA).
  4. The FCA has an overarching strategic objective of ensuring the relevant markets function well. To support this it has three operational objectives: to secure an appropriate degree of protection for consumers; to protect and enhance the integrity of the UK financial system; and to promote effective competition in the interests of consumers.

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