Blog

  • Paragon’s Application Supreme Court win for Miller Gardner (3/27/2017)

    Miller Gardner successful in the Supreme Court in defeating Paragon’s Application to reverse Mrs Plevin’s costs order

    On the 12th November 2014 the Supreme Court found in favour of Mrs Plevin as debtor in her long running dispute with Paragon Personal Finance Limited (“Paragon”) as creditor on the basis that there was unfairness by reason of Paragon’s failure to disclose the amount of commission paid to it and the broker in respect of her PPI purchased in connection with the loan.

    Mrs Plevin was awarded her costs and indeed by reason of a further challenge by Paragon, the Court also reaffirmed the costs order in her favour before the Court of Appeal.

    Some considerable time later in April 2016, Paragon made an Application to the Supreme Court to set aside and reverse the costs order because it was alleged Mrs Plevin had no right to bring the action which was that of the Financial Services Compensation Scheme (“FSCS”). This arose because Mrs Plevin received compensation from the FSCS in respect of her claim against LL Processing (UK) Limited (in Liquidation) (“LLP”) which brokered the loan. Paragon’s challenge was that in accepting compensation Mrs Plevin had given up her claim against Paragon to the FSCS.

    This Application went before all five Justices of the Supreme Court although it did not seek to set aside the substantive decision, which was that there was unfairness in the relationship between Mrs Plevin and Paragon; the Court dismissed the Application with costs.

    The Supreme Court dismissed Paragon’s Application on the rather sensible basis that Mrs Plevin’s right to bring her claim had been undisputed throughout and that Paragon was not inviting the Supreme Court to set aside the substantive order made that the relationship between Paragon and Mrs Plevin was unfair; moreover, and of greater importance, the Court stated that it would in any event have rejected Paragon’s contention that she did not have any cause of action due to the liabilities of Paragon and the LLP arising out of distinct agreements giving rise to separate roles in the transaction and distinct duties owed to Mrs Plevin.

    27th March 2017
    Rodney Mark Gardner – Director
    Miller Gardner Ltd

  • Final Rules & Guidance on PPI complaints (3/14/2017)

    On the 2nd March 2017 the Financial Conduct Authority (“FCA”) published its Final Rules & Guidance on PPI complaints, requiring creditors to compensate certain consumers whose complaints have previously been rejected following Plevin. This provides an option for such consumers of putting in a further claim or pursuing the matter through litigation.

    However, as the new compensation rules compare unfavourably with the amount that can be obtained by taking matters down the litigation route, we believe it is in the interest of all such consumers to consult a solicitor, because much higher compensation is likely to be obtained. We are the leading claimant law practice and indeed one of the only practices prepared to act on a small claim (i.e. below £10,000.00) and on a ‘no win – no fee’ basis and can boast a success rate of almost 100%.