Permission to appeal ‘Plevin’ on quantum refused
Sir James Munby P has this morning refused the borrower permission to appeal the decision on relief in Plevin v Paragon Personal Finance Limited (Manchester county court, unrep, 2nd March 2015, HHJ Platts). Following the Supreme Court’s ruling that non-disclosure of PPI commission gave rise to an ‘unfair relationship’, the matter was remitted to the county court to decide what relief, if any, should be awarded. HHJ Platts in the county court held that on the particular facts (where the borrower’s evidence was that if commission had been disclosed, she would “certainly have questioned this”), the quantum of relief should be the amount of the PPI premium that represented commission, plus interest. The borrower applied for permission to appeal on the basis that the quantum should have been the total amount payable in respect of the PPI, plus interest. At the oral hearing of the application for permission, the borrower instead submitted that quantum should be the total amount payable less the cost of obtaining alternative monthly premium cover. Application refused.