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FCA reaffirms belief in cut-off date for PPI complaints

Chris Hamblin, Editor, London, 12 August 2016

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The UK's Financial Conduct Authority has expressed a fervent desire to force its payment protection insurance complaints policy through. This includes the imposition of a deadline for making new PPI complaints.

Its policy, which it laid out in November last year, is seen universally as a sop to the banking lobby. It also contains, as a sop to the consumer lobby, a proposal for a public education campaign to raise awareness of the PPI issue as the deadline approaches.

In Plevin v Paragon Personal Finance Ltd, the Supreme Court ruled that a failure by a lender to disclose to a client at point of sale the large commissions payable out of the PPI premium made the relationship between the lender and the borrower unfair under section 140A Consumer Credit Act 1974. This - and, some would say, the outright victory for Britain's ruling party at the polls in the summer - helped form the backdrop to the FCA's 'bank-friendly' stance. The FCA has announced its intention to make new rules and guidelines to do with the handling of PPI complaints in the light of the judgment.

Before making a final decision on some or all of the proposals the FCA is consulting interested parties about the Plevin-related changes. The consultation will close on 11 October.

Andrew Bailey, the "safe pair of hands" from the Prudential Regulation Authority who took over as FCA chief executive recently, is attempting to present the policy as a victory for consumers and market integrity. He wants the new rules to be made all on the same date by the end of December, with the Plevin rules and guidance coming into force about three months later, by the end of March next year, and the complaints deadline coming into force 'by the end of' (in other words, possibly earlier than) June 2019.

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