Plevin v Paragon Personal Finance Ltd

A lender's failure to disclose that most of a payment protection insurance premium was paid as commission to the lender and broker made the relationship between lender and borrower unfair.

Citation
[2014] UKSC 61, [2014] 1 WLR 4222
Court
Supreme Court
Year
2014
Subject
Banking and Finance Law
Topic
Advice, mis-selling and financial regulation

Facts

Mrs Plevin took out a loan from Paragon, arranged through a broker, and was sold a single premium payment protection insurance policy, which was added to the loan. She was not told that about 71.8 percent of the premium was paid as commission to Paragon and the broker. She claimed that the relationship arising out of the credit agreement was unfair, under section 140A of the Consumer Credit Act 1974.

Legal principle

The Supreme Court held that the relationship was unfair. Lord Sumption said that the question of unfairness under section 140A is a broad one, which is not limited to breaches of the regulatory rules, and that the court must consider all the matters which it thinks relevant. The size of the commission, which was undisclosed, was so large that a sufficiently informed borrower would have questioned whether the insurance represented value for money, and the failure to disclose it made the relationship unfair. Paragon was responsible for the broker's failure to disclose. The decision led to a large number of further claims for the mis selling of payment protection insurance.

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