Porterfield -v- Yorkshire Building Society 10th January 2020 before DJ Charnock-Neal @ Sunderland County Court. The Claimant was represented by Andrew Clark with “Plevin” Solicitor Zafar Afsar on behalf of Rowan Rose Solicitors – The Court dismisses the FCA redress approach under section 140B of the Consumer Credit Act 1974 by awarding a refund of the full commission paid by the Defendant together with interest
The Claimant purchased a Mortgage Payment Protection Insurance (PPI) policy which was paid by way of a monthly premium. Miss Porterfield’s claim was that the undisclosed PPI commission paid by the PPI insurer to Yorkshire Building Society created an unfair relationship under section 140 of the Consumer Credit Act 1974. The claim was upheld, and the Defendant was ordered to repay the full commission received together with interest calculated at 8% per annum. This decision was in line with HHJ Platt’s decision in “Plevin” in 2015.