Claims management company (CMC) complaints - ask the ombudsman your question

Legal_Ombudsman · 3 June 2015 at 12:11PM

Have you used a CMC to reclaim PPI or other financial products and received poor service? The Legal Ombudsman is here to answer your CMC queries and concerns. We resolve complaints about legal service providers and CMCs and our service is free.

It may be that your CMC has:

failed to do what they agreed
hasn’t handled your mis-sold PPI claim the way you expected them to
has been slow in responding
increased their charges without explaining why
unreasonably refused you a service
pressured you to accept a service you did not want

We will investigate your complaint and if we decide the service you received was unreasonable, we can make sure your CMC puts it right.

How to get in touch with your questions and concerns

We're happy to answer your questions in this thread, so just reply below and we'll get back to you.

Alternatively there are lots of other ways you can get in touch.

Use our live chat function Mon-Fri between 08:30am and 5:30pm: https://legalombudsman.live-chat-help.com/
Call us Mon-Fri between 08:30am-5:30pm on 0300 555 0333 or on our minicom 0300 555 1777
Email us on [EMAIL="cmc@legalombudsman.org.uk"]cmc@legalombudsman.org.uk[/EMAIL]
Or write to us at Legal ombudsman, PO Box 6804, Wolverhampton, WV1 9WG

You can also follow us on facebook or twitter @Legal_Ombudsman

Office_Knowall · 22 July 2015 at 3:20PM

Stanton Fisher continually get mine and my husband's claims mixed up. They call me about his claims and vice versa. Paperwork sent for checking & signing is incorrect with information mixed up between myself and my husband. I have told them numerous times about this but it is still happening. The information on the forms is supposed to be what we have told them on the phone but it is rarely correct.

Their information promises £25 for a referral, my husband referred them to me but so far no payment. He has asked them about it at least 3 times. I have received PPI back on 2 of my claims so far.

I am also being pressured into claims against companies that I have told them I definitely didn't have PPI from.

What can I do?

magpiecottage · 22 July 2015 at 4:33PM

Making a statement that is false in an attempt to make a gain or cause somebody else to make a loss is fraud.

If they attempting to pressure you into committiong a criminal offence, I suggest you make complaint to them and, if necessary, to the Legal Ombudsman.

Legal_Ombudsman · 22 July 2015 at 4:33PM

We are sorry to hear about the problems you are experiencing with your Claims Management Company. At the Legal Ombudsman, we investigate complaints about the service received from Claims Management Companies and your complaint sounds like something we can deal with.

Before we can accept your complaint for investigation, you need to raise a formal complaint with the company. We suggest that you do this in writing so you have a record; email should be fine. You should allow the company eight weeks to respond to you. However, if they provide you with a final response to your complaint within the eight weeks, there is no need to wait any longer. Come back to us as soon as you can after trying to resolve your complaint; you have a maximum of six months after you receive their written response to bring your complaint to us.

If you have already complained to the Claims Management Company and you are not satisfied with their response you can get in touch with us now on the contact details outlined above and we can talk to you about the next steps.

Alpine_Star · 8 September 2015 at 5:35AM

I had high hopes for consumers when MOJ first announced that the Legal Ombudsman would be responsible for claims management complaints but I've seen some questionable decisions from them.

One in particular in which I assisted a vulnerable couple with their complaint was in my view utterly outrageous.

Although it would be improper for me to go into detail about the case here it seems to me that LeO does not take into account contractual terms that are clearly unfair and it too readily accepts the CMC's argument that a consumer agreement, no matter how onerous, should be abided by.

I appreciate that under UTCCR only a court can rule that a term is unfair by virtue of section 5(1) but LeO could and should take account whether the performance and particularly the effect of a term complies with General Principle 1(a) of the Conduct of Authorised Persons Rules which requires CMCs to act fairly and reasonably in dealings with their clients.

In short it appears that LeO allows CMCs to act unfairly if their consumer contracts say they can.

I believe that the Legal Ombudsman is failing consumers in this regard and as such is not fit for purpose.

dunstonh · 8 September 2015 at 11:08AM

Although it would be improper for me to go into detail about the case here it seems to me that LeO does not take into account contractual terms that are clearly unfair and it too readily accepts the CMC's argument that a consumer agreement, no matter how onerous, should be abided by.

So, the complete opposite of the Financial Ombudsman Service who take knowledge and understanding into account and ability to understand into account.

Legal_Ombudsman · 8 September 2015 at 12:10PM

Hi Alpine Star and dunstonh,
Thanks for your messages – we have to look at each complaint on its individual merits and as we’re sure you’ll appreciate we are unable to discuss individual complaints. We don’t operate a ‘one size fits all’ policy, when considering any complaint, we will always consider what is fair and reasonable in all circumstances of the case.

For us (in a similar way to the Financial Ombudsman) when we look at what is ‘fair and reasonable’ we consider, but are not bound by, such factors as what decision a court might make, the regulators rules in place at the time, and what was considered to be good practice at the time of the act or omission complained about. For example, while it is true that only a court can rule that a contract term is unfair, if we also consider a term was blatantly unfair we have the power to direct an appropriate remedy.

Where we consider that the Claims Management Regulator’s rules have been breached, we will also advise the regulator of this, for them to take whatever action they consider appropriate.

We also work with CMCs to help them improve their service to consumers, we offer sessions on better complaint handling and will be publishing research and thematic reviews which should help identify further steps the industry can take to improve.

We hope this helps explain our process a bit more – feel free to ask us any other questions.

magpiecottage · 16 September 2015 at 10:37AM

I had high hopes that the Legal Ombudsman would rein in the unacceptable behaviour of CMCs.

Sadly, I have to report that a complaint I made to it has been rejected on the grounds that I supposedly did not provide evidence, despite the fact that I provided sufficient evidence.

In particular, I an e-mail I sent to it nine days before the Ombudsman rejected it seems not to have been taken into consideration.

So, on the basis of my experience, I am not convinced that the Legal Omnbudsman will be able to help.

However, I still recommend you take your complaint to it in the first instance. You may get lucky but if not, I believe court action is still an option if you have to.

Stevie_Palimo · 16 September 2015 at 10:43AM

magpiecottage wrote: »

I had high hopes that the Legal Ombudsman would rein in the unacceptable behaviour of CMCs.

Sadly, I have to report that a complaint I made to it has been rejected on the grounds that I supposedly did not provide evidence, despite the fact that I provided sufficient evidence.

In particular, I an e-mail I sent to it nine days before the Ombudsman rejected it seems not to have been taken into consideration.

So, on the basis of my experience, I am not convinced that the Legal Omnbudsman will be able to help.

However, I still recommend you take your complaint to it in the first instance. You may get lucky but if not, I believe court action is still an option if you have to.

I've heard similar to this also and believe it is another Government bodie set up to make the public believe that something is being done, Looks like money for old rope and lets pretend we help the public whilst taking a wage for doing sweet fa.

Legal_Ombudsman · 16 September 2015 at 12:12PM

[FONT=&quot]Hi Magpiecottage,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Thank you for your comments and I am sorry to hear about the issues you have experienced.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Our office makes decisions based upon the evidence which we receive during the course of an investigation. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In your post you mention your complaint was rejected on the basis you had not provided evidence. However, you have said you provided evidence and also sent an email to us before your case was closed. You believe this information should have been considered, but was not.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The Legal Ombudsman seeks to be fair and provide good service to all who bring complaints to this office. This includes considering both the evidence we receive from parties to a complaint and their views. If you think we have not received the evidence you sent to us, and believe it should have been considered before we made our decision, please get in contact with us.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I would be grateful if you would call us directly on 0300 555 0333 to discuss this matter further or alternatively please contact the investigator who was looking into your case.
[/FONT]

[FONT=&quot]If you remain dissatisfied, then please follow our complaints procedure[/FONT]: http://www.legalombudsman.org.uk/wp-content/uploads/2014/08/Service-Complaint-Procedure-V31.pdf

[FONT=&quot] [/FONT]
[FONT=&quot]Many thanks[/FONT]

Alpine_Star · 18 September 2015 at 6:19AM

Legal_Ombudsman wrote: »

Hi Alpine Star and dunstonh,
Thanks for your messages – we have to look at each complaint on its individual merits and as we’re sure you’ll appreciate we are unable to discuss individual complaints. We don’t operate a ‘one size fits all’ policy, when considering any complaint, we will always consider what is fair and reasonable in all circumstances of the case.

For us (in a similar way to the Financial Ombudsman) when we look at what is ‘fair and reasonable’ we consider, but are not bound by,such factors as what decision a court might make, the regulators rules in place at the time, and what was considered to be good practice at the time of the act or omission complained about. For example, while it is true that only a court can rule that a contract term is unfair, if we also consider a term was blatantly unfair we have the power to direct an appropriate remedy.

Where we consider that the Claims Management Regulator’s rules have been breached, we will also advise the regulator of this, for them to take whatever action they consider appropriate.

We also work with CMCs to help them improve their service to consumers, we offer sessions on better complaint handling and will be publishing research and thematic reviews which should help identify further steps the industry can take to improve.

We hope this helps explain our process a bit more – feel free to ask us any other questions.

Thanks for your reply.

Although it's correct to say that you are not bound such factors as what decision a court might make or the regulators rules in place at the time, it doesn't paint the complete picture as the Scheme Rules also require that you ''will take [them] into account'' (emphasis supplied).

I would be grateful if you could clarify what you said about ''For example, while it is true that only a court can rule that a contract term is unfair, if we also consider a term was blatantly unfair we have the power to direct an appropriate remedy.''

For you to consider that a term is blatantly unfair, is it a requirement for a court to rule as such?

I ask because the Scheme Rules provide that the Ombudsman can refer a legal question to court if, for example, representations to that effect are made by the complainant and the legal question is central to the outcome of the dispute.

Claims management company (CMC) complaints - ask the ombudsman your question

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