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

1151618202129

Comments

  • Legal_Ombudsman
    Legal_Ombudsman Posts: 79 Organisation Representative
    david1912 wrote: »
    where do i start i went to this lot as i received a email and with only not long being finished paying into a trust deed in Scotland to clear all my debt i thought it would be nice to then get something back but after they made the claim to my bank on my behalf and not once asking me if i had been in a trust deed. the bank sent me a letter saying my claim was successful but i wouldn't be receiving anything as i still had debt with the bank even after my trust deed was finished. so i contacted HYC to explain this and they said but you have been successful so you need to pay £1606 to them asap. is this right if they never asked me about trust deed can they force this


    Hi David1912,

    Sorry to hear you are having issues with your claims management company (CMC). It would all depend what agreement you had with the CMC and what information was explained to you during the process. We would be happy to discuss this with you in more detail and we could help you with raising a complaint with the CMC if you feel the service provided was poor.

    Please call us on 0300 555 0333 or email [EMAIL="CMC@legalombudsman.org.uk"]CMC@legalombudsman.org.uk[/EMAIL] and we can discuss it in more detail.
    Official Company Representative
    I am the official organisation representative of the Legal Ombudsman service. MSE has given permission for me to post. You can see my name on the organisations with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com"
  • just a quick bit of advise if possible.

    friend of mine has been dealing with professional reclaim services.
    Long story short.
    She asked them to look in to PPI for her except the bank she was already dealing with. She filled in all the documents with the companies she wanted them to contact and specifically didn't include the bank she had already put a claim in with direct and sent them back to them.
    PRS contacted the bank she told them not to deal with (and also didn't sign to say they could deal with it).
    the bank have paid out for the credit card she had with them (not the bank account) and now PRS are claiming that they want the commission on this pay out.
    We have asked for proof that we asked them to deal with it and they can't provide it (as they don't have it) but are now suggesting bailiffs and CCJ to reclaim the money.
    We have always answered the calls to them and asked them for the proof we have asked them to deal with it on every call and asked for a manager to speak to about it as well but never get anywhere.
    We have said we will pay if they can provide us with the signed documents and or call transcripts to say they were authorised to do so thus creating a legally binding agreement.

    we have already complained in writing to them but no response and are now getting daily calls and texts treating debt collectors for the sum of £88.42 and daily charges will be incurred as well.

    What are the next steps with this company.

    from my understanding they used to trade under Harrington Financial but now operate under Professional Reclaim services which is a trading name of Pacific Financial Claims Ltd (company number 09428031)

    Any advise welcome on this before we take it to a solicitor for a cease and desist and then court action against the company for harrassment.
  • Legal_Ombudsman
    Legal_Ombudsman Posts: 79 Organisation Representative
    [FONT=&quot]Hi Ramblingdan,[/FONT]

    [FONT=&quot]Sorry to hear that your friend has had so many problems with their claims management company (CMC). We would ask that they raise these concerns as a complaint with the CMC (which they already have) and then wait 8 weeks to receive a response. After 8 weeks has passed, or if the CMC comes back with a final response before the 8 weeks, and they remain unsatisfied then we can then look into the complaint. [/FONT]

    [FONT=&quot]A lot of it would depend what terms and conditions and contracts were signed with the CMC and what conversations took place around which accounts they were going to claim on.
    [/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]As your friend is getting daily calls and charges we would advise that they give us a call to go through this all in more detail. We may be able to offer some support with the complaints process and could contact the CMC in question. [/FONT]

    [FONT=&quot]If you could ask them to call us on 0300 555 0333 we’d be happy to talk this all over with them. You could also act as their representative if they’d prefer. [/FONT]
    Official Company Representative
    I am the official organisation representative of the Legal Ombudsman service. MSE has given permission for me to post. You can see my name on the organisations with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com"
  • Thanks for your response. I have passed this information on.

    in your reply you say "We would ask that they raise these concerns as a complaint with the CMC (which they already have) and then wait 8 weeks to receive a response'
    Does this mean a complaint has already been logged against them on this situation?
  • [Deleted User]
    [Deleted User] Posts: 35,242
    First Anniversary Photogenic Name Dropper First Post
    Forumite
    No. It means they need to wait 8 weeks from sending in that complaint, before escalating to the Ombudsman if no reply has been received.
  • [Deleted User]
    [Deleted User] Posts: 26,612
    First Anniversary Name Dropper Photogenic First Post
    Forumite
    Does this mean a complaint has already been logged against them on this situation?
    Nothing has so far been "logged" by the Legal Ombudsman. The CMC has eight weeks in which to consider your friend's complaint. At the end of those eight weeks, an Ombudsman referral can be made if there is no response or the response leaves you dissatisfied.

    I wouldn't be engaging any solicitors, by the way..
  • Legal_Ombudsman
    Legal_Ombudsman Posts: 79 Organisation Representative
    Thanks for your response. I have passed this information on.

    in your reply you say "We would ask that they raise these concerns as a complaint with the CMC (which they already have) and then wait 8 weeks to receive a response'
    Does this mean a complaint has already been logged against them on this situation?

    Before we can look at a complaint, you have to have made a complaint to the service provider (CMC) and give them 8 weeks to resolve the complaint. If 8 weeks has passed and you haven't heard back, or they do respond within the 8 weeks but you remain unhappy you can come to us.

    You mentioned that your friend had already complained to the CMC so that is the first step. We'd be happy to talk to them if they'd like any more information.
    Official Company Representative
    I am the official organisation representative of the Legal Ombudsman service. MSE has given permission for me to post. You can see my name on the organisations with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com"
  • Hi all


    I used the Stake Your Claim to get PPI back from Lloyds. This has been going on for years in March 2014 they sent me a letter saying that they had a rejection letter from Lloyds re PPI. I decided to let them take it to the FOS as I was not happy with that at all.


    In April 2016 they sent me a letter to say the FOS notified them that it was likely to be unsuccessful but they may introduce a new rule.


    November 2017 I received a letter from Lloyds saying they were paying me the commission they received from my PPI.


    Now Stake Your Claim want to have a share of this money. Are they entitled to it? After all I still have not received PPI monies and this has been going on since 2012/2013!
  • Carliannie
    Carliannie Posts: 4 Newbie
    edited 23 January 2018 at 1:56PM
    Hi. I was notified in November that i would be receiving a Plevin payment from Capital One. The problem I have is that they sent the cheque to the CMC who are Family Money Savers Limited. They now want a fee for completing an assessment that I never authorized in any way. The original PPI claim was made and rejected around 6 years ago. Any info would be greatly appreciated before I phone them.
  • dunstonh
    dunstonh Posts: 116,044
    Name Dropper First Anniversary Combo Breaker First Post
    Forumite
    Hi all


    I used the Stake Your Claim to get PPI back from Lloyds. This has been going on for years in March 2014 they sent me a letter saying that they had a rejection letter from Lloyds re PPI. I decided to let them take it to the FOS as I was not happy with that at all.


    In April 2016 they sent me a letter to say the FOS notified them that it was likely to be unsuccessful but they may introduce a new rule.


    November 2017 I received a letter from Lloyds saying they were paying me the commission they received from my PPI.


    Now Stake Your Claim want to have a share of this money. Are they entitled to it? After all I still have not received PPI monies and this has been going on since 2012/2013!

    Broadly speaking, where the complaint and redress is a continuous process and the CMC has not ended its service or you have not ended it, then you are liable to pay their cut.

    If, at the end of the FOS process the complaint had been rejected and it ended there, then the CMC service would end there. However, if the complaint goes straight to consideration for a Plevin payout (or is put in a queue for consideration) then the CMC service has not ended.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards