Claims company invoicing for Plevin claim that I pursued independently

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Hi hope someone can advise.
I originally started a PPI claim for Halifax independently using the templates on here. This was unsuccessful. I then tried through the ombudsman which was still unsuccessful. This was back in 2013.
I was then contacted by Help Your Claim who asked if I'd ever had PPI etc. I explained yes but the claim had been rejected by the ombudsman. They said they would still pursue it and may be successful. I agreed, nothing to loose, worth a try. Unsurprisingly this claim couldn't be pursued as it had already been to the ombudsman. ...
Then I heard about the Plevin claims for commission and through Resolver I contacted Halifax again. They said there was no case but offered a goodwill payment of £81.02.
I've now received an invoice from Help Your Claim for £29.17. They've had nothing to do with this claim. Do I have to pay them??

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  • Voyager2002
    Voyager2002 Posts: 15,284 Forumite
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    Write to them explaining that what you received was a goodwill payment rather than settlement of your claim. That should work.

    Under the terms of the agreement you signed, you are obliged to pay this company a 'cut' of anything that you receive in settlement of your claim, but probably this does not apply to a present that Halifax choose to make you.
  • dunstonh
    dunstonh Posts: 116,370 Forumite
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    Unless you signed a new contract with the CMC, they have no right to receive any payment after the original refusal. The contract is deemed to have ended when the original complaint finished with its original outcome.

    This was confirmed by the Ministry of Justice in Aug 2014
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/342291/Claims-management-regulation-business-bulletin-Aug-2014.pdf

    See page 2
    If a CMC seeks further fees from clients where the
    contract has concluded, this may be in breach of
    General Rule 1 which requires you to conduct your
    business with honesty and integrity. It may also be
    considered an act of fraud by false representation
    (Section 2, Fraud Act 2006).
    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.
  • ZanyZoo
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    Great. Good point about the 'goodwill payment', hadn't thought of that. Thanks, let's hope it works!
  • [Deleted User]
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    ZanyZoo wrote: »
    Good point about the 'goodwill payment'
    No. All you need to do is quote Dunston's post above in it's entirety.
    Your original complaint ( for which the Claims Company represented you) remains a failure.
    "The contract is deemed to have ended when the original complaint finished with its original outcome".

    Don't forget to reference the Ministry Of Justice when you contact them..
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