Claims management company (CMC) complaints - ask the ombudsman your question
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Sorry to jump onto this thread but unsure where to put my query
Again, not this thread...Can I claim for PPI on barred statue debt?
yes you can.I don’t mind the money going to pay off the debt cos that’s the right thing to do but I am worried I will reset the 6 years.
It cannot reset the debt. However, the lender can set off the redress against the unpaid debt.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.0 -
I had credit cards with Capital One, Barclaycard and Halifax in the late 90's/early 00's - all of which I maxxed out - all of which I am still paying off now.
Having moved several times over the past 15 years I have no original documents relating to any of these accounts and couldn't even say an exact year of acquiring each card.
Given this; how can I ever know if I had PPI or was ever mis-sold it?
I'm waiting for the deadline to run down and then I can just forget about something, that to me, seems out of reach.0 -
Given this; how can I ever know if I had PPI or was ever mis-sold it?
You ask the card providers. if they say you had it, then you give them your reasons for complaint.I'm waiting for the deadline to run down and then I can just forget about something, that to me, seems out of reach.
it's really easy. Most providers have a telephone line dedicated to PPI on their website. You ring them and ask them if you had PPI. They take some details and tell you. If you then believe you were missold, you give them the reasons why you were missold. Its not intimidating or difficult. The people answering the phones are dealing with people like you all the time.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.0 -
We are seeing a lot of posts from people who are being chased for fees by CMCs in respect of plevin refunds. This is despite the complaint rejection being many years earlier and the CMC having nothing to do with it.
The rules are clearly stated here:
https://www.gov.uk/government/publications/claims-management-companies-plevin-guidance/plevin-guidance-for-claims-management-companies
You should ensure that you have sought clients!!!8217; instructions to act on their behalf in relation to the complaint on Plevin grounds. You are likely to require a new Letter of Authority from your client if you have not previously raised Plevin grounds, the complaint was rejected more than six months ago, and it has not already been referred to the Financial Ombudsman Service. You must ensure that you have the appropriate consent to contact the client before doing so.
And the MoJ said back in 2014:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/342291/Claims-management-regulation-business-bulletin-Aug-2014.pdf
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).
The posts from people on this site see The Claims Guys are frequent offenders. Can you offer any guidance to what people should do when receiving an invoice from CMCs requesting fees they have no entitlement to?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.0 -
Just adding a quote from yourselves to highlight that Dunston's post above is addressed to you...Legal_Ombudsman wrote: »The Legal Ombudsman is here to answer your CMC queries and concerns.0 -
We are seeing a lot of posts from people who are being chased for fees by CMCs in respect of plevin refunds. This is despite the complaint rejection being many years earlier and the CMC having nothing to do with it.Can you offer any guidance to what people should do when receiving an invoice from CMCs requesting fees they have no entitlement to?
[FONT="]In the first instance, customers can complain to their CMC that, as they have had no involvement in the Plevin refund, they are not entitled to their fee. The usual 8 weeks then apply, before they can bring their complaint to us.[/FONT]
[FONT="]If the CMC issue court proceedings against the customer for recovery of the fees, they may want to consider paying these under duress, and on the basis that it doesn’t resolve their complaint OR they may want to issue a defence and counterclaim on the basis that the CMC is not entitled to their fees.[/FONT]
It would all depend on what the CMC was instructed to carry out by the customer, if [FONT="]anyone has any queries on a specific case, we’d be happy to discuss these - you can call us on 0300 555 0333 or email [EMAIL="cmc@legalombudsman.org.uk"]cmc@legalombudsman.org.uk[/EMAIL]. [/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"0 -
Hi,
I am looking for some help. I dealt with claim4you in 2016. I raised a complaint late oct 2016 which then went to yourselves and it was settled in January 2017. I had a rejection letter from the Halifax for PPI in 2016 which I have a copy of and a letter from Claim4you LTD confirming it was rejected. As part of my complaint I was told that my business with them was finished.
Following Plevin rules Halifax have written to me and advised although they have stated my PPI was not missold they have awarded me money under the new Plevin regs :j
I have had a text and an invoice from Claim4you stating I now owe them money.
I have sent them a complaint 20.03.2018 followed up 21.03.2018 with evidence stating that plevin was not part of the original T's and C's. In an email I have from Jan 2017 states as follows
"Id strongly recommend appealing with the FOS for the credit card if you believe you would have not needed help making the credit card repayments, you can do this yourself and do not need to use Claim4you or any other claims management for this. If you look on their website there should be some advice on there but I’ve attached the forms we use, I believe I’ve deleted all our information but would just double check before you send it. You’ll need to send a copy of the rejection letter too, if you need another copy of this just let me know."
As it was rejected and that it has been over a year and going on the emails I have from the complaints manager should I be paying them money?
thanks in advance.
Natasha0 -
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Hello, I really hope that someone can assist me, this complaint seems very similar to the one above about the Halifax but I would like to get some clarification before I go ahead and contact the claims company who dealt with the original PPI claim.
Here goes....
Letter received from Halifax stating that they do not believe that PPI was mis-sold, however, they have agreed that an unfair relationship was created during the sale of the the PPI policy. Halifax send a cheque for £2382.03.
The claim company who at this point shall remain nameless contacted us with an invoice for their payment from this agreement. Husband then paid this amount to the claims company. I questioned them and they stated that even though this payment was as a result of the Plevin case and NOT PPI, this money would not have come to us if they had not have contacted the Halifax originally about the PPI claim, therefore they were owed their share.
Do we have a case to get the money back from them which they demanded be paid? They were rather insistent that it be paid otherwise they would take legal action.
Thank you for any advice given.
EDIT - I can see from the recent posts that it looks as though the CMC have no right to claim their commission on this amount and so am I within my rights to request this money back from them?0 -
EDIT - I can see from the recent posts that it looks as though the CMC have no right to claim their commission on this amount and so am I within my rights to request this money back from them?
If the rejection went straight to Plevin then the CMC can bill you.
If the rejection led to the case put on hold pending the FCA decision on Plevin then the CMC can bill you.
If the rejection was from before plevin was an issue, then the CMC should not bill you unless you entered into a new contract with them .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.0
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