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

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Comments

  • What you are telling us is that you bought worthless PPI without checking what you were buying first.

    You then bought the, frankly, worthless services of a CMC without checking what you were buying first.

    There seems to be a pattern emerging here.

    I do not like CMCs at all and dislike the one you used in particular. However, unless you can show that the charges were not disclosed to you up front it looks like you will have to pay.

    Next time check what you are buying before you sign up to it.
  • Hi after being hounded with what are really nuisance calls i reluctantly agreed to a company called Goldman Smith to look into any ppi i may of been entitled to, this was so i thought to silence them. However i never went any further with the process, I told them i did not want to because i just couldn't deal with the constant stress of calls,texts and letters. They have for the last 6 months been like a dog with a bone sending me texts, letters and calling several times a week which i have ignored. however now i am being threatened with court action as i have apparently wasted there time as they had started the initial sar searches of something. I really don't understand this but it is making me ill with the stress of worrying about court action. I have never had anything like this, i am a widowed parent of 2 children and just don't need this. Apparently i signed something at the beginning - which i did request a copy of for proof and yes i did it seems although i don't recall. there is only a 14 day cooling off period apparently and i asked to cancel outside of this so they can charge me £600. I have no means of paying this and i have tried speaking to them but got nowhere, ignoring it is not making it go away either. Can you advise if there is anything i can do as i do not feel this is right. Thank you
  • dunstonh
    dunstonh Posts: 116,296 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    raboxo wrote: »
    Hi after being hounded with what are really nuisance calls i reluctantly agreed to a company called Goldman Smith to look into any ppi i may of been entitled to, this was so i thought to silence them. However i never went any further with the process, I told them i did not want to because i just couldn't deal with the constant stress of calls,texts and letters. They have for the last 6 months been like a dog with a bone sending me texts, letters and calling several times a week which i have ignored. however now i am being threatened with court action as i have apparently wasted there time as they had started the initial sar searches of something. I really don't understand this but it is making me ill with the stress of worrying about court action. I have never had anything like this, i am a widowed parent of 2 children and just don't need this. Apparently i signed something at the beginning - which i did request a copy of for proof and yes i did it seems although i don't recall. there is only a 14 day cooling off period apparently and i asked to cancel outside of this so they can charge me £600. I have no means of paying this and i have tried speaking to them but got nowhere, ignoring it is not making it go away either. Can you advise if there is anything i can do as i do not feel this is right. Thank you

    I will start with the telling off. You really need to stop entering contracts just because you are being sold to. You need to learn to say no. You are never going to meet these cold callers in person. Most cold calls are scammers or dodgy or from people you do not want to deal with. Hang up and do not engage with them in future. Some phones have an auto-block function (mine does) and it is great. Registering for TPS also helps.

    You have entered into the contract and left it longer than 14 days. So, they have a right to charge you as per the contract terms. You are probably best at this stage to let them complete the process if it is a no win, no fee service.
    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.
  • Thanks, yes i should of read the conditions better i accept that is my fault. i have never engaged in anything like this before and do not make any habits of entering contracts i was just caught at a weak moment. I take it there is little i can do, i want no further dealings with these people so don't intend to pursue any process.
  • raboxo wrote: »
    i want no further dealings with these people so don't intend to pursue any process.
    Unless you want to pay them £600 for nothing (or end up in court), I'd fill in their forms and let them progress with whatever complaint you might have.
    If your complaint fails, you'll owe nothing to anyone.

    If it succeeds at least most of the redress will be yours to keep even though you'll still have to pay their fee.
  • I am currently using a CMC which have now started calling me to sell me critical illness cover. They are calling me at work and frankly getting right up my nose. They started by asking me if I was missold cover for illness and as I have a policy I explained who I was with I was then put through to a salesman who tried to sell me :mad: additional cover. Be warned everyone
  • I am currently using a CMC which have now started calling me to sell me critical illness cover. They are calling me at work and frankly getting right up my nose. They started by asking me if I was missold cover for illness and as I have a policy I explained who I was with I was then put through to a salesman who tried to sell me :mad: additional cover. Be warned everyone

    Can you please name the CMC as this will help us to give more detailed guidance based on their regulatory status with both the MOJ and FCA.

    This may sound odd but if they are trying to actually sell insurance they need to either be authorised by the FCA or an Appointed Representative of somebody who is. That would put the matter in the jurisdiction of FOS.

    In my experience, the FCA and FOS are more likely to use their teeth than the MOJ and Legal Ombudsman.
  • JohnS303
    JohnS303 Posts: 1 Newbie
    First Anniversary
    edited 22 October 2016 at 10:30AM
    Hi and thanks for having me on the forum.

    I'm looking for some help with The Claims Guys. I recently requested a PPI pack be sent to me to investigate if I had any accounts that they could help me with. I completed the various initial forms to start the process and the over the next couple of weeks received a variety of additional forms saying I had missed out vital information.

    I then had a text from an old bank asking me to get in touch about 3 PPI claims which I did. Several weeks forward and on the 13th of Oct I had a letter from my bank and one from Claims Guys.

    1. Bank - dated 13th Oct - offer of £6500, £1200 & £120 for the 3 accounts.

    2. Claims Guys - letter dated 13th Oct saying the paperwork was missing vital information from my claim including signature - the part missing is the Letter Of Authority, I've kept this and haven't signed it.

    I've now returned the bank offer direct to the bank accepting but I've had endless calls from the Claims guys and now today - 21st Oct letters wanting £3000 approx in fees for the above and again asking me to sign and agree then return the paperwork, which I haven't.

    My question is, based on the fact that I have a letter saying I didn't complete the paperwork correctly from Claims Guys, where do I stand on having completed the claim directly with the bank on not paying the fees?

    I have written to TCG's with a complaint and asked for an investigation to begin but they are calling me multiple times a day chasing me for payment I haven't actually had yet from the bank.

    Thanks in advance
    J
  • dunstonh
    dunstonh Posts: 116,296 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    If you entered in the contract then you are almost certainly liable to pay for them if it is form (rather than the contract) that was incomplete. If the contract wasnt signed then technically, you didnt enter in the contract correctly. However, if you went on to use their services without the contract being signed, that could possibly lead you to be liable for some costs. That is more of a legal issue.
    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.
  • Legal_Ombudsman
    Legal_Ombudsman Posts: 79 Organisation Representative
    [FONT=&quot]Thank you for your query.
    [/FONT]
    [FONT=&quot]An important factor will be on what basis the Claims Guys were instructed and whether you signed the contract agreeing for the company to act on your behalf. We would also need to ask the Claims Guys for evidence of what work they carried out on your behalf. The contract is usually, but not always a separate document to the Letter of Authority which we note you did not sign. Please note that by not signing the Letter of Authority this does not automatically mean you are not liable for the Claims Guys fees. [/FONT][FONT=&quot]
    [/FONT]
    [FONT=&quot]We would require some further information and carry out a review of the evidence to determine if the Claims Guys can reasonably charge their fee.
    [/FONT]
    [FONT=&quot]Once you have raised a formal complaint the Claims Guys should provide you with their final response with eight weeks. We would suggest you call us on [/FONT][FONT=&quot]0300 555 0333 and select option 1 [/FONT][FONT=&quot]and we will be able to discuss this with you further and advise you of your options. [/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"
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