Companies in Default/FSCS Claims - Picture, London Scottish, Twopart

busbyh

Lynnie123 wrote: »

Think I will have to fight this one, thought as it was a Solicitor I was disputing this with wouldn't have a leg to stand on - but I think differently now. Mind you, never thought I'd win this Picture fight either!!!! I think I'm what you call a pesimist!!!!:D:D

I thought Picture was just "a shot in the dark" to be honest, even when we rcd cheque, it was surreal;);)
Don't let Solicitors bother you, they can be the biggest rogues:mad::mad: they tend to think people are "in awe of them" and will not question their actions, in fact they count on this;) Be firm and assertive when you ring them and don't take any "c**p" from them:D

di3004

Lynnie123 wrote: »

Thaks Di,
You are a lovely lady. Everyone on here is so friendly and helpful, wish i'd joined earlier. You have given me the hope to fight this.:o:o

You too are lovely.......:A and thank you. X;)

Your here now that's the main thing and will get through this.:beer:

busbyh

marshallka wrote: »

Thanks for the comments busbyh. I think Lynnie has a very good chance of getting the £7k wiped but she needs to act fast. I hope the FSCS can stop the cheque for now. I also think it sounds like Lynnie should have been informed of the fees incurred and whether she wanted to pursue the claim further "knowing" the fees. Also as she was introduced by a firm she also need to have a read through the post about the referral codes above and whether Seven Marketing actually did all they should have done. If they actually cold called I don't think that would have been allowed. I would think that this may be a case of her arguing this amount and them coming back with evidence to the contrary and I doubt they have it and they will know they will not stand a chance. I just hope so anyway.

I may be wrong, but maybe they didn't contact Lynnie as they knew picture had gone bust. But now they know the cheque is on the way to them,
From the info you have given her, I really do think she can win with this.:A
What do you think the chances are of FSCS stopping the cheque, under the circumstances

busbyh

Di, there is a programme on BB2 on dementia!

busbyh

Lynnie123 wrote: »

You are great at this. When I got this document to sign I telephoned and asked them what the fees were likely to be. It was then over the phone that they told me I would only pay if claim was under £5000 as over that would be claimed back from Picture. They contacted Picture, then, obviously sent the claim to fscs when they went into default, instructing them to return the cheque to themselves (obviously so they coud deduct their fees at source). At no point did they send me a written copy of what they fees were likely to be.!!!!!!!:eek:

A verbal explantion is not legal and binding:mad:

busbyh

marshallka wrote: »

this is the solicitors introduction and referral code here which they claim to adhere to
http://docs.google.com/viewer?a=v&q=cache:ptzzgm-v84ij:www.lawsociety.org.uk/documents/downloads/pe_introductionreferralcode.pdf+solicitors+introduction+and+referral+code&hl=en&gl=uk&pid=bl&srcid=adgeesi1dfvqcwkt8lfgxdna9m5x0ocaq19yeh0r1fycf-5gtfp7uo3dky_nqkhmzhmrexaq-lhqjotf6lincr6qkoaf8jvpavamrntuhrbpwzfghmz2oioxxkh4bha9d3mto_osl9vw&sig=ahietbtvd0d4glhb3qzbbbiwntuk8xo0gg



section 2(a) here says
section 2a: Payments for referrals
(1) a solicitor must not make any payment to a third party in relation to the introduction of clients to the solicitor, except as permitted below.
(2) solicitors may enter into agreements under this section for referrals of clients with introducers who undertake in such agreements to comply with the terms of this code.
(3) a solicitor may make a payment to a third party introducer only where immediately upon receiving the referral and before accepting instructions to act the solicitor provides the client with all relevant information concerning the referral and, in particular, the amount of any payment.
(4) the solicitor must also be satisfied that the introducer:
(a) has provided the client with all information relevant to the client concerning the referral before the referral took place and, in particular, the amount of any payment;
(b) has not acquired the client as a consequence of marketing or publicity or other activities which, if done by a solicitor, would be in breach of any of the solicitors' practice rules and in particular by “cold calling”; and
c) does not, under the arrangement, influence or constrain the solicitor’s professional judgement in relation to the advice given to the client.
5) if the solicitor has reason to believe that the introducer is breaching terms of the agreement required by this section the solicitor must take all reasonable steps to procure that the breach is remedied. If the introducer persists in breaches the solicitor must terminate the agreement in respect of future referrals.
(6) a solicitor must not make a referral payment if at the time of the referral the solicitor intends to act for that person with the benefit of legal aid, or in any criminal proceedings.
(7) for the purpose of sub-section (1) above, a payment includes any other consideration but does not include normal hospitality, proper disbursements or normal business expenses.

well done marshallka

Lynnie123_2

busbyh wrote: »

I may be wrong, but maybe they didn't contact Lynnie as they knew picture had gone bust. But now they know the cheque is on the way to them,
From the info you have given her, I really do think she can win with this.:A
What do you think the chances are of FSCS stopping the cheque, under the circumstances

Busbyh it was Seven Marketing that "cold called". They rang me out of the blue, asking me if I wanted to make PPI claims. On agreeing I had to pay a fee for each claim for paperwork. Next thing I know they had handed my case file over to Chatwins and I got the paperwork mentioned earlier to complete. Only things I got after that were letters to say they had sent claim to Picture, then that they had sent claim to fscs. NO MENTION OF FEES!!

marshallka

I think the best bet here for Lynnie to do is first ring the FSCS and explain things and get the cheque stopped and disputed. Then i think to go down the correct complaints procedure within the solicitors contract which is on PDF 3 I think. I would just see what they say and take it from there but use the quotes from their own "codes" and what they have done wrong etc. i.e. not informing you of the fees etc, not having to do ANY actual work other than to forward a form to the FSCS. Get them to detail all what they say they have done etc.

busbyh

pinknico wrote: »

Anyone read 30% anywhere?

I certainly haven't pinknico. they are definately a bit dodgy to say the least. They obviously thought Lynnie was just going to accept what they said. Didn't count on MSE site did they:D:D

di3004

busbyh wrote: »

Di, there is a programme on BB2 on dementia!

Thanks hun........:beer: