loancheck/solicitors claiming ppi

fedupwiththeworry

maxdp wrote: »

This is what has been quoted from my solicitor.

WITHOUT PREJUDICE

"Having not received
a satisfactory response from the administrators of Severn (the main
Loancheck Company) we have written to them to terminate this firm’s
agreement with them and inform them that we will now deal with our
clients directly, without any further reference to Loancheck.

We are very grateful to you for your patience in waiting for the
administrators to agree how we may proceed. The whole “Loancheck”
situation has been completely unsatisfactory, but we can now assure you
that we will press on with your claim in the usual way and confirm that
we do not have to have any further dealings with any of the Loancheck
Companies.

With that in mind, I shall review your file after this recent short
delay and report to you shortly on the best way to progress your claim.

Once again, thank you for your patience and I should be grateful if you
would either give me a quick call or send me an email to confirm that
you are happy for me to proceed in this way.
"

I had the same info at the beginning of Jan, chased again last week, still being reviewed apparently

maxdp

Will ring them in morning to see what their updat may be.

lesley65

hi there all
well finally i have heard from my solicitor, he has confimed to me that loancheck has gone into administration, he also said that barclays bank had pulled out of all funding for litigations. he has said that he will continue with my cases just claiming the ppi but this means that i am now liable to pay the loancheck audit fees of £2385.25, i have 5 cases with him and my largest is valued at £2800, the others i don't think will even cover the costs of the audit fees. he says that i must pay the audit fees as the cases are no longer are no longer valued at over £5000, don't quite know what to do now, any help would be greatly appreciated.

lesley x

marshallka

lesley65 wrote: »

hi there all
well finally i have heard from my solicitor, he has confimed to me that loancheck has gone into administration, he also said that barclays bank had pulled out of all funding for litigations. he has said that he will continue with my cases just claiming the ppi but this means that i am now liable to pay the loancheck audit fees of £2385.25, i have 5 cases with him and my largest is valued at £2800, the others i don't think will even cover the costs of the audit fees. he says that i must pay the audit fees as the cases are no longer are no longer valued at over £5000, don't quite know what to do now, any help would be greatly appreciated.

lesley x

Blimey Lesley, what a rip off. Where is petermb for this one?? I cannot believe that you have now been told you have to pay for the audit fees. I thought you signed that you would not be charged anything. I really feel sorry for you being taken for a ride like you have been.

Can i just ask you if you ever tried to claim the PPI back for yourself in the beginning before you ever went to Loancheck? If you did then you will have had a final response from the firms and will not be allowed to complain again for this and also you will not be able to go to FOS as FOS would only accept the complaint within 6 months. If you have not then I would suggest trying to reclaim it yourself (if you can pull out with no fees whatsoever that is but doubtful!!).

Another thing is that these solicitors have probably written to the firms and requested SAR's from them and most likely have all your paperwork. It seems a no win situation and I would certainly get whoever introduced you to these to sort it all out and make them accept some responsibility as to what you may have lost.

marshallka

petermb wrote: »

The Solicitor will reclaim the Loancheck fee as part of their claim. The only time the insurance comes into question is if the case fails. It depends on which insurance companies you spoke to. General AEI insurers or particularly the insurers involved with Loancheck cases.

I was always under the impression that the fee Loancheck charged formed part of the cover but I may be wrong there. Loancheck always insisted on a "real " insurance policy that protected the client.

However, nothing would surprise me any more.

Don't know if this post helps you lesley as it was posted a few weeks ago and the last post on here that peter did.


Peter always came on this site and he assured everyone would not have to pay any fees whatsoever. In fact he knocked firms that charged you anything at all and told everyone it was completely free service and that all fees are levied onto the lenders???

Just who is responsible for this mess then? Its a bit like the brokers/lenders and insurers

THOMAS123

lesley65 wrote: »

hi there all
well finally i have heard from my solicitor, he has confimed to me that loancheck has gone into administration, he also said that barclays bank had pulled out of all funding for litigations. he has said that he will continue with my cases just claiming the ppi but this means that i am now liable to pay the loancheck audit fees of £2385.25, i have 5 cases with him and my largest is valued at £2800, the others i don't think will even cover the costs of the audit fees. he says that i must pay the audit fees as the cases are no longer are no longer valued at over £5000, don't quite know what to do now, any help would be greatly appreciated.

lesley x

you should contact the insurance company to see what they say and maybe loancheck to see what they have done for the money

lesley65

marshallka wrote: »

Blimey Lesley, what a rip off. Where is petermb for this one?? I cannot believe that you have now been told you have to pay for the audit fees. I thought you signed that you would not be charged anything. I really feel sorry for you being taken for a ride like you have been.

Can i just ask you if you ever tried to claim the PPI back for yourself in the beginning before you ever went to Loancheck? If you did then you will have had a final response from the firms and will not be allowed to complain again for this and also you will not be able to go to FOS as FOS would only accept the complaint within 6 months. If you have not then I would suggest trying to reclaim it yourself (if you can pull out with no fees whatsoever that is but doubtful!!).

Another thing is that these solicitors have probably written to the firms and requested SAR's from them and most likely have all your paperwork. It seems a no win situation and I would certainly get whoever introduced you to these to sort it all out and make them accept some responsibility as to what you may have lost.

Hi Marshallka

thanks for your reply.
you're right what a rip off and that is exactly how i feel, completely duped.i did start reclaiming myself with the help from the forums and lots of really good advice from people on here, i was trying to claim the ppi from ocean finance, when they said no i went to the fos who also said no, it was then that peter said that he could help by going after the lender and not the broker and so the story starts or should i say fiasco!!!!!
the trouble i also have now is that because this whole mess has been going on since 2007 i have passed the 6 year period that you can go back for reclaiming.

the most annoying thing is is that i was never being greedy, i only ever wanted my ppi payments back, nothing more nothing less but was told that there was so much more that i could claim for hence why my claims would be worth more than £5000 each, now it looks like i won't even cover the costs of all the loancheck audit fees and will now be in debt, which i truly can't afford.

i did pm peter asking for advice when i wasn't getting any response from my solicitor and he told me to bear with him as he could help sort it out, he was now using a different solicitor that would levy no charges whatsoever to myself and that it should only take 12 - 16 weeks. several pm's later and still no further forward, i have pm'd him with the latest info i have just received from my solicitor and asked his thoughts on this but have had no response from him.

if i have learnt anything from this it is to advise people if they can to pursue their claims on their own with the help from this forum as i hope and pray that other people don't end up in the same mess that i now find myself in.

kind regards to all

lesley x

madelinex

Wow! I've just read through all of this thread. I'm so glad I've decided to pursue mis-sold PPI myself. I also worry about some of the posters and their motives. Naming no names, I wonder if 3 posters are actually the same person. There seems to be an awful lot of advice to 'sit and wait'. I think with the firms of solicitors involved sitting and waiting would be the worst thing. Am I just too cynical?

marshallka

lesley65 wrote: »

Hi Marshallka

thanks for your reply.
you're right what a rip off and that is exactly how i feel, completely duped.i did start reclaiming myself with the help from the forums and lots of really good advice from people on here, i was trying to claim the ppi from ocean finance, when they said no i went to the fos who also said no, it was then that peter said that he could help by going after the lender and not the broker and so the story starts or should i say fiasco!!!!!
the trouble i also have now is that because this whole mess has been going on since 2007 i have passed the 6 year period that you can go back for reclaiming.

the most annoying thing is is that i was never being greedy, i only ever wanted my ppi payments back, nothing more nothing less but was told that there was so much more that i could claim for hence why my claims would be worth more than £5000 each, now it looks like i won't even cover the costs of all the loancheck audit fees and will now be in debt, which i truly can't afford.

i did pm peter asking for advice when i wasn't getting any response from my solicitor and he told me to bear with him as he could help sort it out, he was now using a different solicitor that would levy no charges whatsoever to myself and that it should only take 12 - 16 weeks. several pm's later and still no further forward, i have pm'd him with the latest info i have just received from my solicitor and asked his thoughts on this but have had no response from him.

if i have learnt anything from this it is to advise people if they can to pursue their claims on their own with the help from this forum as i hope and pray that other people don't end up in the same mess that i now find myself in.

kind regards to all

lesley x

Hi Lesley, there is another avenue that you could use and that is reclaiming against the insurer of the policies. FOS is now accepting complaints against insurers/underwriters or trying to make them responsible for the actions of the brokers BUT don't know how you would stand with having the complaint with the solicitor and also them saying you owe them money. I would certainly report all involved in your "fiasco" TBH to the OFT, MOJ, Trading Standards, Solictors authority or whoever deals with solicitors complaints and see where that gets you first before allowing this new solicitor to tell you that you have to pay. There must have been contracts signed and did you actually sign for this to be handed over? If you did not then I cannot see how you are contracted to anything. Peter always said on here that this would never result in ANY costs to the client. You really need to work fast on this one Lesley and get all the help you can.

Perhaps going through the terms and conditions of what you actually signed will have the answers. Get back with whatever you put your signature against and maybe we can help on here. It should not have been allowed on a forum like this and someone has to take the blame. I would be so annoyed if I was landed with bills like you have been for work that they say they have done. If its only PPI you want back then FOS can help you perhaps. Its just annoying that you have been put in this position.

THOMAS123

Lesley (and others)

The Solicitors Regulation Authority (SRA) have specific rules relating to client care and below is an extract.

(2) Where you are acting for the client under a conditional fee agreement, (including a collective conditional fee agreement) in addition to complying with 2.03(1) above and 2.03(5) and below, you must explain the following, both at the outset and, when appropriate, as the matter progresses:

• (a) the circumstances in which your client may be liable for your costs and whether you will seek payment of these from the client, if entitled to do so;
• (b) if you intend to seek payment of any or all of your costs from your client, you must advise your client of their right to an assessment of those costs;
  

I expect the solicitor has not complied with these rules therefore if you contact theSRA they will no doubt explain to you that you are not liable for these fees