loancheck/solicitors claiming ppi

marshallka

Don't know if this will help any of you making complaints for bad advice being given by claims management companies.

http://www.justice.gov.uk/consultations/docs/cp0407.pdf

https://www.claimsregulation.gov.uk/__wysiwyg/UploadedFiles/File/MoJ%20Complaints%20Handling%20Rules%202006(1).pdf

lesley65

marshallka wrote: »

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.

Hi Marshallka

sorry if i've confused the situation, i haven't signed with the solicitor that peter said could now carry out the work i am still with the original solicitors that loancheck passed me onto, apparently he said that the reason i now have to pay is because the insurance policy for the no win no fee policy (which was done through a company called focus insurance)
would have covered me for the loancheck audit fee if my claim exceeded £5000 and now it doesn't.
i will read through the terms and conditions of the agreements i sold and post on hear later what i have found out.

thanks again for your feedback

lesley x

marshallka

lesley65 wrote: »

Hi Marshallka

sorry if i've confused the situation, i haven't signed with the solicitor that peter said could now carry out the work i am still with the original solicitors that loancheck passed me onto, apparently he said that the reason i now have to pay is because the insurance policy for the no win no fee policy (which was done through a company called focus insurance)
would have covered me for the loancheck audit fee if my claim exceeded £5000 and now it doesn't.
i will read through the terms and conditions of the agreements i sold and post on hear later what i have found out.

thanks again for your feedback

lesley x

So this solicitor is actually collecting the money on behalf of Loancheck, who originally told you that there would be no charge whatsoever to yourself?

I will look out for your post later about terms and conditions.

fedupwiththeworry

I've now had a letter re one of my 2 cases from my solicitor requesting a meeting so they can take a more detailed statement concerning the sale of the PPI.
They also state that the limitation date is fast approaching although it may be extended to 6 years from the date that they got the details from loancheck but they are not sure.

Unfortuantely I have no transport so cannot attend a meeting but am hoping any questions they have can be answered via email.

marshallka

fedupwiththeworry wrote: »

I've now had a letter re one of my 2 cases from my solicitor requesting a meeting so they can take a more detailed statement concerning the sale of the PPI.
They also state that the limitation date is fast approaching although it may be extended to 6 years from the date that they got the details from loancheck but they are not sure.

Unfortuantely I have no transport so cannot attend a meeting but am hoping any questions they have can be answered via email.

So just to claim back your PPI for you they need a meeting? I would be very wary of this TBH??????? Surely a letter would suffice like we send to firms from here? I wonder why they have suggested "meeting"????

fedupwiththeworry

marshallka wrote: »

So just to claim back your PPI for you they need a meeting? I would be very wary of this TBH??????? Surely a letter would suffice like we send to firms from here? I wonder why they have suggested "meeting"????

They state that at present they do not have sufficient information to take the claim forward and consider a meeting essential to take a more detailed statement concerning the PPI loan.

As far as I can remember I originally filled in all the details on the loancheck website, then completed a form they posted and if I recall correctly, yet another form with more questions some time after.

Some don't know what else is required and as I said hopefully I can answer any questions via email.

Also they said they would have their Legal Executive present at the meeting.

lesley65

marshallka wrote: »

So this solicitor is actually collecting the money on behalf of Loancheck, who originally told you that there would be no charge whatsoever to yourself?

I will look out for your post later about terms and conditions.

hi all

well it looks like i'm well and truly stuffed, have just been reading through the terms of the solicitors letter and it states

"the audit reports will enable my firm to assess the merits of your claim. loancheck require you to pay a fee of £3600.00 for this audit service. my firm will pay the audit fee on your behalf. loancheck will only be appointed to provide the audit reports on your claim once you have signed this letter and any conditional fee agreement with my firm. you are liable to reimburse my firm for the full amount of the audit fee, irrespective of whether you are able to recover the audit fee from the defendant if your claim is succesful or from the insurer, if your claim does not succeed."


my solicitor states in his most recent letter

"ideally your claim needs to be in excess of £5000.00 so that you can bring a claim in the county court fast track scheme. this would entitle you, if successful, to recover all your costs. if the claim is valued at less than £5000.00, then it would be allocated to the small claims track and usually you would not be entitled to recover your legal costs. this does then expose you to winning the case but not recovering your costs and disbursements. any monies that you recover would then effectively be wiped out as you would be liable to repay us the loancheck audit fee as mentioned and in addition we would be entitled to claim from you our reasonable costs"


i could kick myself i feel like i have been taken for a right idiot, i can't i would have gone ahead with all this if i had known that i might have to end up paying anything like what they are asking me to pay but do you know what its been that long since i started all this that i don't quite know anymore. my mother was with me when the gentleman came out for me to sign all the paperwork and she says she can't ever recall them stating anything like that, as far as i was aware i was told it would all be done and dusted within a 9 month period and all costs would be claimed back either via the defendants or through focus insurance.

god what a fool i've been!!!!!!!!!:mad:

still no news from peter, i would love to know what his thoughts and comments are on this as he was the one who introduced me to loancheck in the first place.

lesley x

marshallka

lesley65 wrote: »

hi all

well it looks like i'm well and truly stuffed, have just been reading through the terms of the solicitors letter and it states

"the audit reports will enable my firm to assess the merits of your claim. loancheck require you to pay a fee of £3600.00 for this audit service. my firm will pay the audit fee on your behalf. loancheck will only be appointed to provide the audit reports on your claim once you have signed this letter and any conditional fee agreement with my firm. you are liable to reimburse my firm for the full amount of the audit fee, irrespective of whether you are able to recover the audit fee from the defendant if your claim is succesful or from the insurer, if your claim does not succeed."


my solicitor states in his most recent letter

"ideally your claim needs to be in excess of £5000.00 so that you can bring a claim in the county court fast track scheme. this would entitle you, if successful, to recover all your costs. if the claim is valued at less than £5000.00, then it would be allocated to the small claims track and usually you would not be entitled to recover your legal costs. this does then expose you to winning the case but not recovering your costs and disbursements. any monies that you recover would then effectively be wiped out as you would be liable to repay us the loancheck audit fee as mentioned and in addition we would be entitled to claim from you our reasonable costs"


i could kick myself i feel like i have been taken for a right idiot, i can't i would have gone ahead with all this if i had known that i might have to end up paying anything like what they are asking me to pay but do you know what its been that long since i started all this that i don't quite know anymore. my mother was with me when the gentleman came out for me to sign all the paperwork and she says she can't ever recall them stating anything like that, as far as i was aware i was told it would all be done and dusted within a 9 month period and all costs would be claimed back either via the defendants or through focus insurance.

god what a fool i've been!!!!!!!!!:mad:

still no news from peter, i would love to know what his thoughts and comments are on this as he was the one who introduced me to loancheck in the first place.

lesley x

Lesley, I thought that Loanchecks audit fees were "free".
Did you sign a conditional fee arrangement? I thought everything was free? I would truely get some other legal advice on this one and have you made any complaints at all to the Solicitors regulators.

Its so wrong this is!! I hope that Petermb comes along to put things right here. Has he not been in touch at all? Also there are others on here in the same boat. I really feel for you on this one and hope that someone comes along to post with some sort of help. It seems a few on this thread know things and keep posting "snippets" of information but no-one with anything solid. Utube seemed to know a lot and then have you read the posts by THOMAS of yesterday and today. Really wish we could help but seems that you have signed for this and they have you by the short and curlies. Petermb is your best bet as he actually introduced you to this business.

THOMAS123

marshallka wrote: »

Lesley, I thought that Loanchecks audit fees were "free".
Did you sign a conditional fee arrangement? I thought everything was free? I would truely get some other legal advice on this one and have you made any complaints at all to the Solicitors regulators.

Its so wrong this is!! I hope that Petermb comes along to put things right here. Has he not been in touch at all? Also there are others on here in the same boat. I really feel for you on this one and hope that someone comes along to post with some sort of help. It seems a few on this thread know things and keep posting "snippets" of information but no-one with anything solid. Utube seemed to know a lot and then have you read the posts by THOMAS of yesterday and today. Really wish we could help but seems that you have signed for this and they have you by the short and curlies. Petermb is your best bet as he actually introduced you to this business.

Lesley (and others)

The solicitor here is not being genuine.

Don't presume that because they are sending you these letters and asking for a meeting that what they are saying is correct - they have been negligent!!!

If they took out Focus Insurance they would have entered into a Conditional Fee Agreement with you.

Before they did that they would have to have done a risk assessment of your case to ensure it had a more than 51% chance of success.

As part of this risk assessment they would have had to ensure that the quantum of your claim was greater than £5000.

They would then have taken out a loan to cover the costs of the insurance premium from Focus plus the Court fee and any other legitimate costs. This loan would also cover the Loancheck fee.

However, if you contact Focus insurance they will probably tell you that they did not consider the Loancheck fee to be a legitimate cost.

They will also tell you that the solicitor is responsible for re-paying the loan.

You are allowed to get from your solicitor a statement of costs to find out what they have done to date on your file - you can even get a copy of your file.

I would suspect that little has been done to justify their costs and more importantly what has been done by Loancheck to justify their fees. I would again suspect very little if anything as the arm of Loancheck that should have done this work went bust some time ago.

If you make a complaint to the Law Society now you will probably get better treatment from your solicitor and a more genuine response.

If you don't then please let me know.

Natalie6999

Anyone who is involved with the running & promotion of loancheck should be prosecuted & banned from working in claims management.

It appears that the same names keep on appearing in these so called ethical companies who do not fulfill their promises & rip off clients.

It is time MSE banned anyone who has anything to do with Loancheck & the recruitment of clients from this site.