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loancheck/solicitors claiming ppi

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Comments

  • lesley65
    lesley65 Posts: 51 Forumite
    hi again

    i have just been reading through my latest letter again from the solicitor and theres a couple of paragraphs that have alarm bells ringing.
    he states

    "one down side for you is that barclays bank will not advance any further monies on your cases to cover future costs such as court fees upon issue. in all of the circumstances it is our intention to fund those ourselves for you"

    does this mean i will end up being liable for those cases also!!!!!

    he goes on to say
    "the reason i am explaining this in detail is because it is in your interest to allow me to continue to conclude your cases in the best way possible because, as i stated at the outset of this letter, ultimately there is an obligation upon you to repay the audit fee and i am obviously seeking to avoid placing you in a position where you are asked to do that"

    he has already stated that i am liable to do that as the cliam is now under £5000.00 and if i pull out all together i am liable to pay all of his costs.

    "in addition of course i do not wish to be deprived of my own costs in this matter whilst i continue to believe that your case is a case that can be successfully concluded"

    in one of the earlier letters from the solicitor he stated that the loancheck audit fee is £3600 and now he's stating that i owe him £2385.25. if loancheck has gone into liquidation would they still get this payment. i don't know if he will be keeping this himself to try and claw back some of the money that he has laready spent out.

    i really don't know what to do anymore, what started out 2 and a half years ago as hoping to get a bit of money has now turned into a complete nightmare that i am now worried will end up costing me more money.

    i notice that peter has not been on site since last week, wonder why????

    lesley x
  • marshallka
    marshallka Posts: 14,585 Forumite
    lesley65 wrote: »
    Hi getmymoney

    i believe that mu solicitor was pursuing unenforceability and the recovery of secret commission along with the misselling of ppi, this is how they got my claim above the value of £5000, this is so frustrating as i was only ever wanting my ppi payments back. at the time that i started this nearly 2 and a half years ago i was cracking on with it myself when peter introduced himself to me on here via a pm, my son had just been diagnosed a severe epileptic and was quite poorly so i handed it over to peter to sort out for me, stupid stupid stupid mistake i know.

    theres a couple of things that worry me about all of this.

    1. if i pull out of this contract i am liable to pay all of the solicitors costs so far.

    2. i can no longer do any of the claims myself even if i could pull out because of the 6 year limitation period.

    i understand that i should make a complaint to the law society but i'm really worried that i could make matters worse.

    lesley x
    No. 1 lesley is anyones guess? I doubt really and truely that they could make you pay, lets face it something is very wrong in ALL of this. If anything they should compensate customers for what they have done.

    No. 2 As regards the 6 year limitation period IF you were to take this court this could be overuled by "3 years since being aware of the problems".

    I think peter has a lot of answering to do now. I would get some OTHER legal advice. (perhaps your house insurance has a free helpline!!).
  • THOMAS123
    THOMAS123 Posts: 126 Forumite
    edited 6 February 2010 at 7:15PM
    marshallka wrote: »
    No. 1 lesley is anyones guess? I doubt really and truely that they could make you pay, lets face it something is very wrong in ALL of this. If anything they should compensate customers for what they have done.

    No. 2 As regards the 6 year limitation period IF you were to take this court this could be overuled by "3 years since being aware of the problems".

    I think peter has a lot of answering to do now. I would get some OTHER legal advice. (perhaps your house insurance has a free helpline!!).

    Lesley, the solicitor is wholly responsible for the audit fee.

    Barclays would not advance any more fees because the cases were not being progressed - this is not your fault

    Complaining to the Law Society will be your best bet as the content of the letter is incorrect and they will be very keen to learn of how (badly) you have been treated by somebody that they regulate.

    If the Law Society receive a lot of complaints about a particular solicitor then they will interven in the practice and place all of the files with somebody who knows what they are doing and are capable of doing it!

    Remeber, you are the client and he has a duty of care (Rule 1 in the Solicitors Code of Conduct).

    I would suggest that your solicitor may have broken the rules!!!
  • marshallka
    marshallka Posts: 14,585 Forumite
    FOund this whilst googling. Have not read through it completely but may have some "snippets" in

    http://wakabayashifund.com/Solicitors_Guide_to_LoanCheck.pdf
  • maxdp
    maxdp Posts: 3,873 Forumite
    Thanks for that, very interesting
    :mad:
  • maxdp
    maxdp Posts: 3,873 Forumite
    edited 6 February 2010 at 5:51PM
    Here is another link which gives names of all companies involved with Loancheck. Very interesting as it explains as well the CFA.
    http://www.loancheck.eu/pdfs/LoanCheck.pdf
    Sorry blonde moment.............
    :mad:
  • marshallka
    marshallka Posts: 14,585 Forumite
    maxdp wrote: »
    Here is another link which gives names of all companies involved with Loancheck. Very interesting as it explains as well the CFA.
    Where is the link maxdp:)
  • maxdp
    maxdp Posts: 3,873 Forumite
    Have added it:o
    :mad:
  • esmerellda
    esmerellda Posts: 2,237 Forumite
    I think Salop has already been mentioned in this thread but in case not

    Name & Registered Office:
    SALOP CONSOLIDATION LIMITED
    26-28 BEDFORD ROW
    LONDON
    WC1R 4HE
    Company No. 06078237



    spacer.gif


    Type Date Description Order treeMiddleConnector.gif
    treeDocument.gif
    2.17B 22/10/2009 STATEMENT OF ADMINISTRATOR'S PROPOSALS:LIQ. CASE NO.1
    treeMiddleConnector.gif
    treeDocument.gif
    2.12B 03/09/2009 NOTICE OF ADMINISTRATOR'S APPOINTMENT:LIQ. CASE NO.1:IP NO.00008188,00009251
    treeMiddleConnector.gif
    treeDocument.gif
    287 03/09/2009 REGISTERED OFFICE CHANGED ON 03/09/09 FROM:
    GISTERED OFFICE CHANGED ON 03/09/2009 FROM
    LUNESDALE C UPTON MAGNA BUSINESS PARK
    UPTON MAGNA
    SHREWSBURY
    SHROPSHIRE
    SY4 4TT
    UNITED KINGDOM
    treeMiddleConnector.gif
    treeDocument.gif
    MEM/ARTS 25/06/2009 MEMORANDUM OF ASSOCIATION
    ARTICLES OF ASSOCIATION
    treeMiddleConnector.gif
    treeDocument.gif
    CERTNM 20/06/2009 COMPANY NAME CHANGED ZAR WORLD LTD
    CERTIFICATE ISSUED ON 23/06/09
    LegalBeagles
  • marshallka
    marshallka Posts: 14,585 Forumite
    THOMAS123 wrote: »
    Lesley, the solicitor is wholly responsible for the audit fee.

    Barclays would not advance any more fees because the cases were not being progressed - this is not your fault

    Complaining to the Law Society will be your best bet as the content of the letter is incorrect and they will be very keen to learn of how (badly) you have been treated by somebody that they regulate.

    If the Law Society receive a lot of complaints about a particular solicitor then they will interven in the practice and place all of the files with somebody who knows what they are doing and are capable of doing it!

    Remeber, you are the client and he has a duty of care (Rule 1 in the Solicitors Code of Conduct).

    I would suggest that your solicitor may have broken the rules!!!
    Thomas123, if everyone complains to the Law Society then surely they have an obligation to also invetigate how these consumers came to sign contracts with them and all involved "could" be investigated. I would think that the OFT and trading standards need to be informed also, in fact anyone that could help in any way just to be sure that nothing like this happens again to consumers.

    I think it will come back to where we will all be stashing our pennies under the mattress again soon as we will not be able to trust anyone. I remember when the people promoting loancheck were telling everyone that they would not be charged a penny etc and how wrong it was for companies to charge "ANYTHING" at all:eek: and they seemed so convincing. How wrong they have been according to this thread. Really makes you think:think:,
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