loancheck/solicitors claiming ppi

THOMAS123

marshallka wrote: »

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:,

I agree - maybe one as well for people to approach their MP as the Government control these companies (via the MOJ) and pressure could be brought to bear.

lesley65

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!!!

Hi THOMAS123

the thing that i am worried about is that i have signed to say that win or lose i would be liable to pay the audit fee, when i questioned this i was told not to worry about this as all charges/fees are claimed back from the lender (obviously this was only verbal, nothing in writing) so even if i do complain i feel like i won't have a leg to stand on. i think that i have again been mis sold this agreement, very much the same way that i was mis-sold the ppi that these people are trying to get back for me.

i will call my solicitor tomorrow and question him on this and see what response i get, he has told me that he can definately get the ppi back for me but then when i have paid the audit fee back to him i will be left with a few hundred pounds whilst he will have gained a couple of thousand.

i know alot of people on here have problems with watsons solicitors but have heard no one complaing about the solicitors that i am with so would just my complaint make any difference.

i would like to take this opportunity to thank everyone on here for all their help and support, i wished i hadn't been so vunreable when i passed this on for loancheck to sort out, its all ifs and buts at the moment but i suppose hindsight is a wonderful thing.

lesley x

marshallka

THOMAS123 wrote: »

I agree - maybe one as well for people to approach their MP as the Government control these companies (via the MOJ) and pressure could be brought to bear.

I doubt MP's are going to have much sympathy for people in the area of what companies like these were about as people on here were encouraged to void or make their loans unenforceable in the beginning. Admittingly, most only wanted their PPI back and some could not use FOS for it but there was always the options of the courts and section 32 could be overcome couldn't it?? Some could look at it as people got too greedy and deserve all they get. I am not saying that it was right or wrong but I do know that some on here were "just looking for a way out their debts". Others on the other hand were just scared of using the courts for their PPI and getting something back this way (right or wrong) was their only way.

It was a grey area wasn't it and although "some" feel it is right to loan money and then not pay it back for flaws in agreement I doubt it would be fought in parliament would it!! As regards the firms, yes, they should be closed down as they are no better than the firms they slate on here daily. Perhaps a class action is another way for this to go. MOJ should really do more but I think that they are acting on this now from what we see. It should be though whereby the directors of these companies (and all other involvements too if proved to know things) are also banned from working in this area.

Just who can you trust.

THOMAS123

lesley65 wrote: »

Hi THOMAS123

the thing that i am worried about is that i have signed to say that win or lose i would be liable to pay the audit fee, when i questioned this i was told not to worry about this as all charges/fees are claimed back from the lender (obviously this was only verbal, nothing in writing) so even if i do complain i feel like i won't have a leg to stand on. i think that i have again been mis sold this agreement, very much the same way that i was mis-sold the ppi that these people are trying to get back for me.

i will call my solicitor tomorrow and question him on this and see what response i get, he has told me that he can definately get the ppi back for me but then when i have paid the audit fee back to him i will be left with a few hundred pounds whilst he will have gained a couple of thousand.

i know alot of people on here have problems with watsons solicitors but have heard no one complaing about the solicitors that i am with so would just my complaint make any difference.

i would like to take this opportunity to thank everyone on here for all their help and support, i wished i hadn't been so vunreable when i passed this on for loancheck to sort out, its all ifs and buts at the moment but i suppose hindsight is a wonderful thing.

lesley x

Hi Lesley

Any complaint will make a difference so it's worth it.

Also, the solicitors are only allowed to pay for the Audit fee if it is considered a legitimate charge.

It is a matter for your solicitor to advise you on the legitimacy - ask them to confirm to you that the Loancheck fee is legitimate and if so what proof do they have that fees of this size have been recovered before.

If they paid these fees out in the first place they should have answers otherwise you can say they negligently entered into this arrangement and that this fee is just a referral fee andthat makes the solicitor responsible.

I am sure you will win that argument (others have).

marshallka

THOMAS123 wrote: »

I am sure you will win that argument (others have).

How would you know that, that (others have)????

marshallka

Just had another thought here for all those that are at threat of costs incurred through solicitors. Perhaps you could request a SAR from Loancheck/or whoever did any work on their behalf and they would have to supply it wouldn't they under the data protection act???? You can then see how your cases were "worked" on from day one.

maxdp

marshallka wrote: »

Just had another thought here for all those that are at threat of costs incurred through solicitors. Perhaps you could request a SAR from Loancheck/or whoever did any work on their behalf and they would have to supply it wouldn't they under the data protection act???? You can then see how your cases were "worked" on from day one.

What a good idea. Would that work the same as it does for financial institutions? Did somebody state somewhere on here that the Solicitors hold the data protection and that is how we are covered. I think though that all the details are kept on the LOANCHECK solicitors computer database.?

THOMAS123

marshallka wrote: »

How would you know that, that (others have)????

Because for years solicitors have been trying to recover referral fees as disbursements and failed.

Where these fees have not been recovered they have always been unable to pass the charge onto their clients

marshallka

THOMAS123 wrote: »

Because for years solicitors have been trying to recover referral fees as disbursements and failed.

Where these fees have not been recovered they have always been unable to pass the charge onto their clients

But surely the solictors would have taken insurance out for this sort of thing? After all they are solicitors???? ALso what about all them that the solicitors "ASK" for payment from and they actually pay it over not knowing?

THOMAS123

marshallka wrote: »

But surely the solictors would have taken insurance out for this sort of thing? After all they are solicitors???? ALso what about all them that the solicitors "ASK" for payment from and they actually pay it over not knowing?

The insurance only provides cover for claimant disbursements and the other sides costs.

If any fees are not disbursements they will not be covered.