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loancheck/solicitors claiming ppi

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Comments

  • marshallka
    marshallka Posts: 14,585 Forumite
    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
    Lesley, just wanted to pull this up for tiggrae as it explains better what you signed in the beginning.
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    morally wrong to have these terms once sided but not legally wrong - most business to consumer contracts are pre-written by the business and usually specific on what happens if you break the terms & conditions but have nothing if they break them and that's where the Unfair Consumer Contract Terms Regulations come into force !!.

    In respect to the specific contract signed - I'd have to read it to see who it's with - if loancheck only then null and void - but they may have written in something sneaky.

    In respect to carrying on with the claim - again if the contract is only with loancheck then you can start your own reclaim as the contract is no longer in place - but again I'd have to read it to see.
    From reading back on here it seems that loancheck etc just purely introduce to solicitors. Your contract is then with the solicitors and not loancheck.
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    marshallka wrote: »
    Lesley, just wanted to pull this up for tiggrae as it explains better what you signed in the beginning.
    again I'd have to look at it - who's headed paper is it on, the terms and conditions 'should' be specific in naming the company and it's company registration number, or the solicitors name / partnership details. If it's a loancheck contract then the solicitor is trying it on. If it's with the solicitor then don't cancel the contract, wait until they've billed then write back saying you belive it tobe an unfair contract term and you've been mis led by the introducer
  • maxdp
    maxdp Posts: 3,873 Forumite
    tiggrae wrote: »
    again I'd have to look at it - who's headed paper is it on, the terms and conditions 'should' be specific in naming the company and it's company registration number, or the solicitors name / partnership details. If it's a loancheck contract then the solicitor is trying it on. If it's with the solicitor then don't cancel the contract, wait until they've billed then write back saying you belive it tobe an unfair contract term and you've been mis led by the introducer

    The terms and conditions are sent through the solicitor. As far as I am concerned the contract is with the solicitor. The solicitor has a contract with loancheck. I will get my t and c out and have a look again tomorrow. I understood that the only time you would incur fees is if you agreed a settlement through your lender or you backed out for whatever reason.
    :mad:
  • Stumbled across this link in googlemail, all looks very familiar

    http://www.money-saver.co.uk/ppi_refunds.php?gclid=CM-b6YWL5p8CFRGX2Aod1hIQHg

    Also oh so simple
  • THOMAS123
    THOMAS123 Posts: 126 Forumite
    maxdp wrote: »
    The terms and conditions are sent through the solicitor. As far as I am concerned the contract is with the solicitor. The solicitor has a contract with loancheck. I will get my t and c out and have a look again tomorrow. I understood that the only time you would incur fees is if you agreed a settlement through your lender or you backed out for whatever reason.

    I'm convinced you're right.

    Also, look at Companies House for the constitution of yourloancheck.com

    They are a not for profit company and limited as to how they can trade.
  • marshallka
    marshallka Posts: 14,585 Forumite
    THOMAS123 wrote: »
    I'm convinced you're right.

    Also, look at Companies House for the constitution of yourloancheck.com

    They are a not for profit company and limited as to how they can trade.
    So if they are a not for profit company then how do they make money? Did the solicitors have to pay Loancheck for the referrals and if they did then surely this is "profit"? This is so confusing?
  • marshallka
    marshallka Posts: 14,585 Forumite
    Stumbled across this link in googlemail, all looks very familiar

    http://www.money-saver.co.uk/ppi_refunds.php?gclid=CM-b6YWL5p8CFRGX2Aod1hIQHg

    Also oh so simple
    That is a Kerobo company??
  • marshallka wrote: »
    So if they are a not for profit company then how do they make money? Did the solicitors have to pay Loancheck for the referrals and if they did then surely this is "profit"? This is so confusing?

    Especially if you give the consumer the impression that you are almost a charity and then charge the solicitor a referral fee!
  • marshallka
    marshallka Posts: 14,585 Forumite
    edited 9 February 2010 at 11:02PM
    THOMAS123 wrote: »
    Especially if you give the consumer the impression that you are almost a charity and then charge the solicitor a referral fee!
    Is this what you mean

    A company limited by guarantee is normally registered for non-profit making functions.

    Don't understand this really but does say "normally"???
    http://www.ukincorp.co.uk/s-18-uk-guarantee-company-formation.html

    But if you look at the old Loancheck that dissolved in 2008 (which is what the people on here used maybe as their claims are 2 years old) it does not say that so maybe it does not apply to old claims and old Loancheck???
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