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Claw Back Commission

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Comments

  • or should I know make a complaint to the FOS?
  • Dr.Shoe_2
    Dr.Shoe_2 Posts: 1,028 Forumite
    Hang on.

    Did he come to your home to sell to you?

    I gather you have a "cooling off " period?

    http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073792577
    [strike]-£20,000[/strike] 0!
  • Quentin
    Quentin Posts: 40,405 Forumite
    Any complaint won't be resolved within 7 days.

    But they could well be bluffing you as from what you have told us they have nothing to show the court that you entered any contract with them.

    If they go as far as issuing a summons, just reply to the court with a defence (that you deny owing them any money at all), and see if they are prepared to take this to a hearing. Before you get as far as a hearing they have to supply you with all documents they intend to use, when you can take further advice if necessary.

    Call their bluff by ignoring this latest demand.
  • huckster
    huckster Posts: 5,310 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Quentin wrote: »
    Any complaint won't be resolved within 7 days.
    Call their bluff by ignoring this latest demand.

    I agree with Quentin.

    You really should not be worried by this. If they were stupid enough to take you to the small claims court, all you would have to do is defend the action and in my opinion you would probably win. More egg on their face!
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • Thanks again. So no point bothering compplaining to FOS?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Not at this stage (have you set this up by making a formal complaint to the broker already?)
  • dunstonh
    dunstonh Posts: 119,819 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I agree with Quentin. It is not uncommon for them to keep the bluff going like this in an attempt to scare you.

    Even if a court summons is issued, you can pay it right up to before going into the court room. Plus, they have to supply evidence of you owing this money. Without the evidence they have no chance of success. Plus, even if they do have evidence, you are only liable for the difference set in the fee agreement and what they have received to date.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • VIGILANT22
    VIGILANT22 Posts: 2,516 Forumite
    Is this the company?
    Salisbury Financial Services Limited
    36a Packhorse Road
    Gerrards Cross
    Buckinghamshire SL9 8EB

    If so....

    https://www.salisbury.co.uk/Resources/SFSRemunerationPolicy.pdf
  • Badger72
    Badger72 Posts: 25 Forumite
    VIGILANT22 wrote: »
    Is this the company?
    Salisbury Financial Services Limited
    36a Packhorse Road
    Gerrards Cross
    Buckinghamshire SL9 8EB

    If so....

    www.salisbury.co.uk/Resources/SFSRemunerationPolicy.pdf

    Correct. So I don't have any agreement in writing. So I should be ok?

    Also, in answer to your question Quentin (Not at this stage (have you set this up by making a formal complaint to the broker already?) - i made a formal complaint to the broker but did nothing with regards to the FOS.
  • Badger72
    Badger72 Posts: 25 Forumite
    Badger72 wrote: »
    Correct. So I don't have any agreement in writing. So I should be ok?

    Also, in answer to your question Quentin (Not at this stage (have you set this up by making a formal complaint to the broker already?) - i made a formal complaint to the broker but did nothing with regards to the FOS.

    ACtually re-read the remuneration doc and it says that the company will give me an option of payment, either fee or commission. Which I don't remember receiving.
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