Complain About a Claim's Management Company

tony_cluedo

Hi there. I've had a few loans and credit cards with PPI in the past and have been in the process of reclaiming for the last year. I placed mine with a claim's management company as I was very busy so didn't think I'd have enough time to do it and before I discovered how relatively simple it was thansk to this site.

I had five cases, submitted in March '09. Two were paid out within a couple of months and the refund was used to pay off the remaining balance of the two loans. This left no money to pay the claim's company but one of the remaining PPI claims was for over £7000. I asked if they would accept payment of the first two out of that refund when it was paid and they said yes and I have a letter to that effect from them. That letter is from August '09. All well and good.

I got a call today from their collections department from a guy who said I had to pay now and what could I pay per month as he was going to set me up on a payment plan. He then said if I did not pay he would refer it to debt collectors who would call to my door. I informed him of the letter and he said he didn't think that could be the case. He wanted to know who signed it as it might have come from someone not entitled to make that arrangement. The letter was from their 'Operations Manager'. He then left me on hold for 10mins and came back to say that the name came up on the compamy phone book but no-one knew her. He then tried the matey approach asking me just to pay the whole amount as 'it's only £100'. He then said for the second claim, which I owe them £700, that he'd not ask for any money on it which immediately made me think that he's on commision for that particular debt? Why worry about a much smaller debt?

I think his reasoning was that the time period between when I got the refund and now is too long regardless of the letter. That, however, is their own fault as I recently discovered that they lost the paperwork to the £7000 PPI case. They also claim to know nothing about the goodwill gesture letter I received from the lender despite me sending it to them twice.

Im not arguing about whether I owe them. I do, but am I correct in assuming that if they write to me agreeing to something then they are bound to that?

If they refuse to accept this I'll be complaining to the Ministry Of Justice. Any pointers on that path?

I'd also be interested in knowing whether anyone has got out of a contract with these claims company? Despite my initial good impression of them, they now seem completely disorganised. The other two cases I have, not yet mentioned above, are now with the FOS. One has been looked at and rejected by the FOS. Not that my claims company knows this, they still seem to think it's ongoing. I spoke to the adjudicator in the FOS who rejected it and she said she wrote to them twice in March this year informing them of her decision. The other is still waiting allocation. I also get the same paperwork over and over again to sign with an cover letter claiming they are sorry they have misplaced previous copies.

Could I claim they have breached the contract with their mismanagement? I don't begrudge paying them, but Im doing all the work at the minute making sure the FOS have all the paperwork and the claims company are doing what they should be doing.

All a bit longwinded that but I thought I'd stick it all in one thread rather than start a couple. Basically all I need to know is how to complain to Ministry Of Justice and can I get out of contract due to other sides incompetance.

Cheers.

marshallka

Firstly, what was the CMC called?

melorablack

You can complain to the ministry of justice about a CMC through this link: https://www.claimsregulation.gov.uk/contact.aspx

marshallka

melorablack wrote: »

You can complain to the ministry of justice about a CMC through this link: https://www.claimsregulation.gov.uk/contact.aspx

Not as though they actually do anything though by posts on here.

tony_cluedo

marshallka wrote: »

Firstly, what was the CMC called?

iSmart is the claim's company.

marshallka

There was something about ismart on here. I will take a look and get back to you.

marshallka

Ismart claim to not charge if you do not win. As you have won on the other cases with them and they have not progressed the large one and their agreement was that you paid them from your largest claim then i would think it is in their interest to get things moving perhaps. Have you written to them to say this? I would write to them and say that you have it in writing that they agreed that they get paid when the other claim is completed and they cannot go back on this one and if they do then you shall be contacting MOJ and whoever else (trading standards perhaps) you can.