Portal Claims - overcharging!

sarahcolin1998

Just to conclude my original message, I have now had a call from the Ministry of Justice and basically there is not a lot I can do. However, if I feel the the charges were not properly explained at the time then I can take it further to the County Court, but basically I cannot afford to take this gamble, it's my word against Portals!

I will just have to pay up and hopefully make as many people aware as possible to try and claim their PPI's back themselves.

Thanks for your responses.

sarahcolin1998

PortalTim wrote: »

Couldn't agree more. The best thing for people to do IS to make a claim themselves, but the reality is that there are many people who either simply want some one else to do it for them or don't know they can claim until they see one of our adverts or will not make a claim unless their situation is explained and a solution suggested to them.

As for our fees, I have made every effort to make our fee structure as clear as possible. On top of spelling out what our fees are on our website and in our T&C's, I've also put in place a team who's job it is to call every one of our customers to verbally explain to them our fee structure (this was put in place about 8 weeks ago). I'm open to suggestions as to what else I can do, with in reason?

Tim
Portal Claims

If this was put in place only 8 weeks ago, then surely that confirms that the charges were not explained properly to me! I still wouldn't recommend Portal!

PortalTim

sarahcolin1998 wrote: »

If this was put in place only 8 weeks ago, then surely that confirms that the charges were not explained properly to me! I still wouldn't recommend Portal!

That would only be the case if we hadn't already spelt out our fees on the web site, in the T&C's etc. What it actually shows is that we are continually striving to offer better and better service.

sarahcolin1998

PortalTim wrote: »

That would only be the case if we hadn't already spelt out our fees on the web site, in the T&C's etc. What it actually shows is that we are continually striving to offer better and better service.

If you have spelt out the fees so clearly in your T&C's and on website, as you claim, then why the need for personal telephone calls?? Seems to be that you knew your fees were never properly explained and now your having to do something about it. Like I stated in my complaint, companys like yours are no better than the banks - overcharging without properly advising people.

Please, as many people as possible, please, please, please use Martin's letter templates and claim for yourselves and keep EVERY penny that is rightfully yours and do not allow a claims company to take it!

magpiecottage

sarahcolin1998 wrote: »

This is what their T&C's state

"Compensation" means the aggregate of any sums paid, awarded or waived at the time of such payment, award or waiver that would not have been paid, awarded or waived if the claim had not been made. This includes all charges or fees recovered plus interest, premiums & interest paid to the date of settlement, statutory interest payable on each premium to the date of settlement and any other amount, including rebates or any reduction of debt as a result of Portal Claims submitting a complaint.

I have received a letter in response to my complaint and it just basically tells me that it's all in their T&C's & I have to pay!

The words "to the date of settlement seem to preclude them from charging in respect of any premium AFTER the date of settlement.

As a general rule, a Court would take the view that it if a contract is ambiguous it would be interpreted against the party that wrote it.

There is also an argument that charging in respect of future premiums (which you could avoid simply by cancelling the contract - if you have not already done so) is an unfair term in a consumer contract.

There is ONE loophole that could be used and that is if the compensation included a refund of the unexpired portion of a single premium policy.

Otherwise, you are not the first person I have come across this week who has contacted the MoJ and got duff information.

sarahcolin1998

Thanks Magpie (but I'm abit confused, sorry).

In anyone's opinion, is this worth taking to the county court?? I have never done anything like that before, so just don't know what to do! :undecided

PortalTim

magpiecottage wrote: »

The words "to the date of settlement seem to preclude them from charging in respect of any premium AFTER the date of settlement.

As a general rule, a Court would take the view that it if a contract is ambiguous it would be interpreted against the party that wrote it.

There is also an argument that charging in respect of future premiums (which you could avoid simply by cancelling the contract - if you have not already done so) is an unfair term in a consumer contract.

There is ONE loophole that could be used and that is if the compensation included a refund of the unexpired portion of a single premium policy.

Otherwise, you are not the first person I have come across this week who has contacted the MoJ and got duff information.

Yes, but the sentence after that reads 'Any other amount, including rebates, written off the loan after Portal Claims has submitted a complaint to the advising firm' . How much clearer can we be?

I'd be interested to hear how, as an expert in compliance how you would go about making our T&C's clearer than they already are?

sarahcolin1998

PortalTim wrote: »

Yes, but the sentence after that reads 'Any other amount, including rebates, written off the loan after Portal Claims has submitted a complaint to the advising firm' . How much clearer can we be?

I'd be interested to hear how, as an expert in compliance how you would go about making our T&C's clearer than they already are?

Just trying explaining clearly over the phone when you cold call people for their custom, it is not difficult!

PortalTim

sarahcolin1998 wrote: »

Thanks Magpie (but I'm abit confused, sorry).

In anyone's opinion, is this worth taking to the county court?? I have never done anything like that before, so just don't know what to do! :undecided

Sarah, I'm quite relaxed about you to taking us to court, but I can promise you that our T&C's have been tested in court several times and are highly robust.

Let me explain our thinking re fees written off your loan. If we make a claim and get an award of £2k with you getting £1k up front and the loan being reduced by £1k, over the period of the loan you will enjoy the benefit of the money reduced off your loan. So over the period of your loan you will recieve a benefit of £2k as a result of the complaint made by us. Rather than takeing us to court, losing and costing yourself a load time and money, why not call our collections team and arrange to pay part of the fee up front and the rest over a period of few months? Our aim as a company is to be upfront, fair and flexible.

sarahcolin1998

PortalTim wrote: »

Sarah, I'm quite relaxed about you to taking us to court, but I can promise you that our T&C's have been tested in court several times and are highly robust.

Let me explain our thinking re fees written off your loan. If we make a claim and get an award of £2k with you getting £1k up front and the loan being reduced by £1k, over the period of the loan you will enjoy the benefit of the money reduced off your loan. So over the period of your loan you will recieve a benefit of £2k as a result of the complaint made by us. Rather than takeing us to court, losing and costing yourself a load time and money, why not call our collections team and arrange to pay part of the fee up front and the rest over a period of few months? Our aim as a company is to be upfront, fair and flexible.

I would just rather pay the complete amount and forget about the whole thing and chalk it up to experience and at the same time keep telling people not use claim companys. I want nothing more to do with Portal and certainly do not want this hanging round me like a bad smell for months!

Your company has obviously had a lot of displeased customers then if your T&C's have been tested in court several times. You don't include them in your online testimonials!