belmont thornton problems

clareabella666

A few years back i started the process of trying to claim back my ppi from lloyds tsb, after loads of letters sent and recieved they refused to give me the money back.

I then went through Belmont Thornton and was told that i would have my case dealt with straight away. Anyway a year past and i heard nothing, i them emailed them to find out what was going on and why it was taking so long only to be told that they were waiting for lloyds tsb to give them a final repsonse. Anyway i left it at that, after all they know nore than me lol.

well its now been over 2 years and last week i recieved a letter from belmont thronton stating that lloyds tsb are denying me ever having a loan with them and that in order to continue the claim then i would need to forward them copies of my loan agreement.

Now this is where things start to get abit fishy! when i first sent the claim form i was aked to send the original loan document including deatils of the PPI payments which i did! I emailed belmont thorntan and asked them why they are asking me for deatails that they alreasy have and that if they had lost my documents then i wouldnt be happy. A few hours passed and i got a reply saying that i wasnt to worry, all my documents are kept off site in a secured building and that they would requet someone to get these documents sent back to me.

I then emailed them back asking why on earth they were sending me the documents back whan they aid that they needed to use these as evidence to lloyds tsb that i did in fact have a loan and PPI with it.

Since then i have had no reply, no documents sent back, nothing! what tops it off it wescott are hounding me for debt on this loan yet thats funny as lloyds say i never had one.

does anyone know where i go from here, im stuck, the call centre at belmont useless and they wont respond to my last email. without these documents i can't even take my claim elsewhere:mad:

sorry about the poor grammar aswell, im to busy typing my rant lol.

dunstonh

Since then i have had no reply, no documents sent back, nothing! what tops it off it wescott are hounding me for debt on this loan yet thats funny as lloyds say i never had one.

If you are in arrears or had your debt referred to a debt company then consider this a lucky escape. If you use a claims company and succeed and your are in arrears of have your debt passed to debt management or written off then any upheld complaint on PPI would see the redress paid to clear the debt owed. The claims company would still want their cut which you would have to pay despite seeing little or nothing of the redress payment.

Lloyds loans can either be held centrally or at a branch using a sort code/account number basis. If no details are supplied then they probably cant find it.

I know an IFA that received a complaint from Belmont Thorton and the letter they sent was not personalised with real reasons for complaint. It was just a template letter listing all sorts of reasons that could be mis-sold. None of which were right and the product being complained about wasnt even held by that client. Belmont Thorton are on our internal blacklist of claims companies which are known to put in dodgy complaints.

clareabella666

so best to just let them keep my documents and forgot the claim then? i didnt realise that any refunded PPI would be taken off my debt, belmont said i would get it back personaly.

Goes to show how helpful this site is, thankyou for the info

Jaspercat

I recently filled in a form that Belmont Thornton sent me with regards to claiming back my PPI. I then sent it off thinking that there would be no hope of getting any money back.
Couple of days ago I received a couple of letter from them saying that I had been successful in getting money back from the companies that I had requested on the form nearly totalling £2500.
Each letter said the following
“A summary of your offer amount is shown below together with our fee calculation. An invoice for our fee will be sent to you shortly. This will be due for payment on a) receipt or application of your refund from your lender OR b) within 28days, whichever is the sooner.”
The letter also includes a form from my bank which I took out a loan with PPI saying they will pay the money into my account by electronic transfer. However Belmont Thornton have wrote on this form with there details and there own bank account.
Having seen this and also saw the amount that they wanted to get my refund which was £363.17 and my refund for my PPI is £1210.56
When I saw this I phoned Santander (my bank who I had the loan with) I explained that I did not want Belmont Thornton to attack on my behalf. And could I deal direct with them. His reply was that he would think that I would need to phone Belmont to say that I don’t want them to act on my behalf. I also asked if he could send me another form so I could put my account details on the form because Belmont had put there name and their back account details on there.
He said that they would not deal with a third party and the money would be paid direct to me and couldn’t not understand why they had put their name on the form.
His parting shot was that Santander has nothing to do with Belmont and could not advise he did say that these types of companies can get nasty. And would be a good idea to ring them and inform them of this has they would get their legal team involved.
What I am trying to work out is how I can get Belmont off my back before I accept any offers and have to pay any monies out as I don’t have that sort of money to pay them!
Is there any way that I can stop Belmont acting on my behalf?

Please can anyone advise me

dunstonh

What I am trying to work out is how I can get Belmont off my back before I accept any offers and have to pay any monies out as I don’t have that sort of money to pay them!

Doing this after a successful outcome is likely to be very difficult.

If you employ a company to act on your behalf but you do not tell the company you no longer wish to use their services then you cannot really complain after the event when a payout arrives.

I suspect that they will, quite rightly, come after you for the money. And that comes from someone who is no fan of these companies.

tifosi

I think Dunston has a point here unfortunately

They have done the "work" for you, secured your refund and you now don't want to pay them?

If you signed agreeing to their terms you wouldnt really have a leg to stand on in court

The usual unfair terms in contracts regs wouldnt come in as they probably clearly displayed their fee % in the original terms?

If they didnt, the situation may be a little different, but most of these companies seems quite clear about their fees (believe 25% + VAT seems to be the norm?)

tifosi

UTCRR 1999:

Assessment of unfair terms
6.—(1) Without prejudice to regulation 12, the unfairness of a contractual term shall be
assessed, taking into account the nature of the goods or services for which the contract was
concluded and by referring, at the time of conclusion of the contract, to all the circumstances
attending the conclusion of the contract and to all the other terms of the contract or of another
contract on which it is dependent.
(2) In so far as it is in plain intelligible language, the assessment of fairness of a term shall not
relate–
(a) to the definition of the main subject matter of the contract, or
(b) to the adequacy of the price or remuneration, as against the goods or services supplied in
exchange.