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PPI Invalid letter of authority

Hi all,

Hopefully someone here can help me with this.

I rashly jumped the gun and went down the PPI reclaim company route before finding out how easy it was to do it myself.

My bank has now sent me a letter with a settlement figure which I'm happy to accept. In in the letter however the bank states that it has not contacted the claim company due to an invalid letter of authority.

Does this mean that legally the claim company was not acting on my behalf and where do I stand with regards to fee payment to the company?

Surely this has happened to others but I can't seem to find any info on this elsewhere.

Thanks for your time

S
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Comments

  • dunstonh
    dunstonh Posts: 120,239 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 7 April 2018 at 10:28AM
    Does this mean that legally the claim company was not acting on my behalf and where do I stand with regards to fee payment to the company?

    No it does not mean that as you have a signed contract and no doubt your complaint went in via the claims company.
    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.
  • jdwmfc
    jdwmfc Posts: 215 Forumite
    Hi all,

    Hopefully someone here can help me with this.

    I rashly jumped the gun and went down the PPI reclaim company route before finding out how easy it was to do it myself.

    My bank has now sent me a letter with a settlement figure which I'm happy to accept. In in the letter however the bank states that it has not contacted the claim company due to an invalid letter of authority.

    Does this mean that legally the claim company was not acting on my behalf and where do I stand with regards to fee payment to the company?

    Surely this has happened to others but I can't seem to find any info on this elsewhere.

    Thanks for your time

    S
    Call your bank and ask for clarification.
    Then let us all know.
    Maybe you did not sign something.
    CC 1 :- £5800/ £5,800 CC2:-[STRIKE] £4513 / £4513[/STRIKE] CC3: £4622.53/ £4622.53[/STRIKE] CC4:- £8971/ £8971[/STRIKE]
    Loan:- [STRIKE]£1785.63 / £1785.63[/STRIKE] 0

    Actual total debt January 2011 £39,451.30 Paid to date 39,375.77
    :beer: PPI from HSBC = £4172 :beer:
  • roonaldo
    roonaldo Posts: 3,420 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    My bank has now sent me a letter with a settlement figure which I'm happy to accept. In in the letter however the bank states that it has not contacted the claim company due to an invalid letter of authority.
    If I were you, call the CMC and cancel them and tell them you are closing your complaint. Then never speak to them again. Then tell the bank you do not give them authority to write to the CMC to ensure they dont write to them.

    The CMC will be none the wiser.
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    1,000 Posts Combo Breaker
    edited 19 July 2012 at 11:02AM
    Did the CMC send you this form, in its entirety, to check, sign and return.

    If not, you can argue that because they have clearly ignored the rules of the MOJ, their regulator, they are obviously not fit and proper to act for you.
  • Hey,

    Thanks for the responses.

    Just to clarify some points made. First the letter of authority is a four page doc with the loan details to be filled in along with a questionaire. The next couple of pages are the legal part with the final page to be signed and dated by me and sent back to the CMC.

    As for the Ombudsman form, no it was their own questionnaire and no the one posted.

    Here is the part of the letter from the bank showing their refusal to deal with the claim company.

    " Please note that details of this final response letter have not been disclosed to your Claims Management Company due to an invalid letter of authority. In order for a letter of authority to be valid, it must contain an original signature, show no sign of alteration and make reference to specific loan accounts held at the bank. "

    To my knowledged all I did was fill out the doc then signed, dated it and then returned it. I did not amend it in any way.

    The letter of authority is the contract between me and the CMC therefore if it is invalid then does that mean the contract is also invalid?

    Thanks, S
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    The letter of authority is the contract between me and the CMC therefore if it is invalid then does that mean the contract is also invalid?
    You're mistaken. The Letter Of Authority is your instruction to the Bank to allow the CMC to act on your behalf in PPI complaints. Your contract is your agreement for them to act on your behalf in exchange for an agreed fee.
    All that is "invalid" is the instruction to the Bank and the reason could be as simple as a misplaced digit on your account or as serious as obvious tampering or amendment. Banks are not fond of assisting CMCs (some Banks won't deal with them directly at all) and so it's more likely to have been a minor error on the LOA than anything sinister.


    Having said all that, I agree with Roonaldo's comment at post 4 about cancelling the CMC and informing the Bank not to deal with them. Could be an option.
  • Hey,

    I would if I didn't have another claim in process with them for a different loan.

    Anyway thanks for the help but it looks like I'm just going to have to cough up. My fault for being sucked in in the first place I suppose.

    Cheers, S.
  • amersall
    amersall Posts: 17,037 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    But surely if the bank don't notify the claims co, then they won't know the claim has been paid, especially as the bank are not going to deal with them... will they?.
    I would do what roonaldo said.
  • jdwmfc
    jdwmfc Posts: 215 Forumite
    amersall wrote: »
    But surely if the bank don't notify the claims co, then they won't know the claim has been paid, especially as the bank are not going to deal with them... will they?.
    I would do what roonaldo said.

    I agree, the bank are not going to snitch, take the money and run!!! Personally I would like to think the bank have deliberately looked for a reason not to deal with the CMC. Would be good if banks were on our side for a change.
    CC 1 :- £5800/ £5,800 CC2:-[STRIKE] £4513 / £4513[/STRIKE] CC3: £4622.53/ £4622.53[/STRIKE] CC4:- £8971/ £8971[/STRIKE]
    Loan:- [STRIKE]£1785.63 / £1785.63[/STRIKE] 0

    Actual total debt January 2011 £39,451.30 Paid to date 39,375.77
    :beer: PPI from HSBC = £4172 :beer:
  • ppidisgrace
    ppidisgrace Posts: 202 Forumite
    here's another example of bank dirty tricks
    if the form of authority wasnt valid then how could they accept your instruction to investigate the claim
    which you won
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