Management Company negligence lost me money

Jonwhi1

Over 2 years ago I claimed using a Claims management company who seemed to know what they were doing. But I have been lied to and due to them not sending the information required by the ombudsmen within the 6 month timetable I cannot make my claim. I have lost approx £7k. is this negligence and does this breach the contract I had with this management company?.:mad:

dunstonh

I have lost approx £7k.

You cannot lose something you never had. You may have been attempting to get £7k but you were rejected. There is nothing to say your complaint would have been successful.

is this negligence and does this breach the contract I had with this management company?.

Not if they felt your case had no merit to refer to the FOS. If you feel they have done wrong then you can complain but given the really loose regulation they have, they could easily worm out of it.

Brains64

Jonwhi1 wrote: »

Over 2 years ago I claimed using a Claims management company who seemed to know what they were doing. But I have been lied to and due to them not sending the information required by the ombudsmen within the 6 month timetable I cannot make my claim. I have lost approx £7k. is this negligence and does this breach the contract I had with this management company?.:mad:[/QUOT

Just to be clear, can I ask, what if anything they initially said when they first sent you updates/correspondence regarding the claim??, for example, did they actually say that they would need to refer it to the FOS because the bank or lender were not budging or anything along that line??

magpiecottage

To win redress, you need to prove both that the CMC was negligent AND that you would otherwise have won your case and been awarded redress.

I have seen CMCs being negligent

One particular example was a case where an Ombudsman made an award against a firm via a CMC who only got the acceptance back to FOS the day before the acceptance deadline. Unfortunately for the complainant, they had only signed it, not indicated whether they accepted the decision or not. Therefore, when the deadline expired there was no positive acceptance. As the rules state that if the Ombudsman does not have a positive acceptance by the deadline it is deemed to have be rejected by the complainant, the firm refused to pay.

More commonly, though, CMCs send a standard letter without even bothering to check if the contents were true. That is negligent (if we are generous - or fraudulent if we are not).

If that is the case and the firm they complained to simply said it was a pack of lies and proved it then there would be no point in pursuing it further (particularly if there was never any PPI in the first place).

It is also possible that the firm that sold it does not fall under the jurisdiction of FOS anyway.

So to win you would need to show it was more likely than not that if the CMC had taken the case to FOS it would have won and it was therefore negligent in not doing so in time.

That will be significantly more difficult than it would have been to simply take the original firm to FOS without the dubious services of the CMC.

Jonwhi1

The Management company stated in a letter that the ombudsman had found in favour of the finance company, but this was not true as a letter I received from the ombudsman stated that the management company had not forwarded the claim to them within the time limitation of six months from the finance company's refusal therefor the ombudsman was unable to even consider the case.

magpiecottage

Who is the CMC?