claim managment compnay trying to scam me?

marcflush1

I need some help if possible,

In 2011 i instructed a company called lifestyle claims to seek compensation for mis sold pp on a loan, i had tried to do this myself but failed, a friend of mine worked for them at the time and it was agreed on the phone 20% fee would be paid,

lifestyle were unable to deal with it so passed it to a 3rd party solicitors who after 18 months were finally successful. 2 days after i recieved the cheque i had some random company called red hawk legal phoning me asking for 30% plus VAT! as i had no idea who they were i asked them to put everything in writting, i recieved a letters stating if i didnt pay within 7 days they would take me to court etc etc! i wrote to them raising my concerns as to breach of data why the wanted money etc, i also after some digging found out they had purchased lifestyle claims, i then recieved another letter second class again staing i had 7 days to pay.

i spoke with the dept of justice who regalate them and was told to make a formal complaint to them directly which i then did. rather than reply they have now forwarded this to a debt agency!

i spoke with the DOJ again to raise my concerns regarding this but they werent exactly much help telling me to deal with them directly.

i dont know where i go from here the company dont respond and now are pretty much holding me to gun point to pay im also going away for 4 months at the end of august which makes it worse!

any help would be much appreciated.:)

Wywth

marcflush1 wrote: »

I need some help if possible,

In 2011 i instructed a company called lifestyle claims to seek compensation for mis sold pp on a loan, i had tried to do this myself but failed, a friend of mine worked for them at the time and it was agreed on the phone 20% fee would be paid,

lifestyle were unable to deal with it so passed it to a 3rd party solicitors who after 18 months were finally successful. 2 days after i recieved the cheque i had some random company called red hawk legal phoning me asking for 30% plus VAT! as i had no idea who they were i asked them to put everything in writting, i recieved a letters stating if i didnt pay within 7 days they would take me to court etc etc! i wrote to them raising my concerns as to breach of data why the wanted money etc, i also after some digging found out they had purchased lifestyle claims, i then recieved another letter second class again staing i had 7 days to pay.

i spoke with the dept of justice who regalate them and was told to make a formal complaint to them directly which i then did. rather than reply they have now forwarded this to a debt agency!

i spoke with the DOJ again to raise my concerns regarding this but they werent exactly much help telling me to deal with them directly.

i dont know where i go from here the company dont respond and now are pretty much holding me to gun point to pay im also going away for 4 months at the end of august which makes it worse!

any help would be much appreciated.:)

Under contract law, you can only be expected to pay for something if you entered into a contract with that party. Even if you did enter into such a contracxt, you are only liable for charges agreed within that contract.

If you believe you did not enter into any contract, ask them for evidence you did. If they are unable or unwilling to provide such evidence, allow them to take you to court and let them try to prove to the judge you owe them the money.

If/when they lose, ask the judge for your expenses in attending court.

Did you ever pay anyone the 20% charge you did agree to when you entered into a contract with lifestyle claims? If not, you probably do owe this to the new company that bought out lifestyle claims (if the buyout included existing, ongoing business)

-taff

read through this thread
https://forums.moneysavingexpert.com/discussion/2848782

Wywth

I've just answered this in your earlier thread here on the same subject:
https://forums.moneysavingexpert.com/discussion/4720035

dunstonh

Ask them to supply a copy of the contract you signed employing them. If they cannot supply the contract to you then they cannot supply it to court. They will huff and puff and threaten to try and scare you but at the end of the day, without a contract, they are stuffed.

If it did go to court, the judge would not be impressed that they ignored the complaint you were instructed to make by the ministry of justice and that rather than respond, they passed it to a collections agency. Juddges do not like it when the courts are used but no attempt has been made to resolve the issue and they frequently throw out cases where firms have gone to court without showing what they have done first to resolve it.

The company that bought lifestyle is entitled to keep the contract you agreed with lifestyle. However, they terms would be the same.

dunstonh

I have answered on the other thread as well. Please can people use the one linked by Wyth to keep the conversation in one place.

Wywth

dunstonh wrote: »

Ask them to supply a copy of the contract you signed employing them....

Legal contracts can be formed verbally.
If they have a copy of the phone call recording, that will be suitable evidence of the contract formed (and the terms agreed).

marcflush1

thanks for the response guys wasnt trying to spam both threads was unsure which 1 was correct to post in, ive requested a copy of the contract to no reply, when i spoke with the debt agency yesterday they advised they had been supplied some sort of contract from red hawk legal, lifestyle claims couldnt deal with the claim so passed it to the 3rd party solicitors who were paid through legal costs, would this mean that as lifestyle claims couldnt fufil the contract then they wouldnt be entitled to the fee nor would red hawk legal after they purchased it. also do i have rights in terms of unfair charging for work never carried out under any consumer acts?

thanks for the help so far.

Alpine_Star

Lifestyle Claims surrendered their MOJ authorization on 5 Oct 2012 before going into liquidation on the 9th. The administrator, Sharma & Co, sold the ongoing claims to Redhawk Legal in a pre-packaged sale.

Counsel's advice that I've seen is that the assignment of the claims was illegal and in fact a criminal offence by virtue of The Compensation Act 2006 as the passing of claims and/or details of claims is clearly defined by the Secretary of State in the attached Order as a ''regulated activity'' for which neither Lifestyle or Sharma were authorized to conduct at the point the claims were referred.

To my knowledge Redhawk and their debt collectors, Universal Collections have not, despite hollow threats to do so, taken anyone to court because they realize that they don't have a leg to stand on.

marcflush1

Thats great news, after speaking with MOJ who advised to write a formal complaint which i did, the response wasnt from red hawk legal but universal collections i phoned them monday to advise i was in dispute they advised they would pass it back to red hawk and today i get another letter! chamring.

as they dont seem to respond to me bar theraten me im unsure where to go from here?

thanks
Marc.

-taff

Send them copies of their letters back with a letter telling them again about the formal complaint and that if they persist, you'll be complaining about harassment next.