CMC want fees but I never signed questionnaire or letter of authority.

FossilFish

Hello I have been lurker and haven't contributed to this forum before so my bad. Great forum by the way makes a change from car ones.:o

My Partner had a cold call a two months back, from ifonic PLC from Swansea but she requested details for claiming to be sent to our home, I was unaware of this and she filled out info of details for five banks to start a claim (I don't know if it was a contract), ifonic sent her lots of letters to get her to sign five letters of attorney which she hasn't given back (I got told a month ago about the PPI claim and told my partner not to send any info after seeing this thread), the banks have sent a few letters and loads of statements to us and they didn't want to send it to ifonic and two banks written back and and two have payed out a week ago to my misses.

In the last few days we have got a few calls to send letter of authority and sign the questionnaire forms back and the statements but I am not happy to deal with them. Its not a coincidence that today got a letter asking for 22% fee + VAT to be payed, I believe without signed questionnaire's or the letters of authority they jumped the gun and technically are not entitled to said fees. Ironic have sent a Proforma invoice for monies_

meer53

So who made the claims for your partner ? If Ifonic have successfully claimed for her, they'll want their fee. What do the banks say about the claims ? You don't seem to be clear about what happened, maybe your partner has forgotten to tell you the full story ?

FossilFish

Many thanks for the reply, sorry if I am unclear.

Two banks have payed out last week to my partner and the CMC want a 22%+VAT slice. One of the banks sent us the Sars reply but still payed out.

The Claim management company made the claim but after reading Financial ombudsman site and CMC regulators web page it states that they can do so with the permission to act on behalf of a client, they wrote to the banks without any Letters of authority nor has the questionnaire's (from the ombudsman) been signed.

I got told a month back that she had dealt with a cold call regarding a claim, and payed £50 solicitors fee (hook) after reviewing the letters my partner has not signed the two above items for a claim to be made on her behalf. For a month she has been fobbing them off and not sending signed doc's

I know its cheeky but I hate cold callers and the likes of CMC and anyone else I would cough up but feel that due to load of call recently wanting these document they know that they need them.

I don't know if a contract has been signed but the fact that two key pieces of data are missing is it justified that I can withhold the fees for the CMC as they haven't followed rules.

I will ring the Financial ombudsman help line tomorrow.

One question I have, normally is the settlement payment from the banks sent to the client or the CMC.

I will wriggle if I can!

[Deleted User]

FossilFish wrote: »

The Claim management company made the claim

If they have made the claims on your wife's behalf then you have gone past the stage where no money will be payable to them. They've done work they'll clearly demand payment for.

Sorry, no wriggling possible.

FossilFish

They started a claim without signed permission that why I'm questioning the fees not because I want the whole payment.

Also one bank payout the bank sent us the Sars data and not the CMC so the CMC didn't work on that one much.

[Deleted User]

FossilFish wrote: »

They started a claim without signed permission that why I'm questioning the fees not because I want the whole payment.

It's perfectly clear what you want. Write to them and make your case, but the fact remains that they have done what your wife employed them to do.

dzug1

It sounds like any contract is with your wife/partner, not you. From what I can make out there IS a contract, formed over the phone. The company should not discuss it with you without her permission.

FossilFish

Correct, any dealings are my partners. Many thanks for ladies and gentlebugs. When I got told I went through the threads on this forum and discovered how crap these company's are but anyhew a service has been done. You peeps are a knowledgeable bunch.

Kindest regards

Raz

Alpine_Star

dzug1 wrote: »

From what I can make out there IS a contract, formed over the phone.

You can't form a contract with a CMC over the phone.

Client Specific Rule 11 requires you to provide certain information before you enter into a contract with a client. The Provision of Services Regulations 2009 requires businesses to provide certain information ‘in good time before the
conclusion of a contract …’



You will be in breach of the rules if you:

• Fail to give prospective clients a reasonable time to consider pre-contractual information before seeking to enter into a contract with them

• Enter into the agreement during your initial contact with clients or very soon after providing the pre-contract information.

This includes for example the situation where CMCs
market their services by telephone.


http://www.justice.gov.uk/claims-regulation

magpiecottage

Absolutely correct, Alpine Star.

As the ambulance chaser is in breach of the regulations, it had no right to the £50 even.

I would suggest not only that the OP does not pay but that they seek a chargeback from their card provider as the ambulance chaser was not entitled to take the money and that they report the matter to consumer@claimsregulation.gov.uk

[Deleted User]

FossilFish wrote: »

I don't know if a contract has been signed

This is key

FossilFish wrote: »

but the fact that two key pieces of data are missing is it justified that I can withhold the fees for the CMC as they haven't followed rules.

What did FOS say about this?