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

FossilFish

I spoke to the FOS and they said it is between us and the CMC and that they can't give advice regarding CMC even though its thier forms.

Then I spoke to a person from the Ministry of Justice and explained the issue, they said banks would never speak to CMC without letters of authority and that my partner must have signed one with the contact, my partner has said she had filled out forms for the questionnaire and a section regarding the fee rate of 22% and we still have most unsigned forms with us and a few letters asking for them to be sent back. I must get copy of contract but still MOJ said a clause in the contract normally covers this that states a fee must be made in regards to any PPI made with the contract.

I still feel I could withhd the fee but don't want to get any CCJ's if it goes to court as we are about to buy a house.

Most people say that they have provided a service and they should be payed, no official confirmation of what procedure is for CMC's to follow to claim a fee.

Thanks for all comments so far and taking the time out to reply.

Kindest regards

Raz

[Deleted User]

FossilFish wrote: »

I still feel I could withhd the fee but don't want to get any CCJ's if it goes to court as we are about to buy a house.

I don't think withholding payment is a good idea in any case, but I would expect you to at least be able to negotiate a reduction in their fee if they indeed went ahead with your complaint without the necessary forms being fully completed. The fact that you paid £50 upfront does not help you, though, I'm afraid.
The Bank who upheld your complaint on the basis of a SAR request is possibly more promising. You could argue that charging a full 22% of redress awarded without a complaint being actually lodged is neither fair nor acceptable.

You definitely need to obtain a copy of the terms of the contract and read it's content very carefully….

FossilFish wrote: »

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

You probably know by now that the redress comes directly to you, that's why you receive a bill from the Claims Company.

FossilFish

@Moneyineptitude, you are a diamond!

Many thanks for the effort to school me, not only am I bad at dealing with such issues but hopefully someone benefit from reading this thread.

I will update this with the outcome. I'm off to spend the monies we got in the sales!

Kindest regards

Raz

magpiecottage

I am going to disagree with moneyineptitude.

I woul write back to them (get proof of posting - free from the Post Office - and hang on to it), pointing out that at no point have you ever entered into a contract with them so you deny that you owe anything.

You can then ask the card provider to reverse the payment in accordance with FCA rule BCOBS 5.1.11R(2).

If Ifonic is foolish enough to try court action against you, you can respond that no contract exists and that, since it is a business and you are a consumer, you would like any hearing to be at [a court local to you of your choosing].

It is extremely unlikely they will even attempt this as it will attract the attention of the regulator.

[Deleted User]

I bow to your superior knowledge and experience, Magpie.:)

Obviously, I hope the OP manages to avoid paying anything at all to the Claims Company…..but I would expect at the very least for him to get a large discount on the cost of "work" done.

Markgo_2

Ifonic have been banned from making cold calls

From the MOJ website:

Business Name:
Cerys-Angharad Limited
Address:
Third Floor
Princess Way
Town/City:
SWANSEA
Postcode:
SA1 3LW
County:
Abertawe

Trading Names:
Get Claiming, Ifonic Claims
Sector:
Financial products/services
Authorisation Number:
CRM24389

This business is authorised with specific conditions.
Effective from: 17 January 2014

1. Cerys-Angharad Limited will not complete direct marketing by telephone to obtain potential clients for regulated claims management activities.

2. Cerys-Angharad Limited will not instruct a third party to complete direct marketing by telephone to obtain potential clients for regulated claims management activities on its behalf.
As a result of an investigation, the Claims Management Regulator has decided to vary Cerys-Angharad Limited’s authorisation to provide claims management services under the Compensation Act 2006 with effect from 17 January 2014. Cerys-Angharad Limited was found in breach of the following Conduct of Authorised Persons Rules 2013(2):

Client Specific Rule 1(c) “A business shall ensure that all information given to the client is clear, transparent, fair and not misleading.
Client Specific Rule 6(d) In soliciting business through advertising, marketing and other means a business must not imply that the business is approved by the Government or is connected with any government agency or regulator.

dunstonh

If they cant cold call and they cant use introducers then it has to be game over for them. I wouldnt be surprised to see them close at some point and phoenix under a new name which wont have the same restrictions.

FossilFish

:beer:Many Thanks Markgo for posting that thought they would be around for ages but I guess they will fold soon.

Haven't payed a dime as yet. last couple of days had a few calls from a Senior supervisor asking for immediate payment, my partner was gonna cough up but bank hasn't made full payment so could hold out a tad longer.

I think getcliaming is another company under the Cerys-Angharad Limited umbrella getclaiming.com/
ifonic.info/ spot the diffrence.

If they fold can they still chase after earning under Ifonic? I hope not.

magpiecottage

FossilFish wrote: »

I think getcliaming is another company under the Cerys-Angharad Limited umbrella getclaiming.com/
ifonic.info/ spot the diffrence.

If they fold can they still chase after earning under Ifonic? I hope not.

Getclaiming IS Cerys-Angharad.

If it goes into administration (which seems likely as it has no effective means of marketing), then you would need to deal with the administrators.

However, given the reasons for the variation, I think you have a fairly easy complaint againt Cerys-Angharad,

FossilFish

Hope my wife holds out as she is worried about getting bad credit rating or a CCJ but I have told her that if it comes to it pay up before major court action.

Thanks for all the advise peeps, I guess you old hands get a lot of newbies asking dumb question, you are so helpful and a great help.

Thank you