3rd party PPI claim complaint

noggenfogger

We used a 3rd party to claim back some PPI back in Nov 2012 and its taken until now to get a payout. The company in question is called NM claims. They have dealt with several of our claims successfully but one in particular has been a problem. The bank made us an offer in May 2013 but NM claims didn't send back the acceptance letter. They also failed to send us the letter from the bank to fill in where to pay the funds and also failed to send us a further letter asking us to send proof of ID. Instead they kept phoning us to see if we had heard anything from the bank. Im pretty sure that is there job not ours. NM claims then asked "US" to go into the bank to see what's happening which we did. HSBC told us that the offer was now void as they had not had a reply from NM claims about the offer. Whilst at the bank we provided proof of ID and address and signed the acceptance letter and also another 2 letters forgot what they where for that had also been sent to them. I had never seen these letters before this and without HSBC would not pay out. We went home expecting a payment any day, however, nothing came, NM claims phoned us again to see if anything had happened and I said nothing so she said she would phone back in a week to see. This annoyed me, why am I doing all the work? NM claims phoned a week later, still nothing from the bank, she phoned them and apparently they said I had to go into branch to prove my ID. I had already done this but back i went. Got to the bank and the clerk said I didn't need to go in but something had been sent to NM claims that needed signing by them and they had not had it back. They said they would send it again. Miracle, in Jan this year I got a payment from them. No contact from NM claims since Dec 2013 but my wife got a text today saying that the payment for services is now well overdue and I had to pay straight away the £340 or further action would be taken. That took the wee wee and now im debating going to court to say what a waste of time they are as I did all the work for them. They got me to do the running around and the get all the paperwork together and now they want a weeks wages off me. From what I can see they forwarded a A4 piece of paper to the bank and then phoned me to see if I had done the rest. I mean I signed the paperwork they should have sent me in the bank. It took 14 months and in that time they did nothing to push the claim or see whats going on.

Heres my question. How would I proceed from here? Would I need to go to court? I was thinking of making them an offer for services rendered of what hey actually did, minus my time, minus petrol, minus time taken ect and see what they say.

Thanks all

[Deleted User]

noggenfogger wrote: »

They also failed to send us the letter from the bank to fill in where to pay the funds and also failed to send us a further letter asking us to send proof of ID. Instead they kept phoning us to see if we had heard anything from the bank. Im pretty sure that is there job not ours.

Since many Banks refuse to deal directly with CMCs, it's not "their job" to send you letters from the Bank which go direct to you (if sent at all)

noggenfogger wrote: »

This annoyed me, why am I doing all the work?

Because the terms of your legally binding contract with them are only that you pay them in the event of the complaint they forward on your behalf being successful. They don't do your research or provide ID etc if required by the Bank.

noggenfogger wrote: »

No contact from NM claims since Dec 2013 but my wife got a text today saying that the payment for services is now well overdue and I had to pay straight away the £340 or further action would be taken.

They are correct, your complaint was successful, you should have already paid them

noggenfogger wrote: »

now im debating going to court to say what a waste of time they are as I did all the work for them.

If you allow this to go to court, you'll not only have to pay their commission (as you agreed when you signed their contract), you'll also risk having court costs awarded against you and a CCJ.

No one here recommends using a Claims Company because they do nothing you cannot do yourself alone and for free. However, that does not mean that you can agree to their terms and then simply refuse to pay up.

You'll need to pay the full commission, just as you agreed when you signed the legally binding contract. They are not liable for your "time" and petrol costs, I'm afraid.

noggenfogger

Thanks for your reply. I signed a letter of authority meaning that the bank dealt directly with NMclaims. The offer letter I received was sent from NMclaims. The idea of using the service is so I didn't have to do it. I ended up doing 90% of the work anyway so they have breached the agreement. If you purchase a washing machine but you have to wash the clothes first by hand then the product isn't doing what its suppost to. Why are they telling me to go to the bank when they have the paperwork sat on the desk. Also would you say that over a year to sort it is acceptable? especially when the offer was made within weeks but NM didn't act.

also they won't have the signed paperwork as I did it in the bank so in theory if it did go to court then they would have an incomplete case.

Thanks

dunstonh

The idea of using the service is so I didn't have to do it. I ended up doing 90% of the work anyway so they have breached the agreement.

Most claims companies do little more than put a stamp on the envelope of your complaint. They havent breached the agreement as you used them to initiate your complaint and they did that.

. If you purchase a washing machine but you have to wash the clothes first by hand then the product isn't doing what its suppost to.

BUt you dont buy a washing machine to clean your dishes.

also they won't have the signed paperwork as I did it in the bank so in theory if it did go to court then they would have an incomplete case.

All they need is the contract you signed.

noggenfogger

so if they choose to do nothing then you would still have to pay them if you gave up waiting and did it yourself. Surely consumer rights protect people as its a service. if a builder did a bad job you could raise a case against them.

Thanks

[Deleted User]

noggenfogger wrote: »

so if they choose to do nothing then you would still have to pay them if you gave up waiting and did it yourself.

But they clearly didn't choose to "do nothing". They forwarded your complaint to the Bank who then (eventually) paid up. They have fulfilled their part of the contract and now you have to pay.

noggenfogger wrote: »

Surely consumer rights protect people as its a service. if a builder did a bad job you could raise a case against them.

You keep using spurious analogies which don't fit the situation you find yourself in.
In this case, the "builder" has built your house exactly to specification, but you want to complain because he didn't also collect your shopping!

Sorry, but you'll have to pay.

If you seriously feel that your consumer rights have been violated then you can complain to the company's regulator, the Ministry Of Justice. However, nothing you have said in your posts indicates any "wrong doing" by the Claims Company.


I'd like to thank you for posting this thread, at least it may deter others from using claims companies though it's too late for you.

dunstonh

so if they choose to do nothing then you would still have to pay them if you gave up waiting and did it yourself.

Yes. Which is why none of us here recommend using claims companies. a small number are better than others but most do really little and in some cases actually do harm (you should see some of the template letters some of them use)

Surely consumer rights protect people as its a service.

CMCs are very lightly regulated. They only agree to abide by a small number of rules. They are not checked or visited like financial firms. Only when complaint volumes get to a certain level a the MoJ does that company then get looked into.

if a builder did a bad job you could raise a case against them.

A builder does a job that gives an outcome. A bad outcome is visible. A claims company is employed to put your complaint in. If they do that, then that is their job done. If you then go on to receive redress, even if you had to work for it yourself, the redress outcome was still initiated by the first complaint letter.

A lot of consumers have a misconception of what a claims company actually does. All they do is put in a complaint via the free of charge complaints process regulated by the FCA and the financial firms have to abide by the FCA guidelines in dealing with that complaint. In most cases, that will see the firms deal direct with you in any areas that need further clarification or discussion.

[Deleted User]

dunstonh wrote: »

A lot of consumers have a misconception of what a claims company actually does. All they do is put in a complaint via the free of charge complaints process regulated by the FCA and the financial firms have to abide by the FCA guidelines in dealing with that complaint.

Yes, it's unfortunate that consumers like the OP only realise what level of "service" they are getting after already agreeing a legally binding contract.

Again, hopefully reading threads like this will deter others from using CMCs in the first place.

magpiecottage

Moneyineptitude wrote: »

Yes, it's unfortunate that consumers like the OP only realise what level of "service" they are getting after already agreeing a legally binding contract.

Having allowed themselves to be missold a worthless insurance policy, they follow it up by allowing themselves to be sold a worthless "service".

Lets hope they learn this time.