Claim company fee

dunstonh

Freemen69 wrote: »

I was sent the letter on Friday from halifax informing me of the amount I was being offered and received the cheque Monday for that amount which is half of the ppi claim, other half going to my ex. The claim company is now apparently going to contact me asking for the fee. I didn't sign anything, wasn't even aware he was claiming. Would I of had to sign to give permission for the claim to go ahead? Just wondering whether he may of forged my signature?

You did not employ the claims company. They have no contract with you. The claims company used the free of charge of complaints process. If your ex employed them then your ex pays. not you.

Freemen69

Thankyou for all your replies. It's now just whether I dare not pay as far as repercussions from the ex are concerned. The language was colourful when I told him I don't have to pay anyone! Will certainly reply to company just as you advised asking for proof and see how far I get.

WatchMan

The CMC has mucked up here.

This sounds like a case concerning a joint loan. In such a case, it would be normal practice to get both parties to sign the authority etc. This is to avoid a situation like yours - an ex partner claiming without the joint loan holder knowing and not getting their share of the compensation.

I suspect that what has happened here is you ex instructed the claims company who just submitted a rather vague complaint to the business - they probably were not aware that the loan was joint. It wouldn't surprise me if they didn't bother to ask.

The business then decided to settle straight away - and it is only now that it has been realised that there are two parties to the complaint with the compensation being split two ways.

The result is this: the Claims company mucked up and it is their loss. You should get your share without paying the CMC.

Also should be mentioned that the business ought to have studied the claims company's authority properly to avoid this situation happening.

-taff

Freemen69 wrote: »

Thankyou for all your replies. It's now just whether I dare not pay as far as repercussions from the ex are concerned. The language was colourful when I told him I don't have to pay anyone!

1 - He's an ex.
2 - Anyone can swear. If you wanted to swear at him for trying to bully you into paying his total share, you could.
3 - Once more, you do not have to pay anyone

Freemen69

Spoke to claims company today. Pretty useless, told me at first, that my name wasn't included on on claim form then at end of conversation I asked him to confirm my signature wasn't on the form at all and he couldn't tell me because he was unsure how much information he could disclose?
Rang halifax who confirmed my name was never on the claim form. My ex had claimed as a single applicant but halifax had picked up that it was a joint mortgage and informed claim company the claim would be split 50/50.
As far as claim company are concerned I've benefited so should pay their fee even though I hadn't personally instructed them.

Stupid_Question

Contact Halifax and ask them to write you a letter confirming that the CMC had no letter of authority to act on your behalf and that the complaint was not signed by you.

Send a letter of complaint to the CMC noting that you have no contract with them and you consider their contact to be harrassment and in breach of Client specific rule 11.

Copy in The CMRU.

safestored4

I might be missing something but can't find any information about who in fact paid the PPI in the first place. If it was jointly paid, fair dos, but if your ex paid it after the separation why do you think you should benefit at all?

Freemen69

It was jointly paid from our joint bank account on a joint mortgage we had while we were married

Freemen69

Thankyou 'stupid question' the claims company said they will ring me again tomorrow so I will hear what he has to say then may well contact halifax again as you have advised.
Sorry but you said to copy in the CMRU, who is this?

-taff

Freemen69 wrote: »

As far as claim company are concerned I've benefited so should pay their fee even though I hadn't personally instructed them.

They'll say anything to make you pay.
You are not obliged to pay.
You signed nothing.
They are lying to you.

Do as stupid question suggests, then take your half, and don't pay them anything, don't give in to your ex's manipulations, and spend it on what you want to spend it on.


CMRU - claims management regulation - ministry of justice
http://www.justice.gov.uk/claims-regulation