Ppi solicitors gone? Advice needed please

bluenose33

Hi all,
Really after some sound advice,on a DM PLAN.
I pursued 3 ppi claims through a solicitors. They got me a cheque for 1 which we paid there fees etc but the others are a little complex.
HSBC offered to clear the 6k debt but that left me with a solicitors bill which was unaffordable, over 1k.
The solicitor said they would go back (and demand an answer in 14 days) to state this and try to have say 90% paid off the debt and the other 10% to pay the bill.
It has been over 12 months now and we haven't heard a thing,in this time the solicitors have moved towns and the fee earner moved firms.
Does anybody know where I stand if I make fresh claims?
Please no hindsight , I know I should have gone alone but didn't realise I wouldn't get the cheque.
Any advice welcomed!!

[Deleted User]

The Bank will never pay your solicitor's bill.

Sorry.

dunstonh

Does anybody know where I stand if I make fresh claims?

You dont make a fresh complaint as your have already got a complaint recorded and a decision given.

HSBC offered to clear the 6k debt but that left me with a solicitors bill which was unaffordable, over 1k.

You should never have used a solicitor. That assumes it actually is a solicitor as PPI is not an area that solicitors tend get involved in. is it a claims company?

if it is a claims company then you may have been mis-sold their services as it is a requirement of their rules that they point out that if you are in arrears, had defaults or debts settled with amounts written off that you may not get the cash in hand and could be left with a bill. If that never happened then you should complain to the claims company.

The complaints process is free of charge to use. The regulated process and ombudsman is set up this way to make it easy to complain. If you choose to pay a third party then that is your choice. Whatever the outcome, the firm you are complaining about is not required to pay any of your third party costs. It was your choice to pay someone to use the free of charge process.

If it is a solicitor you could complain again as they are more tightly regulated and as you are on a DMP, it was obvious you were unlikely to see the money personally and you should have been warned. The solicitor failed in their duties.

You should contact the bank and accept their offer and tell them not corrospond with the solicitor/claims company as they are no longer acting for you. if you are lucky, with them moving away and the person no longer involved and the bank no longer corresponding with them, you may get away with it.

bluenose33

Sorry my terminology wasn't quite right, it was a claims company not solicitors. They never once mentioned about the money going straight off the debt owed.
Upon the offer of compensation,and faced with the bill they claimed they did tell me , if they had I would never have claimed and left myself with an unaffordable bill??


Last contact was the off the claims company going back to hsbc to give them 14 days to resolve the situation. Since then nothing at all, business moved towns and person in charge of my claim moving companies.

dunstonh

You have potentially been mis-sold by the CMC breaching client specific rule 1(b) and possibly 1(f)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/311629/handling-ppi-claims-claims-management-companies.pdf

See page 5 about cash in hand/arrears.

It is well known that if you are in arrears, have defaults or amounts settled with a write off that you are more likely not to receive any money as cash in hand but have it offset against the debt. A CMC should inform you of this. That does not appear to have happened here. So, a potential rule breach has occurred.

I would be more inclined to tell HSBC to end contact with the CMC and to offset as they planned. If the CMC then ever come after you, you can pursue a complaint against them for mis-selling.

Nasqueron

The Claims Co should never have taken on your case knowing the debt issues, they should have asked that and should have known the bank would keep the money and you'd then have to pay the Claims Co out of money you didn't have in the first place.

Have a look in their Ts & Cs about this but to be honest they made a mistake in taking it on when there was no chance of a cheque and you'll probably end up paying for it

bluenose33

Thanks so far,i would be over the moon to have the £6k debt cleared by hsbc,I am just scared of being left with a bill off the claims company.
I did explain the debt situation at the time I instructed them and they never mentioned this horrible situation,but it would be my word versus theirs.
So am I right in saying you think I should write to hsbc,accept offer and tell them my useless claims company are no longer representing me?

bluenose33

Just done a bit of research, and the cmc I think has gone bust!!
Does this leave me in a better position to carry on a claim by myself with a lesser fear of being billed by the now (gone bust) cmc?

Mersey_2

Double check that the CMC was not a trading name of a large firm. Some solicitors - but not many - do undertake this work and as others have suggested, they are regulated by the Solicitors' Regulation Authority (SRA) and so your live file may have gone to another firm, if that firm was intervened upon by the SRA.

The CMC may have been closed down by the Claims Regulation Unit of the Ministry of Justice, as they've recently closed hundreds of CMCs who dealt with PPI and PI claims.

Alpine_Star

bluenose33 wrote: »

Just done a bit of research, and the cmc I think has gone bust!!
Does this leave me in a better position to carry on a claim by myself with a lesser fear of being billed by the now (gone bust) cmc?

We'd need to know who the CMC is, if their is an assignment clause in the contract and if they are in fact solicitors.


CMCs go bust all the time and their claims get sold on to others.

bluenose33

Notice is hereby given, pursuant to Section 98 of the Insolvency Act
1986, that a meeting of the Creditors of the above named Company
will be held at xxxxxx
xxxx, on xxxxxxx, for the purposes mentioned in
Sections 99, 100 and 101 of the said Act. xxxx of xxxx &
Company is a person qualified to act as Liquidator in relation to the
Company who will, during the period before the day of the Meeting,
furnish creditors free of charge with such information concerning the
Company’s affairs as they may reasonably require. For the purposes
of voting a Statement of Claim (Proof of Debt) and any Proxy intended
to be used at the meeting must be lodged with the Company c/o the
proposed Liquidator’s address, not later than 12 noon on the business
day prior to the day of the meeting


found the above in the gazette, whether it helps ?
If my file was 'live' why have I heard nothing in over 14 months ??
it was said the member of staff who moved firms was taking her client's cases with her,but again we heard nothing and also a friend who was with her heard nothing to?