Joint Claim - without my permission

Yorkie100

I know this has been touched on but I need clarification.

My ex husband used a company for a PPI claim on a mortgage that was taken out jointly. He told them they must contact me and gave them a contact number.
The company has made a joint claim on my behalf and paid him my half - less their huge fees. This happened without my knowledge or consent and I intended to make a private claim myself. I would like to know if -

1. They can do this without my consent and therefore generate fees by underhand means?
2. Is there any way of getting the fees back as I did not ask for, or want this claim on my behalf?
3. If the answer to question 2 is yes, how do I go about it?

magpiecottage

No - but who is the company?

And who is the company that paid out?

dunstonh

1. They can do this without my consent and therefore generate fees by underhand means?

No. You should receive your half from the bank and you have no liability for any fees from the CMC as you have not employed them and have no contract with them.

2. Is there any way of getting the fees back as I did not ask for, or want this claim on my behalf?

You should not have paid any fees. The lender pays direct to you.
What you have you paid and what have you received?

Nasqueron

dunstonh wrote: »

No. You should receive your half from the bank and you have no liability for any fees from the CMC as you have not employed them and have no contract with them.



You should not have paid any fees. The lender pays direct to you.
What you have you paid and what have you received?

It sounds to me reading the OP post that the claims company took their fees out of the whole refund and then split the remains 50/50

Surely there has to be some redress against the CMC for putting in a complaint for a joint account without the permission of the other holder?

magpiecottage

I think there are two issues.

The OP seems to have a complaint against the CMC for dealing with the bank without her authority - and the logical redress is 50% of the total with no fees.

She also has a complaint against the bank for dealing with the CMC without her authority and paying them the redress which has now disappeared.

Again, same redress but she is only entitled to one or other, not both.

Insider101

magpiecottage wrote: »

I think there are two issues.

The OP seems to have a complaint against the CMC for dealing with the bank without her authority - and the logical redress is 50% of the total with no fees.

She also has a complaint against the bank for dealing with the CMC without her authority and paying them the redress which has now disappeared.

Again, same redress but she is only entitled to one or other, not both.

This is a contentious issue either way.

Obviously the OP has not said who the provider was but some of them do take the line that if they pay redress (for a complaint reason that affects both parties equally) then they will pay it to the complainant and it is up to them to sort it out with the other party. If you're not happy with this the only recourse is to put in your own complaint to them or take court action against them or your former other half. Much as I dislike CMCs I don't think there is any recourse against them in this instance, they only put in the complaint as instructed. That said there's nothing to lose by putting a complaint in against them especially now they are covered by the legal ombudsman.

The other question (to the OP) is are you sure the policy itself (I.e not the mortgage) was a joint one? If it covered only your ex husband then most sellers will take the line that as the insured party he is entitled to the redress.

Yorkie100

I do not know the company name yet.
My ex put in a claim and because the mortgage was in both names the company claimed for both of us, without my knowledge and paid him the full amount less their fee's, to be split with me. The amount paid by the bank was £2,600, the company took £1,400 in fees.

magpiecottage

I think we are agreed, Insider101.

The OP should make her own complaint to the bank explaining that it was a joint policy and she understands they have already decided it was missold and paid half to her ex.

That will show if she was included in the policy or indeed if they have actually withheld half of the redress pending contact from her.

If they say they paid it all to him and the CMC, she can then take them to FOS for paying her money to the other party without her consent. The likely outcome is that FOS will tell them to pay her half.

This will certainly be easier than complaining to the CMC with whom she has no contractual relationship.

dunstonh

My ex put in a claim and because the mortgage was in both names the company claimed for both of us, without my knowledge and paid him the full amount less their fee's, to be split with me. The amount paid by the bank was £2,600, the company took £1,400 in fees.

1 - Whilst the mortgage was in joint names, was the insurance policy? Often MPPI covers the main earner only

2 - Did the CMC receive the redress directly (unusual if they did) or did your ex receive it and he is telling you what the CMC bill is and the net amount you are getting?

I am beginning to wonder if the ex-husband has received the full amount directly and he has (or will) pay the CMC and give half the remainder to the OP (based on the fact the OP doesnt know the name of the CMC).

Yorkie100

Dunstonh
I believe the insurance was in both names as we both had professional jobs.
I understand my ex received the net amount from the CMC, less their fees.

dunstonh

I understand my ex received the net amount from the CMC, less their fees.

I suggest you get that confirmed (possibly with evidence) as that is not the normal method used by firms. The vast majority will pay the full amount to the individual. The CMC then bill the recipient for their fees. Indeed, you could ask the bank if they paid your ex-husband directly or the CMC.