First Plus PPI Claim

buzz2408

Hi, I wonder if you can help me.


I put in a PPI claim against First Plus using Gladstone Brookes a couple of years ago. After 2 or 3 months I received a rejection letter from First Plus and so was advised by GB to that this would not be the end of it all and that I was to complete a form which they would send off to the Financial Ombudsman on my behalf to get the case reviewed, they were honest and said I could do this myself and that if they sent on my behalf the charges of 25% plus Vat would apply in the event of a payout. I thought nothing more of this as they were what I thought at the time avoiding any hassle or time filling out forms for me.


Time passed by and around April / May 2013 I then received letter from GB advising the Financial Ombudsman had also rejected my case and they Gladstone Brookes could not do anything further with my claim, so case closed. Based on this I threw all the correspondence and GB pack away as thought the claim has run its course.


A week ago I received a letter direct from First Plus advising that my case with them had been reopened with them and to my surprise two healthy cheques arrived paying me what was due.


This morning at 8:15 I received and call from an 0844 number and a voicemail left by Gladstone Brookes requesting a call back. I call them back this afternoon only to be told they would call me back when they could find out what the call was about. So Far now call back...


Am I still liable under GB Terms and conditions to pay them any fees even if a letter was received basically saying case close and nothing more could be done ?


Any assistance would be appreciated on this.


thankyou.

Nasqueron

You would need to read their Ts & Cs about what happens in cases like this - their argument would be that they submitted the complaint which led to your win even though the case effectively ended and thus you are liable

buzz2408

Thank you for the quick reply

Insider101

Nasqueron wrote: »

You would need to read their Ts & Cs about what happens in cases like this - their argument would be that they submitted the complaint which led to your win even though the case effectively ended and thus you are liable

Not a strong argument IMO and if it was me I would be perfectly comfortable refusing to pay them a penny and to argue the case in court if need be. That said, the OP may need to decide if he/she is comfortable doing the same.

To the OP: it's a pity you no longer have the letter stating that the case has ended. As that would pretty well have been a silver bullet. However, whilst we know that a lot of the time all CMCs do is put a stamp on an envelope, they are supposed to provide a service and have agreed to do so on a no win no fee basis. They lost the original case hence there was no win. Your payout was solely the result of a proactive review by the lender. Therefore, IMO the CMC which failed to win the case is not entitled to a cut of your redress.

buzz2408

Thanks for the advice

buzz2408

There is an update this this, I have actually located the original letter advising that First Plus had rejected the claim and I have also found scanned documents on my PC which was the Ombudsman complaint that I completed and sent to Gladstone Brookes to be forwarded onto the Financial Ombudsman.

I have also written to the Financial Ombudsman asking for a copy of their rejection letter sent to Gladstone Brookes. So if all falls into place all I am actually missing is the letter from Gladstone Brookes confirming that they could go no further forward in this case.

Any response on this matter would be highly welcome. If I have to pay GB then I will but as they deemed the case closed and it was First Plus that wrote to me directly advising they reopened the case do I need to ?

Thank you

Nasqueron

Insider101 wrote: »

Not a strong argument IMO and if it was me I would be perfectly comfortable refusing to pay them a penny and to argue the case in court if need be. That said, the OP may need to decide if he/she is comfortable doing the same.

I agree but many people will bend over at the threat of a CCJ which is no doubt what the firm will try

buzz2408

Further to responses on this topic, am I right in assuming I can ask Gladstone Brookes for copies of all correspondence that they originally sent to me ? As this would then include the final letter in which they advised me that they could do no more for me in this case.


Checking their website, their terms and conditions do state that in the event of the lender reopening the case that I am still liable for their charges. But if I can prove that they advised the case had hit a wall so to speak in 2013 do I have a leg to stand on ? Obviously as mentioned by Nasqueron I would be concerned with incurring a CCJ because of this.


I feel like such a fool using them, but at the time my thoughts were this is money I never had.


many thanks

Nasqueron

buzz2408 wrote: »

Further to responses on this topic, am I right in assuming I can ask Gladstone Brookes for copies of all correspondence that they originally sent to me ? As this would then include the final letter in which they advised me that they could do no more for me in this case.


Checking their website, their terms and conditions do state that in the event of the lender reopening the case that I am still liable for their charges. But if I can prove that they advised the case had hit a wall so to speak in 2013 do I have a leg to stand on ? Obviously as mentioned by Nasqueron I would be concerned with incurring a CCJ because of this.


I feel like such a fool using them, but at the time my thoughts were this is money I never had.


many thanks

You can ask but they might make you do a DSAR and charge £10 - it depends a lot on the exact wording of their rejection letter

buzz2408

ok will investigate, the £ 10.00 may be worth it to find out the exact wording. Will be in touch, thanks again for your quick response.