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Claims management company (CMC) complaints - ask the ombudsman your question

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  • Legal_Ombudsman
    Legal_Ombudsman Posts: 79 Organisation Representative
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    Mrs_Moir77 wrote: »
    So although they have rejected my initial complaint (within 4 weeks of it being submitted) I could go back stating that they had nothing to do with the claim as it was Pelvin. They are stating in their response that this was linked to the original claim, even though I have heard nothing from them about this for over 18 months when I thought the case was closed.

    Without knowing more about the case, it is difficult to offer help. If you would like to call us, we can discuss it with you.
    Official Company Representative
    I am the official organisation representative of the Legal Ombudsman service. MSE has given permission for me to post. You can see my name on the organisations with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com"
  • Jo_S
    Jo_S Posts: 7 Forumite
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    Jo_S wrote: »
    Hello, I really hope that someone can assist me, this complaint seems very similar to the one above about the Halifax but I would like to get some clarification before I go ahead and contact the claims company who dealt with the original PPI claim.
    Here goes....

    Letter received from Halifax stating that they do not believe that PPI was mis-sold, however, they have agreed that an unfair relationship was created during the sale of the the PPI policy. Halifax send a cheque for £2382.03.

    The claim company who at this point shall remain nameless contacted us with an invoice for their payment from this agreement. Husband then paid this amount to the claims company. I questioned them and they stated that even though this payment was as a result of the Plevin case and NOT PPI, this money would not have come to us if they had not have contacted the Halifax originally about the PPI claim, therefore they were owed their share.

    Do we have a case to get the money back from them which they demanded be paid? They were rather insistent that it be paid otherwise they would take legal action.

    Thank you for any advice given.

    EDIT - I can see from the recent posts that it looks as though the CMC have no right to claim their commission on this amount and so am I within my rights to request this money back from them?

    Well, since I made a complaint to the CMC about this after taking some excellent advice from here, the CMC have now replied to me claiming that are perfectly within their rights to have requested a fee for the above case, however, they have also included a cheque for £100.

    They state the following “I am always keen to protect our company’s reputation as a fair company which strives to deliver the right outcome for its clients. It is with this in mind and in recognition of the time passed between your original application to us and the receipt of your compensation that I am prepared to provide a partial refund of the monies you have paid to us. Please find enclosed a cheque for £100.”

    So should I leave it there or should I take it to the Ombudsman? They have included copies of letters from the Bank of Scotland and the FOS, but I really cannot my head around all of this.
  • dunstonh
    dunstonh Posts: 117,122 Forumite
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    So should I leave it there or should I take it to the Ombudsman?

    The legal ombudsman is not like the financial ombudsman. So, I would take it. I dont see the Legal ombudsman making that award. And given comments previous on this thread, I dont see them looking at the case in the same way the FOS would.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Legal_Ombudsman
    Legal_Ombudsman Posts: 79 Organisation Representative
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    Jo_S wrote: »
    So should I leave it there or should I take it to the Ombudsman? They have included copies of letters from the Bank of Scotland and the FOS, but I really cannot my head around all of this.

    If you are unhappy with the final response received from your claims management company and you disagree with their findings then you can bring your complaint to us and we will look to investigate. If you accept the £100 offered then you are resolving the complaint and we would not be able to investigate. You can call us on 0300 555 0333.
    dunstonh wrote: »
    The legal ombudsman is not like the financial ombudsman. So, I would take it. I dont see the Legal ombudsman making that award. And given comments previous on this thread, I dont see them looking at the case in the same way the FOS would.

    As this is a complaint about the service provided by a CMC, this is not something the FOS would look at.
    Official Company Representative
    I am the official organisation representative of the Legal Ombudsman service. MSE has given permission for me to post. You can see my name on the organisations with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com"
  • dunstonh
    dunstonh Posts: 117,122 Forumite
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    As this is a complaint about the service provided by a CMC, this is not something the FOS would look at.

    I know. What I was saying was that the FOS appears to have more power than yourselves when it comes to reviewing complaints about companies in their respective areas.

    If a financial services firm was charging someone which the consumer doesnt agree with, the FOS would look at that complaint and make a ruling based on the FCA rulebook and the available documentation/information. Whereas in post #219, your response was to pay it under duress and make a counterclaim. This suggests a lack of power or remit within the LO compared to the FOS (in their respect areas).
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Tony_Norman
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    So... need some help.

    I asked Claim Lion Law (?) to look into PPI for me back in Feb last year (2017). The discovered a policy for which i duly signed a letter of authority for. They were not able to recover the funds.

    Since then, I have had "the claims guys" do a search on other policies and this one popped up again.... then out of the blue Claim Lion called to say they are now planning to take the original claim to court. I have said no.... its being dealt with by another company. They have countered with the fact i will owe them a cancellation fee.

    During the conversation is was established and admitted that under the first agreement they were not successful in claiming back any PPI.

    They have now sent me paper work of T&C's that is a photocopy of my signature on the signature page but a fresh printed copy of the "termination" clause.

    Also enclosed was a new agreement for taking the credit card company to the courts. The covering letter of that agreement clearly states it a new agreement . "Your previous contract with us does not cover us taking your case to court, only the complaint stage"

    the new contact is a full 10% more in fees than the previous one and i'm not prepared to pay that.

    My thoughts are that the initial contact was to raise a complaint against the credit card company and recover funds. they did not fulfil this obligation. They now want to take it to court due to a new ruling that may assist the claim. A YEAR LATER and they want me to enter into a new agreement - in my eyes becuase the old agreement does not cover it.

    therefore, surely, If i were to "cancel" the old agreement or simply choose not to enter into a new one i can continue to instruct "the claims guys" without penalty from Black Lion.

    It seem odd to me that a year can pass, a new contact required yet i would still be charged a cancellation fee from them??

    can anyone help and shed some light on this? thank you
  • Legal_Ombudsman
    Legal_Ombudsman Posts: 79 Organisation Representative
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    can anyone help and shed some light on this? thank you

    [FONT=&quot]This is not something that we could easily advise you on, without seeing the letters you have had from the original CMC. If you would like to give us a call on 0300 555 0333 we can discuss this with you in more detail. [/FONT]
    Official Company Representative
    I am the official organisation representative of the Legal Ombudsman service. MSE has given permission for me to post. You can see my name on the organisations with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com"
  • Brian19
    Brian19 Posts: 11 Forumite
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    What's this?

    BRIAN19
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    Hi after constant calls I gave in and used money reclaim experts based in Manchester. I have never heard from them again. But I got a text from goldman and knightly solicitors on the 7th April asking to contact them urgently as they have an update on my ppi claim. It stated they needed me to send in 2 proofs of I'd. I rang them.to find out who they are. They said they help money reclaim experts. I have never signed anything for goldman knightly to work on behalf of me. Is this right has anyone else dealt with these people before. They are hounding me everyday wanting paid and I haven't even received a cheque yet
  • Brian19
    Brian19 Posts: 11 Forumite
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    I've just read there terms and conditions and website and it states they can pass my details onto 3rd Parties or work with 3rd Parties but have to give me written notice which they didnt
  • Brian19
    Brian19 Posts: 11 Forumite
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    I've just had a big argument with the money reclaim experts. Is there anyone on here that can advise me
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