Successful Ombudsman appeal - c£5k, but PPI firm did not have my permission to appeal

Tom_R

I am c.12 months in to a claim against Santander for PPI.

Around 6 months ago they wrote to me, telling me they were not withholding my complaint and I was free to appeal to the ombudsman etc, but I did not do so.

This morning, however, I received a check for £4,982! (thanks!) stating that my appeal had been upheld and so on.

Stanton Fisher were the firm I initially used to pursue my claim (yes, I know I could do it myself, but I didn't/couldn't be bothered at the time)

In fairness to SF, they were quite good and they have taken 25% of 2 or 3 other claims that I successfully made.

My issue, however, is that I did not give Stantion Fisher permission to appeal to the ombudsmen on my behalf and I imagine before long they will be asking for their 25% share.

Obviously I'm delighted to receive my money back from Santander but I feel genuinely aggrieved that a firm has taken a legal action without my permission or notifying me beforehand.

Am I being unreasonable? Where do I stand here in terms of SF's 25%?...

Thanks

nidO

You authorised the claims company to act on your behalf in complaining about your missold PPI up to and potentially including court action, so you did give them permission to take your complaint to the Ombudsman. This is spelled out in their terms of business displayed on their website.

I'm unsure why you would be unhappy about them doing so as they seem to have netted you just over £3700 you otherwise wouldn't have, are you just looking for a way to avoid their fee?

[Deleted User]

Tom_R wrote: »

Am I being unreasonable?

Absolutely.

dunstonh

Am I being unreasonable?

Totally unreasonable.

Obviously I'm delighted to receive my money back from Santander but I feel genuinely aggrieved that a firm has taken a legal action without my permission or notifying me beforehand.

They havent taken legal action. The FOS is part of the complaints process. You employed Stanton Fisher to utilise the complaints process.

I imagine before long they will be asking for their 25% share.

In your case, they deserve it as they have got you money that you could not be bothered to get yourself.

Indeed, given what you have said, it would be more reasonable for you to not keep a penny but give them the lot.

Tom_R

nidO wrote: »

You authorised the claims company to act on your behalf in complaining about your missold PPI up to and potentially including court action, so you did give them permission to take your complaint to the Ombudsman. This is spelled out in their terms of business displayed on their website.

I'm unsure why you would be unhappy about them doing so as they seem to have netted you just over £3700 you otherwise wouldn't have, are you just looking for a way to avoid their fee?

not particularly. As I say, I've had no issue paying them previously.

But put it this way - It's one of those things I would have certainly gotten around to doing eventually in my own time, and having now had direct contact from Santander over the matter (as opposed to via SF), I definitely would not have involved SF.

i'm not ungrateful. I just feel I should have been notified of any appeal, surely?

dunstonh

But put it this way - It's one of those things I would have certainly gotten around to doing eventually in my own time, and having now had direct contact from Santander over the matter (as opposed to via SF), I definitely would not have involved SF.

You have just 6 months to refer a case to the FOS. So, clearly you didnt get round to it as you say the response from Santander was 6 months ago.

Plus, it woudlnt have mattered if you had referred it yourself. you would still need to have paid the claims company.

Tom_R

dunstonh wrote: »

You have just 6 months to refer a case to the FOS. So, clearly you didnt get round to it as you say the response from Santander was 6 months ago.

Plus, it woudlnt have mattered if you had referred it yourself. you would still need to have paid the claims company.

Ok, that seems fair enough then.

Thanks! :-)