Claims guys harassment...

Akada

Hi, I wonder if anyone can give me a bit of advice... I've foolishly used the claims guys to reclaim missold ppi, and although I have been awarded a payment, I am yet to receive anything. Since the day of found out I'd won, the claims guys have called around 10 times a day demanding payment immediately. They are now threatening ccjs and debt recovery companies unless they are paid, yet I have not received a penny.
When I signed up I informed them that I was bankrupt a few years ago, and was told it didn't affect my claim, but now I'm being told that the bank can reclaim everything as part of the bankruptcy and I still have to pay the fees to these cockroaches.
Has anyone else had any dealings with this company similar to mine?
Oh and if I can give any advice...

DO NOT USE THE CLAIMS GUYS!!!

tomtontom

If the claim relates to the period before your BR then you need to advise the OR of any award made to you, they may claim it even if the bank doesn't take it. You will still be liable for payment to the claims company.

My advice - do your research before claiming.

dunstonh

When I signed up I informed them that I was bankrupt a few years ago, and was told it didn't affect my claim, but now I'm being told that the bank can reclaim everything as part of the bankruptcy and I still have to pay the fees to these cockroaches.

If the PPI was paid before you were bankrupt then you do not receive the redress. It gets paid to the OR who will distribute it to your creditors. That has been the rule for many years.

If you use a CMC when you are in arrears, defaults, have amounts written off then you are liable for the bill even if you dont get a penny.

However, if you let them know you were a bankrupt and they said it was ok, then you have a get out. The MoJ rules for claims companies required them to warn you of consequences in cases like this and effectively not take on the business.

You should make a complaint to The Claims Guys and when they ignore it (they may reply but remember they are not known to be very good on these things), you can then refer your complaint to the Legal Ombudsman.

The Claims Guys cold called me and told me I had been mis-sold PPI. I told them I was an IFA and did my own insurances. She replied that I could still complain and would be paid the money. These cold calling sharks are liars. (in my case, I never had PPI but also as I do my own insurances and I am an IFA, I would have to complain to myself!). You shouldnt act on cold calls.

Insider101

tomtontom wrote: »

If the claim relates to the period before your BR then you need to advise the OR of any award made to you, they may claim it even if the bank doesn't take it. You will still be liable for payment to the claims company.

My advice - do your research before claiming.

There's no may about it. If the lender doesn't offset it the OR will want the funds.

To the OP, I suggest you do as Dunstonh says. Send a formal letter of complaint by recorded delivery to the claims guys. Advise them that you consider they were professionally (no sniggering at the back there) negligent in not asking about whether you had been declared bankrupt and you require them to waive the fee and stop harassing you. Tell them you will give them 8 weeks to investigate after which time you will refer the matter to the legal ombudsman.

It is now well established that if you have been bankrupt and the PPI was sold prior to the bankruptcy, the funds are the property of the OR subject to the lender's right of set off. CMCs should explore this prior to signing you up, though it doesn't always happen in the salesperson's haste to make a sale.

In the meantime keep a copy of the letter and a lot of all contact you receive from them. If it is practical then think about changing your number. Ignore their empty threats and don't let them stress you. They are unlikely to proceed to court action over the matter and it is very likely the complaint will be found in your favour as they have been negligent.

Edit: just reread the original post and seen that they actually told you your bankruptcy would make no difference. I suggest in your complaint you ask them to listen to the original sales call. I suspect it may have been conveniently lost or not recorded. However, this should have no bearing. It is obvious to anyone with half a brain that nobody in their right mind would agree to use their services if they were aware that they would receive nothing but would still owe a cut of any redress.

Legal_Ombudsman

Generally speaking, in these situations, we would expect a CMC to not only ask about previous or current bankruptcy and/or individual voluntary arrangement (IVA); but also to advise any claimant that (i) the Official Receiver (OR) may have a call on any award, and (ii) the CMCs fees would still be due in the event of a successful claim. This advice should have been given before the claimant signed up for the CMC’s services.

If this did not happen, then you would need to complain in writing to the CMC. We would recommend that this is sent either by email, or by recorded delivery. If you do not receive a satisfactory response, or do not receive any response within 8 weeks, then you can bring your complaint to us – 0300 555 0333 (option 1) or [EMAIL="cmc@legalombudsman.org.uk"]cmc@legalombudsman.org.uk[/EMAIL]. Please remember, you will need to bring your complaint within six months of receiving the final response from the CMC.

magpiecottage

Legal_Ombudsman wrote: »

If this did not happen, then you would need to complain in writing to the CMC. We would recommend that this is sent either by email, or by recorded delivery.

Why do they need to use Recorded Delivery?

Generally proof of posting (free from the Post Office) is accepted as satisfactory evidence of delivery two working days later. That is certainly the case with other Ombudsman Schemes I have been involved with.

That said, an e-mail complaint does not even involve the cost of a stamp and gives an instant record.

Glen2911

Hi I've just received a cheque from Barclays for £890 ,I used The claims guys .they are now demanding 30% which I think is extortionate. Are they legally allowed to demand this from me .?

nidO

Yes, if that's the fee percentage you agreed to when you signed up with them.
If you think 30% (note that this is 30% plus VAT) is extortionate, why did you agree to it when asking them to handle your claim?

dunstonh

Glen2911 wrote: »

Hi I've just received a cheque from Barclays for £890 ,I used The claims guys .they are now demanding 30% which I think is extortionate. Are they legally allowed to demand this from me .?

You are correct that the fee they take is high for only sticking a stamp on an envelope. Just think about the people that get back many thousands. Yours is small by comparison.

However, you agreed to it and knew the commission rate they would take before you agreed to it. You clearly thought that you could not put a stamp on an envelope and that is why you entered into a contract with them and now have to pay them as per your contract.

You really need to take these things more seriously in future. You got PPI wrong. Now you got the CMC wrong. Once bitten, twice shy but not in your case.

Stevie_Palimo

It never ceases to amaze me that people put more effort into complaining than they would do researching something/someone and if they used the energy first off as opposed to after and complaining and thought let me check this out prior to agreeing then we would have a happier place.

magpiecottage

Stevie_Palimo wrote: »

It never ceases to amaze me that people put more effort into complaining than they would do researching something/someone and if they used the energy first off as opposed to after and complaining and thought let me check this out prior to agreeing then we would have a happier place.

If they had used the energy in deciding if they needed PPI or not at the outset it would have been happier still.