Falcon & Pointer - cold calls

magpiecottage

Legal Ombudsman - I think the point is that Falcon & Pointer scammed a vulnerable old lady out out of £238 for a service which, if it ever existed, they knew was never likely to have been of any value to her anyway and now will not answer correspondence.

The only evidence of misselling seems to be Falcon & Pointer.

Alpine_Star

magpiecottage wrote: »

Legal Ombudsman - I think the point is that Falcon & Pointer scammed a vulnerable old lady out out of £238 for a service which, if it ever existed, they knew was never likely to have been of any value to her anyway and now will not answer correspondence.

Incredible isn't it?

Legal_Ombudsman

jill079 wrote: »

All I know is that my mother ( 87 years old) was called and duped into giving bank details. (I know we warned her) They took £238;00 approx: before she had time to notify her bank (about 3 hours ) and now we cannot contact them and they don;t reply to e-mails. They said she could claim somewhere in the region of £2,000 from TSB. I told Falcon and Pointer that they could not claim something which never happened, and they would send out a pack of forms to fill in. This never happened and it seems as we cannot get through to them Mother has lost(had stolen) £238.00 approx: taken from her.
Any one got any ideas on how to reclaim this.

Hello Jill079,

We have received some information this morning which has allowed us to apply discretion to these cases. If you have a complaint against Falcon & Pointer Ltd, we can now accept these and you do not need to contact Falcon & Pointer Ltd first.

You can find a complaint form available on our website http://www.legalombudsman.org.uk/cmc/#download-form or you can contact us on 0300 555 0333.

magpiecottage

fermi wrote: »

Same building as:

https://www.claimsregulation.gov.uk/details.aspx/30794

As a result of an investigation, the Claims Management Regulator has decided to impose a financial penalty of £567,423 on Rock Law Limited.

Falcon & pointer = Suite C, 4th Floor, Princess House, Princess Way, Swansea, Wales, SA1 3LW

Rock Law = Suite A, Floor 2, Princess House, Princess Way, Swansea, Wales, SA1 3LW

It might save time if the MOJ acknowledged what we all suspect - that any CMC based in Swansea is a scam - and close the lot down.

fermi

Certainly does seem to be scammer 'central HQ' here in the UK.

magpiecottage

Maybe it should be renamed Scamsea!

Sorrel74

Please help me too.....


I had the call from them and they took £300 off my credit card and now I cant find any contact details for them. Anyone out there that can help?

magpiecottage

Sorrel74 wrote: »

Please help me too.....


I had the call from them and they took £300 off my credit card and now I cant find any contact details for them. Anyone out there that can help?

Note the comment from the Legal Ombudsman above and submit your complaint.

Note too that if they did not have either a written signature or an online agreement which allowed them to take the money, there was no valid authorisation to take any money from your account.

You can therefore go to your card issuer and tell them that it is an unauthorised debit to your account and ask for your money back.

fermi

I would suggest people do not delay either, as seems likely this one will go the way of Rock Law et al. i.e. company shut down and liquidated, where you may not get anything.

magpiecottage

fermi wrote: »

I would suggest people do not delay either, as seems likely this one will go the way of Rock Law et al. i.e. company shut down and liquidated, where you may not get anything.

Looking at this, if the complaint is made whilst the current professional indemnity insurance is in place, then the complainant will gain a right against the insurer if they can establish that the CMC has a liability to them and the CMC becomes insolvent.

This is under tue Third Parties (Rights Against Insurers) Act 2010.

Section 1(4) says,

"(4)For the purposes of this Act, a liability is established only if its existence and amount are established; and, for that purpose, “establish” means establish—

(a)by virtue of a declaration under section 2 or a declarator under section 3,

(b)by a judgment or decree,

(c)by an award in arbitral proceedings or by an arbitration, or

(d)by an enforceable agreement."

In effect (c) would be the Legal Ombudsman.

What I am curious about here is if the Legal Ombudsman made the award, would that make the complainant then be eligiblee to take the insurer to FOS.

My view is that DISP 2.7.6 (6) says they are eligible if "the complainant is a person on whom the legal right to benefit from a claim against the respondent under a contract of insurance has been devolved by contract, assignment, subrogation or legislation (save the European Community (Rights against Insurers) Regulations 2002)". The legislation being derived from the UK Act not the EC regulations. (The 2010 Act is actually a clarification of a pre war Act from long before the EC existed).