Claimeazy demanding a payment even though my PPI was unsuccessful

thetonyshort

Hello

In the summer I engaged a PPI company called Claimeazy to act on my behalf to explore whether I can claim back on PPI. The process itself was quite straight forward and pain free, to a point that my Bank was engaging with me by letter to say they are investigating the claim further. Claimeazy were helpful during the process by keeping me up-to-date and moving the claim along. However, my bank wrote back to say my claim was rejected. It was at this point where things have turned sour. Claimeazy sent me a letter to say they can escalate this to the Obudsman and to do this I need to grant them permission. For whatever reason, perhaps the lack of time, I never returned the letter. Claimeazy are now wanting £150 off me because of the failed claim. They stipulate this was part of the agreement that I signed, naively I did not realise this as they promote themselves as being "no win no fee".

I have now received a number of letters warning me they will take intervention of the County Court to recover the debt.

Have I just been shortsighted of the T&Cs and have to make this payment or is this something I could challenge?

rizla_king

b) If you cancel the contract after these 14 days we reserve the right to make a reasonable charge for the work undertaken in pursuit of your claim.

c) If we start your claim but you do not supply all the information requested this will be deemed as a contract cancellation outside the first 14 days and we reserve the right to make a reasonable charge for the work undertaken in pursuit of your claim.

d) If you withdraw a claim prior to redress being paid, but after the claim has been lodged by us and upheld by

the company, you will remain liable for the Fee, irrespective of whether you choose to use another claims management Company.

thetonyshort

Thanks for your prompt response.

So they are the T&Cs I should have read :-)

In the event I did go ahead with the Company escalating it to the Obudsman but I was still unsuccessful, would it only be then when I don't have to pay a fee?

Thanks, Tony

societys_child

For whatever reason, perhaps the lack of time, I never returned the letter

You may have left it too long for it to be escalated. How long since you received the rejection letter?

magpiecottage

"c) If we start your claim but you do not supply all the information requested this will be deemed as a contract cancellation outside the first 14 days and we reserve the right to make a reasonable charge for the work undertaken in pursuit of your claim."

I think that a FOS form is a "document", not "information". As such, the term in the contract is, at best, ambiguous and a court would normally interpret an ambiguous term in such a contract against the party drafting it.

However, other parts of the contract do say (in the tiny font used) that they expect such documents to be submitted.


" If you withdraw a claim prior to redress being paid, but after the claim has been lodged by us and upheld by the company, you will remain liable for the Fee"

Again, this seems to work against the CMC because, although you withdrew after 14 days and after the complaint had been submitted, it was rejected and therefore, by definition, this cannot have been after it had been upheld.

However, there is a further issue in that you went to FOS yourself and the complaint was unsuccessful. If you had succeeded, I suspect the CMC might have had a valid claim against you.

However, the reality is that it would have done no better. The FCA, FOS and the Claims Regulator all say the same.

So I suggest you complain to the CMC and, if necessary, refer the matter to the Legal Ombudsman. The process is very similar to FOS and also free to you.