Claims Management company and 84 yr old Dad

Alpine_Star

para1505 wrote: »

My solicitor through which legal has just reiterated that he didn't consent to the service starting as no waiver has been signed before the work commenced. Various clauses mentioned in the specific act of law and advised to company and await response before deciding on next step.

''If the consumer wishes any services to commence within the 14 day cancellation period you should gain their explicit consent''


Page 12 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf


Thing is did your father attempt to cancel within 14 days?

para1505

Thanks for all your replies. Local Trading Standards have now reviewed all the contract material and have opened a formal investigation having found serious breaches of my Dad's consumer rights.

Legal_Ombudsman

para1505 wrote: »

The Legal Ombudsman and Claims Management Regulator both say they would not deal with this as its a legal matter of consumer law.

Hello para1505,

Some of the issues you mention do sound like something we could potentially investigate. It is very difficult to offer advice without knowing more about the case and I apologise if you have already gone through this with us and we weren't able to help.

We would like you to contact us again so that we can discuss it in more detail with you. If it is something we cannot help with, we will explain fully why this is. If there are any service issues identified, we can look into these for you and even help you to make a complaint to the claims management company. If you would like to call us on 0300 555 0333 and press option 1 to speak to a member of our claims management team, we'd be happy to talk to you further.

dunstonh

Please keep us updated as it is the unusual cases like this which are really interesting to know about.

In relation to your posts, I looked at the T&C of a number of claims companies, and not one of them catered or had any clause/waiver or information about the 14 day rule.

unholyangel

dunstonh wrote: »

I suspect this is going to turn into a grey area that is untested. CMC = claims management company.

A CMC is not regulated by the FCA. However, they are a service that uses the regulated complaints process and ombudsman of financial services companies. A process that requires things to be carried out within a timely manner. You cant just wait 14 days. Unregulated financial services are still financial services. So, is the CMC operating within financial services or not.

You're wrong btw - financial services are not exempt from the CCRs. Only contracts for the provision of "services of a banking, credit, insurance, personal pension, investment or payment nature;"

The claims management company are not providing any of those - or even providing a financial service. The service they are providing is one of administration.

dunstonh

You're wrong btw - financial services are not exempt from the CCRs. Only contracts for the provision of "services of a banking, credit, insurance, personal pension, investment or payment nature;"

You have just described the majority of retail financial services.