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PPI Agreement - % fees in unsigned document

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anfieldroar
anfieldroar Posts: 11 Forumite
edited 26 June 2016 at 5:01PM in Reclaim PPI & other insurance
Hi, quick question re PPI fees.

After a successful PPI claim via a PPI company (started 12 months ago, just been successful now) I find that what I actually signed was a Letter of Authority which didn't mention the exact % fees to be paid. This was apparently in another document - that wasn't signed - that I was sent at some point.

Is it legal for them to say that I owe x% when I didn't sign a document stating the %?

Surely that could lead to anyone changing the other unsigned document to whatever they wanted?

Confused, so any advice would be appreciated.

TIA

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It would need to be relate to the fees that were in effect in the t&cs at that time. So yes, it's legal as long as they can demonstrate that correlation.
  • dunstonh
    dunstonh Posts: 119,624 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Technically, signatures are not required on a contract. You can accept them by other means.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Alpine_Star
    Alpine_Star Posts: 1,372 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    dunstonh wrote: »
    Technically, signatures are not required on a contract. You can accept them by other means.


    Groan.


    ''A contract between a business and a client must be signed by the client and the business may not take any payment from the client until the contract is signed.''

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/380623/CMR_Conduct_of_Authorised_Persons_Rules_Oct14a.pdf



  • anfieldroar
    anfieldroar Posts: 11 Forumite
    Is this all unfair so that the agreement/contract is basically illegal?

    They knew how easy it was to send off my signed form (that's all they do) yet they didn't tell me I could do it. Don't they have a duty here to do so? Aren't they fully aware that they will be profiting excessively from this? Surely consumers are protected from this sort of behaviour?

    Also, with me signing something that didn't specify the fees, then it's open-ended, which surely can't be right? They could say 95% if they wanted couldn't they? Do they do this open-ended stuff to make it difficult for people to see what they are really signing up for?
  • -taff
    -taff Posts: 15,332 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is this all unfair so that the agreement/contract is basically illegal?

    It's not illegal, you signed the contract with them, and either you didn't receive the etter telling you how much they charge, or you did and lost it. Also, you signed up with a PPI company without knowing how much they were going to charge in advance, which is your own fault.
    They knew how easy it was to send off my signed form (that's all they do) yet they didn't tell me I could do it. Don't they have a duty here to do so?

    No, you had a duty to check yourself. You could have gone to the webpage of any large company and looked at their PPI complaints procedure yourself.
    Aren't they fully aware that they will be profiting excessively from this? Surely consumers are protected from this sort of behaviour?

    Of course they are. They profit because people can't be bothered, think it's too difficult, or don't educate themselves.


    You came here to ask questions about a PPI company. If you had come here to ask how to complain we would have told you how to.
    Non me fac calcitrare tuum culi
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 27 June 2016 at 3:33PM
    They knew how easy it was to send off my signed form (that's all they do) yet they didn't tell me I could do it.
    That's like saying, for example, that Tesco's should have to tell you that you can also shop in Asda where it is cheaper
    Aren't they fully aware that they will be profiting excessively from this?
    Of course they are aware of their own business model. They also made you aware (prior to you agreeing) that they would charge you that percentage of any redress you might win.
    Also, with me signing something that didn't specify the fees, then it's open-ended,
    How is it open-ended?You signed a letter of authority to allow the Claim Company to represent you in PPI complaint(s). You are not seriously trying to say that you had no idea how much you would be charged?

    Regardless, all this is moot. If you genuinely feel disgruntled you should in the first instance detail your concerns to the Company. After eight weeks, or if you receive a response which you remain unhappy with, you can refer your complaint to the Legal Ombudsman.

    In the meantime, don't spend the money...
  • takman
    takman Posts: 3,876 Forumite
    1,000 Posts Combo Breaker
    Is this all unfair so that the agreement/contract is basically illegal?

    They knew how easy it was to send off my signed form (that's all they do) yet they didn't tell me I could do it. Don't they have a duty here to do so? Aren't they fully aware that they will be profiting excessively from this? Surely consumers are protected from this sort of behaviour?

    Also, with me signing something that didn't specify the fees, then it's open-ended, which surely can't be right? They could say 95% if they wanted couldn't they? Do they do this open-ended stuff to make it difficult for people to see what they are really signing up for?

    This is what happens when you don't take responsibility for your financial decisions. First you take out insurance that is unsuitable for your needs and then you pay someone over 30% fees when you could have claimed it back for effectively a few pounds.

    This should be a lesson for you that you need to do sine research before committing to things and not complain after it happens that you "were not told".
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