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Misled over fees for reclaming bank charges

I'd appreciate any advice anyone could offer with this.

I recovered some PPI with a company last year.
This year I was contacted by a company saying they'd helped me get PPI back last year and asked about whether I'd ever been charged for a bank account and said they could help me with that. I said yes. They didn't mention their fees during the call but they sent me a contract which I signed and returned.

The claim was successful and they then stated the fee was 30% plus VAT.
This was significantly more than the fee I was charged last time for the PPI.
I asked why was this and they told me they were actually a different company / partner company.
I said I wouldn't have done it if I'd known the fees would be that high and that no one had mentioned the fees during the call and that I assumed the fee would be the same as wasn't told any differently.

They said someone should have told me the fees during the initial call and were going to check the recording of the call. They weren't able to find the recording of the call.

I said I wasn't happy with paying that amount as it wasn't clearly advertised.
They have now sent me a letter with a copy of the contract I signed and which does state the 30% fee in it and therefore they feel I was adequately warned about the fees....

So, my question is - does the % fee stated in the small print of the contract constitute fair/sufficient warning of their pricing or did they have a duty to more explicitly state their fees?

I understand I have been somewhat negligent but still interested whether I have any rights and hope to pay the same fees as I paid for the PPI which was around 20%.

Any answers gratefully received.

Thanks

Comments

  • dunstonh
    dunstonh Posts: 119,850 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    They didn't mention their fees during the call but they sent me a contract which I signed and returned.

    The contract would mention the fees.
    So, my question is - does the % fee stated in the small print of the contract constitute fair/sufficient warning of their pricing or did they have a duty to more explicitly state their fees?

    Yes. That is what a contract is for.
    I understand I have been somewhat negligent but still interested whether I have any rights and hope to pay the same fees as I paid for the PPI which was around 20%.

    Missold PPI. Missold packaged bank accounts. Missold claims companies. Once bitten. Twice shy. Three time......

    You really need to take more care.

    And that is before we mention that claims companies do nothing more than put a stamp on the envelope containing your complaint and send it to the same address using the same free of charge complaints process you would have used had you dont it yourself.

    As much as most of us here dislike claims companies, if you signed the contract agreeing your terms and there is no evidence of you being misled, then you have little to complain about.
    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.
  • Fair do's... thanks for responding.

    Thought it was worth asking anyway.

    Cheers.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 23 July 2016 at 11:28PM
    debt_slave wrote: »
    They have now sent me a letter with a copy of the contract I signed and which does state the 30% fee in it and therefore they feel I was adequately warned about the fees....
    This is all the proof they require. You've signed your agreement to that % fee. You can't now attempt to renege on a legally binding contract just because (clearly) you failed to read the terms!

    If you continue to withhold full payment, the
    company will engage debt collectors and, ultimately, court.
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