escalation to Ombudsman

matchplayer

Hi had a success of two claims through a claims management company (Ouch) which were to do with my previous personnal mortgage with the Halifax. The 3rd I realised would be due for my /our current mortgage, which the wife pays for from her own account, which just happens to be a Joint Account, hence it was flagged up in a search of my name. I phoned the bank immediaetly & asked for all correspondence with claims company to be halted & to only deal directly with myself. They agreed to this & sent a letter confirming such. They also said they would contact the company to let them know & advised me to do the same. I did do so, but company declines receiving such a letter, I did not use recorded delivery! 10 days later I got a further settlement letter from Halifax. The cash this time was paid into my Wifes account (Joint) not mine as per previous 2. 2 days after this the claims company contacted me saying "Good news... blah blah blah, halifax have been in touch with another successful result" I responded that they should not have been in touch & stated my reasons why. I contacted the Halifax & they found the letter was filed on my account but under the previous awards reference number! They promised to investigate. I have since informed them that I would like them to pay the bill of £1400 I am now being asked for? They have failed to respond & I then sent a recorded delivery letter asking for them to respond by a certain date which has now passed today. Still no response, how do I escalate this to Financial Services ombudsman? Had they adhered to my instructions, The claims company would not have been aware & therefore not been able to issue a bill?

dunstonh

I have since informed them that I would like them to pay the bill of £1400 I am now being asked for?

It is not their responsibility to pay that bill.

how do I escalate this to Financial Services ombudsman?

The ombudsman won't tell them to pay the bill of a claims company. So, that will be pointless.

The claims company would not have been aware & therefore not been able to issue a bill?

It can depend on the contract with the claims company. Many state in their contract and their authority letter that it applies to all debts with the lender.

It should also be noted that the account the mortgage is paid from is irrelevant. The key thing is the name the PPI is in. If only you signed a contract and the PPI was in your wife's name then the claims company has no contract with your wife. So, they are not entitled to anything.

Your dispute is effectively with the claims company and the ombudsman does not cover them.

What you need to clarify is whose name is the PPI in (yours, wife or joint). If you are party to the PPI, then you need to check your contract with the PPI company and see what that says (i.e. does it say all debts with a lender or just the ones you mentioned to it)

magpiecottage

I agree - the dispute is with the CMC, not Halifax.

In addition, if the CMC has no contract with the OP's wife it is likely to find the debt difficult to enforce if the policy is in her name.

The OP can complain to the CMC and if necessary to the Legal Ombudsman.