CMC: Do I Have to Pay Them??

supaleeds

Hi. Some advice please if anyone can give me some!

I made an unsuccessful claim for PPI back in 2012. I went to the Ombudsman but because it was a store card taken out in the 1980's they said that they were unable to help.

I was then approached by a CMC who offered to run a check on whether or not I had PPI in the past and this same store card re-appeared. I let them make an application on my behalf and last month was told by the CMC and the store card provider that I had been unsuccessful again. They urged me to go to the Ombudsman and I duly completed all the forms. I then received a letter from the claims company telling me that as I had applied previously in 2012 they couldn't refer it to the ombudsman as this had to be done within 6 months of the original claim being made.

I then wrote direct to the store card company explaining the reasons yet again as to why I believed that I had been mis-sold this PPI and challenged the reasons they had given for rejecting the claim.
To my absolute astonishment they have now up held my complaint and have offered me just short of £6,000.

My question to you is - On the basis that the CMC have written to me to say that the claim can not be referred to the ombudsman and that there is basically no more they can do - Will they still be entitled to their share? Could I argue that had I not written independently to the company challenging their decision they would not have made me this offer and therefore neither of us would have got anything?

I only used the CMC in the first place because I knew I had previously applied and got nowhere. I do accept that it is unlikely that I would have gone through the motions of re-applying to the same company given the previous outcome.

Any advice would be appreciated.

Thanks

[Deleted User]

Check the terms you signed, but yes, they probably have a valid claim.

They spent money on the stamp to send your complaint in and will now want their cut.

McKneff

You have no choice, just pay up and enjoy the balance.

magpiecottage

I disagree with the other posters. If the CMC has said, in writing, that the matter cannot be referred to FOS because of the previous complaint they have, in effect, said there is nothing more they can do and ended the contract with the OP.

If the OP subsequently, on his own initiative, complained again and was successful the CMC is not entitled to a share. If the CMC demands one then the OP should complain to the CMC on this basis.

supaleeds

magpiecottage wrote: »

I disagree with the other posters. If the CMC has said, in writing, that the matter cannot be referred to FOS because of the previous complaint they have, in effect, said there is nothing more they can do and ended the contract with the OP.

If the OP subsequently, on his own initiative, complained again and was successful the CMC is not entitled to a share. If the CMC demands one then the OP should complain to the CMC on this basis.

Thanks mc I was thinking along the same lines. They haven't contacted me yet but I am presuming that they will do once the payment has been received from the company. Even a negotiated reduction would be better than nothing I guess.

dunstonh

Wasnt there a claims management bulletin that said that if the CMC said the case was closed but there was a payout later then the CMC should not bill against that payout unless they were involved in the work that led to that payout?

adam_adam

Unfortunately yes, you at one point signed the authority and t&c's agreeing for them to act on your behalf. Even though they may not have worked on you case for months now money has been paid out, as a cmc once acted for you they'll be entitled to monies owed. This is why you should never use a CMC, they've done thing but you'll still need to pay the invoice

dunstonh

Unfortunately yes, you at one point signed the authority and t&c's agreeing for them to act on your behalf. Even though they may not have worked on you case for months now money has been paid out, as a cmc once acted for you they'll be entitled to monies owed

Not necessarily. Once a CMC says the case is closed, they cannot claim money for any refund that occurs at a later date (i.e. through a review or action by the individual). This was in a CMC bulletin about 18 months ago