ppi fines

bnzedman

Hello I proceeded to claim PPI through a company called chandler simmons. I signes forms and they sent me letters but the number on the letter didnt work. I also had texts off them when I replied they would not answer. Also no replies to emails I sent. I forgot about them and proceeded to claim ppi back myself. They are now threatening me with fines as I did not let them carry out the claim. I am refusing to pay. What are my chances in court?

McKneff

If you signed to allow them to claim for you then you have to pay, simple as that.

They cant fine you, but they will take you to court for the money.

You have to prove that they didnt answer you or that the number didnt work.
Can you do that. If not, then pay them,

dunstonh

They are now threatening me with fines as I did not let them carry out the claim.

They have no legal ability to fine you. They can charge you for work done after you entered into contract with them. CMC rules require the contract to be signed and not verbally agreed.

I am refusing to pay. What are my chances in court?

if you signed the contract then you will almost certainly lose. If there is no signed contract then you would almost certainly win (as long as the judge is aware that CMC rules require a signed contract -if not you can point it out as its in the CMC conduct rules).

You could contact the bank and ask them if they ever received a letter from the claims company putting a complaint in on your behalf. Put his request in writing and you will get a written response from the bank which you can use as evidence. If the bank say they never received any complaint from the CMC, then the CMC failed in its duty to carry out the job they were employed to do.

If you did sign the stuff and send it back and it was you that was causing hold ups and they are charging you for work done, then you will need to have evidence to show that you did reply and it was they who did not act on your replies.

adam_thedon

3 to 4 years ago I used to work for a CMC on credit control and recoveries. Quite often I saw cases like this where people claimed and for whatever reason x amount of time passed and they'd proceed by themselves and then refuse to pay us. Legal action was sought against these individuals and it never went in favour of the customer as long as the relevant forms were correctly signed when the 3rd party is originally contacted. Long story short, you're liable for fee's unless before proceeding to claim on your own you rescinded authority and contacted the 3rd party (usually a fee involved with this process)