CMC company trying to claim payment on plevin award

Rogersfamily

dunstonh wrote: »

All other people that have posted on the site have so far succeeded in getting the CMC to back down after they mention the Ministry of justice website and what it says in section 3.

thanks Dunstonh!
i emailed them telling them they weren't entitled to anything as the payout is not for the original claim which had been rejected and closed over 2 years ago and that its a result of a claim i submitted last year and nothing to do with them.
they have replied to tell me that the Financial Ombudsman Service (FOS) advised them in 2016, that our PPI complaint was affected by the Plevin ruling and that the refund has come off the back of the work they started 4 years ago.
i have replied again and pointed out the MOJ section 3 as you state and reiterated that they had no part in this additional claim and had not sought my approval after the original rejection and closure to go after the card company again and certainly not for a different claim.
i am waiting for the reply. if you can offer any further suggestions i would greatly appreciate them as i intend to fight this all the way !

dunstonh

they have replied to tell me that the Financial Ombudsman Service (FOS) advised them in 2016, that our PPI complaint was affected by the Plevin ruling and that the refund has come off the back of the work they started 4 years ago.

And at any time, did the CMC notify you of this or did they tell you the complaint was closed?

If they did tell you that "your complaint failed. However, there was something new coming which could see a refund, so please wait until the consultation has been completed and we will then take it further" then that is continuous.

If they told you the complaint was rejected and over then that is final and they need a new letter of authority and permission to proceeed.

Rogersfamily

dunstonh wrote: »

And at any time, did the CMC notify you of this or did they tell you the complaint was closed?

If they did tell you that "your complaint failed. However, there was something new coming which could see a refund, so please wait until the consultation has been completed and we will then take it further" then that is continuous.

If they told you the complaint was rejected and over then that is final and they need a new letter of authority and permission to proceeed.

Thanks Dunstonh
i received a letter telling me the complaint had been rejected and they were referring it to the financial ombudsman and then a further letter saying that had failed also. i have not seen anything from them regarding plevin whatsoever! also it was well over 2 years ago so surely there is a time limit factor too?! this claim shows on my account as a new claim number to the previous one too so clearly a separate claim.
it is the same company as has been mentioned above so clearly they are trying this tactic on a lot of people! they need stopping

[Deleted User]

Rogersfamily wrote: »

it was well over 2 years ago so surely there is a time limit factor too?

Not in your case. If the Company had told you two years ago that they were waiting for the Plevin Ruling, then that would not be the subject of any time-bar.

The fact is that they didn't inform you that your complaint was pending Plevin and so cannot say that your complaint has been ongoing. That is the only important fact

So stick to that fact, don't try to manufacture additional regulations which do not apply and might dilute the effectiveness of your challenge.

dunstonh

If its the same one that has been mentioned then they have backed down in all bar one that we are aware of here. And they probably would have backed down on that on too had the person stood their ground.

Use that section 3 against them. That is the rule they have to follow. You can clearly see what it says and what they havent done. So, ask them to supply a copy of the new letter of authority they obtained or the correspondence that confirmed they had your permission to proceed.

Rogersfamily

dunstonh wrote: »

And at any time, did the CMC notify you of this or did they tell you the complaint was closed?

If they did tell you that "your complaint failed. However, there was something new coming which could see a refund, so please wait until the consultation has been completed and we will then take it further" then that is continuous.

If they told you the complaint was rejected and over then that is final and they need a new letter of authority and permission to proceeed.

the CMC have replied with the following (summarised)
the lender declined my PPI complaint in 2014
they referred it to the FOS
FOS replied to them in july 16 saying they agreed with the lender i wasnt miss sold. they went on to mention there could be a possibility of future payout based on a possible plevin vs paragon ruling (lots of possibles and maybes). i did not get a copy of this letter.
i submitted an online application last year based on the plevin ruling through the lenders website
the lender has now sent the CMC a copy of my refund letter and because they have stated the same claim reference number as was on the original claim and decline back in 2014 the fair trade practice say it means the refund has come off the back of their work and they are entitled to their fee
when i look on my fair trade practice account against the claim reference they all refer to it clearly states they have closed this claim
where do i stand on this can anyone advise please?

[Deleted User]

Rogersfamily wrote: »

where do i stand on this can anyone advise please?

Read the earlier responses both to you and others in this thread. The advice is to stand your ground and contest the bill. Refer your complaint to the Legal Ombudsman.

dunstonh

Rogersfamily wrote: »

the CMC have replied with the following (summarised)
the lender declined my PPI complaint in 2014
they referred it to the FOS
FOS replied to them in july 16 saying they agreed with the lender i wasnt miss sold. they went on to mention there could be a possibility of future payout based on a possible plevin vs paragon ruling (lots of possibles and maybes). i did not get a copy of this letter.
i submitted an online application last year based on the plevin ruling through the lenders website
the lender has now sent the CMC a copy of my refund letter and because they have stated the same claim reference number as was on the original claim and decline back in 2014 the fair trade practice say it means the refund has come off the back of their work and they are entitled to their fee
when i look on my fair trade practice account against the claim reference they all refer to it clearly states they have closed this claim
where do i stand on this can anyone advise please?

Nothing new to add I'm afraid.

If the CMC told you that there was something currently under review and that you had to wait until that review/consultation was completed then they are entitled to be paid. They have done their job (which was only to put a letter in the envelope and post it in the first place)

If the CMC did nothing after the complaint was rejected by the FOS and it was more than 6 months then they need to get a new letter of authority and permission from you to proceed.

Rogersfamily

dunstonh wrote: »

Nothing new to add I'm afraid.

If the CMC told you that there was something currently under review and that you had to wait until that review/consultation was completed then they are entitled to be paid. They have done their job (which was only to put a letter in the envelope and post it in the first place)

If the CMC did nothing after the complaint was rejected by the FOS and it was more than 6 months then they need to get a new letter of authority and permission from you to proceed.

thanks. the CMC did not inform me of it still being under review, they stated the claim as being rejected and closed. they have sent me a copy of a letter the FOS sent them stating the plevin ruling may be applicable later on but they did not send this to me. i have only seen this today.

they have not asked for permission to claim under the plevin ruling, not that they would even have done any work for it as the lender contacted me and i completed the online claim form. i have gone back to the CMC on the basis that the original claim was rejected and closed, they have not asked for my permission to contact the lender re plevin ruling and have not played in part in the latest claim - i await their reply

dunstonh

In which case, you stick to quoting the MoJ rules and play chicken with them until one of you gives in.