out of the ble

donnalou1409

Hi All
my husband did a ppi claim nearly 5 years ago through EMCAS - we never heard from them apart from the first year or so stating that there was further information needed due to breaks in work etc the last contact we had must be 3 years ago when we rang them to ask if anything was happening and they stated that we needed to contact the Financial Ombudsman if we wanted to take it further
we didn't do this and wrote the whole thing off - Have had not an inch of contact with Emcas Since
Today we receive a cheque for "our acceptance of the proposed Settlement" from our bank but Not EMCAS.....
1) we haven't accepted anything - as far as we were concerned it was to be referred to the ombudsman if we wanted to take it further - we've had no emails/letters or phone calls from EMCAS in the last 3 years and have never spoken to the bank about it
2)are we now liable for the fees from Emcas... the letter from the bank doesnt mention Emcas


advice needed please - slightly concerned if we spend it and then get a bill 6 months down the line from Emcas and has anyone argued the case with emcas or similar company for the lack of communication/correspondence etc
don't know what to do for the best
Kind regards


Donna

dunstonh

Today we receive a cheque for "our acceptance of the proposed Settlement" from our bank but Not EMCAS.....

Redress always comes from the bank. Not the CMC.

2)are we now liable for the fees from Emcas... the letter from the bank doesnt mention Emcas

No. EMCAS contract ended when the complaint originally ended.

advice needed please - slightly concerned if we spend it and then get a bill 6 months down the line from Emcas and has anyone argued the case with emcas or similar company for the lack of communication/correspondence etc

The ministry of justice covered this exact scenario back in 2014 when it stated that CMCs should not be coming after people for fees on cases where complaints have been reviewed and decisions changed.

donnalou1409

Hi Thanks for the quick response


we actually never took it further with the ombudsman and so thought that was it and never even thought about it again and presumed it closed and forgotton about But we have never actually had anything from Emcas stating it was closed or contract ended etc etc weve had nothing in writing from them (our last time of contact was when we rang them and they advised to speak to the Ombudsman - im cautious now that it "wasn't closed" so to speak and they are going to want there fee so to speak

[Deleted User]

donnalou1409 wrote: »

im cautious now that it "wasn't closed" so to speak and they are going to want there fee so to speak

The only way you are going to know is to contact the Claim Company, but I understand you will be reticent to do that.
I'd say that three years without any contact is long enough to argue that the case was indeed closed, but how was it that the Bank actually decided to pay out? If the case has been with the Ombudsman for three years then the claim company may have a valid claim for their fees. If the Bank simply looked again at your case for whatever reason, the claim company has no claim.

Contact the Bank and ask them to explain why they have suddenly paid out on a five year old complaint...

DevonMoneySaver

So i use to work from EMCAS and i am not surprised by the 5 year gap. There internal processes are appalling!

However i would say given that the company that ownes the EMCAS name have just called in administrators i wouldn't worry too much about paying the fees. There fees are wholly unjustified given the amount of effort they actually put into processing your claim!