PPI Refusal via FOS through 3rd party then a reclaim directly

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Help?
I put in for a Barclaycard PPI claim via a 3rd party back in 2012 - I felt receiving something was better than nothing at the time. The claim was refused and then passed onto the FOS who upheld Barclaycards decision, however recently I was advised by a friend and having looked on this website that it would be worth trying again.
Directly through the Barclaycard website I put in a new claim, this again was refused and referred back to my previous claim in 2012 however I then applied for a compensation claim, I am guessing in line with the Plevin case? The Barclaycard website referred you to this link. This month I received a letter dated 5/1, but didn't receive until 12th, stating that I was entitled to an amount and that it would be credited to my account. On checking my account the funds were already in there.
On Friday 19th Jan I received a letter from the 3rd Party I used previously stating that they had received correspondence from Barclaycard with regards to the amount paid to me. This third party enclosed an invoice and also have stated the their advice would be to 'escalate this matter to the FOS as we need to contest the amount of redress offered to try and get you the full refund we believe you are owed' Of course this will incur further charges from them.
This 3rd party company has not had contact with me over this claim since 2012 and I claimed directly through Barclaycard myself, so am I obliged to pay this invoice for their fees? As at no point did they get in touch and advise me to try again to claim once the FOS decision was made? Help does anyone have any advice or knowledge of if I have to go down their route??
Much appreciated...

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  • dunstonh
    dunstonh Posts: 116,512 Forumite
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    On Friday 19th Jan I received a letter from the 3rd Party I used previously stating that they had received correspondence from Barclaycard with regards to the amount paid to me. This third party enclosed an invoice and also have stated the their advice would be to 'escalate this matter to the FOS as we need to contest the amount of redress offered to try and get you the full refund we believe you are owed' Of course this will incur further charges from them.

    This is complete rubbish by the CMC. Possibly trying to get their footprint on it as they have no right to bill you unless they get involved again with the plevin ruling. Their contract is deemed to have ended after the FOS rejection.
    As at no point did they get in touch and advise me to try again to claim once the FOS decision was made?
    It woudlnt have made any difference if they had. Your second complaint was rightly rejected again referring you to the original decision. That was always the likely outcome as banks are much better at spotting repeated attempts than they were a decade ago.

    The plevin issue is something different. Your complaint on missale remains a failure. The CMC has no right to the money unless you signed a new contract with them or it was part of the continuous service (which yours wont be given the year - someone using a CMC today would be).
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    JoanneBuzz wrote: »
    This 3rd party company has not had contact with me over this claim since 2012 and I claimed directly through Barclaycard myself, so am I obliged to pay this invoice for their fees? .
    No.

    As above, the Claim Company cannot charge a fee for this Plevin Refund. Your contract with the firm was concluded in 2012.

    If you have difficulty getting the Claim firm to withdraw their invoice, make a formal complaint and refer it to the Legal Ombudsman if necessary.
    https://legalombudsman.live-chat-help.com
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