Plevin - are CMC's entitled to commission??

Jeni_B

Hi,
Hoping someone can advise. In 2014 I used a CMC (crazy I now know!) to claim PPI.
This was declined by bank, went to the Ombudsman and was also declined. They suggested a no win no fee solicitor which I declined and thought that was the end of it.
Anyway, a couple of weeks ago I received a Plevin payout and now the CMC are claiming 25% commission...
Surely Plevin is a totally separate matter and not part of the mis selling claim?
They have now sent me a copy of the Ombudsman reply which does say they were going to look into Plevin however I was never given this letter at the time and knew nothing of it.
The CMC also sent someone to my house to ask for payment which I felt was an intimidation tactic.
I've put in a complaint and said I will be taking it to the legal ombudsman but worried what they can do before I get a response.
Ang help will be greatly appreciated...
Thank you for reading.

dunstonh

Surely Plevin is a totally separate matter and not part of the mis selling claim?

it depends.

If the CMC closed the complaint after it was rejected and did not make you aware of Plevin then they are not entitled to be paid as the service ended 6 months after the rejection.

If the CMC told you that there was something the FCA was looking at but you would have to wait then it would be a continuation of their service and they are entitled to be paid.

The ministry of justice published the rules here:
https://www.gov.uk/government/publications/claims-management-companies-plevin-guidance/plevin-guidance-for-claims-management-companies

Section 3 is the key bit.

All you can do is make your complaint, which they will almost certainly reject and then refer it to the LO.

The CMC also sent someone to my house to ask for payment which I felt was an intimidation tactic.

The sooner these companies are properly regulated the better.

Jeni_B

Thank you for your response. They didn't tell me but I suspect they'll say they did! I guess my word against theirs?
Not sure what will happen if I refuse to pay ...

[Deleted User]

Jeni_B wrote: »

Thank you for your response. They didn't tell me but I suspect they'll say they did! I guess my word against theirs?..

They'll have to be able to produce written proof that they told you. If they can and you refuse to pay they'll pursue this all the way to court. If they can't provide such evidence you have nothing to pay.