Dementia - Consumer Claims Company

lafk71

Hi there

My father was diagnosed with dementia in January although we knew he was heading that way for some time. My mother went into hospital in December, developed delirium and has never fully recovered (it's basically like both have severe dementia).

They have signed up with a claims company (I am assuming it's the one I'm asking about on here, as my mother has thrown out all paperwork ) and they received two cheques from RBS... and the claims company took 39% (I am still smarting about that). They are "old school" so wouldn't have dreamt of asking for advice from myself or my siblings.

My father has received a form from Consumer Claims stating that RBS owe him PPI on a credit card. My questions are:

• Does anyone have experience of this mob?
• Am I able to contact RBS direct myself on his behalf (I have POA) and claim so they don't get anything, or are we tied in?
• Do I have a case that my dad has dementia, although only diagnosed in January and they may have signed up beforehand?
• How can these companies get away with 39%!!!?

Thanks very much in advance.
lakf71

I_Love_comps

As you have POA for your parents, then yes I would contact them. Explain that your parents had dementia when signing up. Just see what there response is .


I have a parent with this illness and so I know what is like. As you have POA , you should be able to discuss this with them.

dunstonh

Does anyone have experience of this mob?

They come up every now and then.

Am I able to contact RBS direct myself on his behalf (I have POA) and claim so they don't get anything, or are we tied in?

its too late now. You can only withdraw during the cancellation period without incurring a charge. Later in the process they can make an admin charge. However, once the complaint has been upheld, their service is complete and the money owed in full.

How can these companies get away with 39%!!!?

Because they can. It is a massive figure for 5 minutes work, an envelope and a stamp but that is how it goes with no win no fee companies.

All you can really hope for is to mention dementia to the company and see if they back down. My gut tells me they won't at this stage but they may reduce it.

[Deleted User]

lafk71 wrote: »

Do I have a case that my dad has dementia, although only diagnosed in January and they may have signed up beforehand?

Your Dad would have to have been properly diagnosed prior to his signing the contract for you to have any hope of getting the Claim Company to forgo their fees here.

lafk71 wrote: »

Am I able to contact RBS direct myself on his behalf (I have POA) and claim so they don't get anything, or are we tied in?

If your father has already agreed for this firm to represent him in PPI complaints then your Power Of Attorney won't circumvent that legally binding contract, I'm afraid. However, it makes sense for you to check the terms of that contract to see exactly what he has agreed to.

kingstreet

Did he/they have capacity to enter into a contract at the time he/they signed the contract with the CMC?

It's likely a simple test of capacity would have been carried out by a social worker, doctor or CPN well before a definite diagnosis of dementia.

At what point was your POA granted? Was capacity established then? Has it been registered with the Court of Protection?