PPI gone all wrong :(

[Deleted User]

Nasqueron wrote: »

Maybe they did and OP made a mistake, maybe not, we don't know.

We do know.
The OP wasn't aware and so could not tell the CMC.

The CMC is only compelled to reject a customer if they are bankrupt or have an outstanding IVA etc

Mrwilson wrote: »

I’ve phoned the ppi company up and if I complaint, I should take it up with Santander h
as they were only made aware of the arrears yesterday! And there’s nothing they can do.

As already noted, you may have to let them take you to court over this if you genuinely cannot afford payment. £1 a week is out of the question unless you enter some kind of insolvency arrangement.

Nasqueron

Moneyineptitude wrote: »

We do know.
The OP wasn't aware and so could not tell the CMC.

The CMC is only compelled to reject a customer if they are bankrupt or have an outstanding IVA etc

Yes but it's still worth a proper complaint to the CMC who are required to ask this information and then make a complaint to the LO. Not sure why you're discouraging this, even in worst case scenario it still costs the CMC money to investigate and the customer friendly LO may well make the CMC give OP a payment plan which the CMC are highly unlikely to do otherwise.

[Deleted User]

Nasqueron wrote: »

Not sure why you're discouraging this, even in worst case scenario it still costs the CMC money to investigate and the customer friendly LO may well make the CMC give OP a payment plan which the CMC are highly unlikely to do otherwise.

The Legal Ombudsman is not likely to be able to help in this scenario for the reasons I've already outlined. The LO is a rather toothless organisation because CMCs are still not regulated (EDIT: by the FCA).

Not sure why an "investigation" will cost the CMC money?

EDIT:
Having said all that, I do agree that the OP should involve the Legal Ombudsman...

Nasqueron

Moneyineptitude wrote: »

The Legal Ombudsman is not likely to be able to help in this scenario for the reasons I've already outlined. The LO is a rather toothless organisation because CMCs are still not regulated. Not sure why an "investigation" will cost the CMC money?

EDIT:
Having said all that, I do agree that the OP should involve the Legal Ombudsman...

CMC have to investigate (costs them time / money to look into properly) and the LO has the power to force CMCs to obey their rulings which is sufficient here. The OP could argue they were not told that a loan with arrears would not get them any money but the fee would still apply (depending on what the forms say) which the CMC should have investigated before they put in a complaint about PPI on the loan rather than seeing £££ and complaining without checking.

CMCs are regulated by the Claims Management Regulator

https://www.gov.uk/government/groups/claims-management-regulator

contactus@claimsregulation.gov.uk

If you follow the link they tell you to complain to the LO if you have an issue with the service or complain to the CMR if there is an issue with the CMC breaching rules

https://www.gov.uk/complain-about-claims-company

Nasqueron

Mrwilson wrote: »

It was a genuine mistake from me, I didn’t know I had this loan, has I don’t pay it, the ex wife pays it through her debt management company which i only found out yesterday! No money comes from account to Santander or no money goes to my ex wife to pay Santander only maintenance to my kids!

I’ve phoned the ppi company up and if I complaint, I should take it up with sanatander has they were only made aware of the arrears yesterday! And there’s nothing they can do.

As per normal the CMC are lying to you. You are allowed to complain to them about their service and this fee issue - it's nothing to do with Santander who have paid out on the PPI complaint correctly.

Write to them (as in paper, letter) and obtain proof of posting from the PO (free). Don't send recorded. Make sure the envelope is marked complaint.

If you were not asked about the loan and if it had arrears then you have reason for complaint that they should not have proceeded with the complaint without advising you up front that if there was a problem with an old debt then you might not get any money but would still have fees to pay them - they should also have checked this before complaining.

Give them a chance to respond and then as and when they reject it, complain to the Legal Ombudsman about it and you may get lucky that the LO tells them to cancel their fees

Mrwilson

Cheers, I’ve phone md the LO up and they’ve told me to email the CMC and outline your reasons for the complaint, misrepresented and not looking into the case thoroughly is my argument (should I go with that?)
Await their reply and contact LO again when they reply with my complaint.

Nasqueron

Mrwilson wrote: »

Cheers, I’ve phone md the LO up and they’ve told me to email the CMC and outline your reasons for the complaint, misrepresented and not looking into the case thoroughly is my argument (should I go with that?)
Await their reply and contact LO again when they reply with my complaint.

Yes pretty much that - IF you were not told that loans with arrears would see a PPI refund offset against the loan and you would get nothing but still have to pay a fee (we don't know what your paperwork said or what calls you had with the CMC) then that is your reason for complaint. The CMC should have checked if the loan had arrears before putting in a complaint given they know the offset rules. I think you probably have a bit of leeway given you didn't know about this loan and thus couldn't have known it had arrears due to the ex-wife paying it.

Email if you want, I just think letter is a bit more formal and not so easy to ignore/delete

[Deleted User]

Nasqueron wrote: »

CMCs are regulated by the Claims Management Regulator

I should have said they are not FCA regulated. The current regulatory body has proven to be rather toothless. Regulation passes to the FCA in April next year.