Do I have to pay them?

Joh236

I’m looking for some advice please!
I had a loan with Tesco that I originally took out in 2003. A year later I had another agreement that included a settlement of the first and then I did the same again in 2007. In 2008, I was struggling with finances and my parents started going through things to help me. They discovered PPI on the loan which I had no idea I’d taken out. (I worked for my father in the family business so I had no reason to take out any insurance at the time.) I wrote a letter to Tesco asking them to cancel the policy immediately and advised them that I felt the policy had been missold, etc and asked for refund. The letter returned stated that they believed the policy was sold correctly and after a couple of phone calls and another letter, I gave up.

Fast forward to this year where I instructed a claims company to investigate PPI on some older accounts. I also added Tesco hoping it could be revisited under the Plevin rule. After the 8 week wait, Tesco responded saying they could not investigate as an offer had already been made. I advised I’d never been made or received such offer so they sent a copy of a letter dated June 2013 that advised they had revisited my complaint and believe that it was upheld on all 3 loans. They made an offer of circa £6500. The letter was sent to their last address on file from 2008, which I had not lived at for 4 years.

I first contacted the claim company who advised me that as this had been instigated before their instruction, they could not do anything. So I went back to Tesco directly, 5 phone calls, 3 letters and another nearly 8 week wait, they have made reassessed the amount to include interest for the last 5 years.....Happy days!!!

However, they also advised the claims company of the offer and now I’m not sure where I stand. I made the initial complaint and I’ve done all the legwork in the last 8 weeks after they advised me they couldn’t, but I also signed an agreement with them. The fee is 20% plus VAT so I will actual receive less money than the original offer by the time I pay them, which I’m really not happy with considering the first offer was made directly to me 5 years before I signed any agreement.

I’m just wondering if anyone can offer any advice on whether I have to pay them, or whether because I started the original claim, I have a case not to.
TIA

amersall

I first contacted the claim company who advised me that as this had been instigated before their instruction, they could not do anything.

Did you get this in writing?.

I made the initial complaint and I’ve done all the legwork in the last 8 weeks after they advised me they couldn’t

With a claims co, you do all the "leg work" that is what you pay them for! oh, and a stamp!.

Did you sign anything to let them look at your claims?, if you did then you will have to pay them I am afraid.

Joh236

Thanks for your reply. Unfortunately I didn’t get it in writing - I was more concerned that Tesco wouldn’t uphold the offer because it was made 5 years ago. I was also annoyed that they hadn’t even bothered to check something simple like an electoral register for my current address.

Yes I signed something - but I signed in August this year. If I had an offer made to me in 2013, prior to their involvement, how can they apply charges on that?

-taff

I am not sure whether regarding the contract you signed you have to pay them.
Personally, I think not, as you say, as you were already offered redress but circumstances meant that you didn't receive the letter, you don't have to pay them.

Joh236

Well I’m still waiting to hear back from the claims company as they needed it to go to management so I’m guessing it’ll be next week sometime. I’m wondering if I can pay them their fee on just the additional amount that I have gained rather than the full amount. To me, that seems fair as I don’t think I should have to pay them anything on a redress that was offered prior to their involvement. I can’t find anything in the T&Cs that relates to something like this!

Joh236

amersall wrote: »

Did you get this in writing?.



With a claims co, you do all the "leg work" that is what you pay them for! oh, and a stamp!.

Did you sign anything to let them look at your claims?, if you did then you will have to pay them I am afraid.

I have just found an email from the company that states:
“Your lender has advised they have already received a complaint about this account and have responded. We have therefore closed this particular claim with Tesco.”

Do you think this is enough to dispute the fee?

Bermonia

As previously stated it all depends on what you’ve agreed to in your contract with them... one could argue that without their involvement you wouldn’t have been aware of this redress and have therefore benefited from their services.

amersall

Joh236 wrote: »

I have just found an email from the company that states:
“Your lender has advised they have already received a complaint about this account and have responded. We have therefore closed this particular claim with Tesco.”

Do you think this is enough to dispute the fee?

Looks like proof to me.