HYC ? should I pay them ?

intoo

So I contacted a ppi claim company to see if I had ppi with Barclaycard they checked and said I had none and there was nothing more they could do
Barclaycard then wrote to me saying they’d made a mistake and if I filled the forms in I could claim which I duly did I also made a few follow up calls
I then had a text from the claim company saying Barclaycard had accepted the claim and were going to give me x amount I then had a phone call saying they wanted 25% of the claim
AIBU not to pay or pay a lesser percentage as I did all the work for the most part ?

[Deleted User]

intoo wrote: »

Barclaycard then wrote to me saying they’d made a mistake and if I filled the forms in I could claim which I duly did I also made a few follow up calls

No claim company makes (or is required to make) follow up calls. It was also always you that had to fill in the complaint forms

intoo wrote: »

I then had a text from the claim company saying Barclaycard had accepted the claim and were going to give me x amount I then had a phone call saying they wanted 25% of the claim

I think you'll have to pay in this instance. It was not the fault of the Claim Company that Barclays mistakenly informed you and the firm that they could find no PPI. The fact that the Bank have also told the Claim Company of your subsequent success indicates that you've already signed a Letter Of Authority and legally-binding contract.

intoo wrote: »

I did all the work for the most part

Claim Companies simply offer to represent the customer. They send off your complaint and then sit back and wait for the outcome. You've found out too late how easy it would have been to do this yourself.

intoo wrote: »

not to pay or pay a lesser percentage

I think you'll have to pay the whole amount. The error was solely on the part of the Bank. You'd already signed away your right to complain alone when you engaged the Claim Company.

intoo

That’s ok I was just wondering if they had ended the contract when they said there was no claim and there was nothing more they could do

[Deleted User]

intoo wrote: »

That’s ok I was just wondering if they had ended the contract when they said there was no claim

They told you there was nothing more they could do on the basis of false information from the Bank. When this information was corrected, your contract became valid again.

dunstonh

What is the gap between Barclaycard reaslising their mistake.

If counted by weeks then you would have to pay. If over 6 months then you dont have to pay according to the ministry of justice guidelines (published Aug 2014)

intoo

Only a few weeks unfortunately �� oh well best suck it up and pay ��

dunstonh

You could potentially get away with it but it would be a battle. However, you now have access to the FOS with CMCs. So, it may be worth it.

When the firm says their service is over then that ends the contract. That is a legal position.

They cannot reactivate the contract just because they want to. They have to get your agreement to reactivate the contract. You haven't given it.

The CMC is required under their claims management regulations to only place a complaint when there is a genuine reason to do so. This includes making sure you had PPI to begin with. The CMC in this case put in a complaint on your behalf only to be old there was no PPI. Rather than question Barclaycard over this, they accepted that there was no PPI and closed the case.

By doing this, they have effectively breached the CMC principles by putting in a complaint without properly researching it first. If they had researched it properly first, then they would know you had PPI and would have questioned Barclaycard on this.

Principle 1 - A business shall conduct itself with honesty and integrity

Failure 1 - they accepted Barclaycard's position that there was no PPI.
Failure 2 - they ended the contract but then later billed you for something that occured after the contract ended and you had not re-employed them

Principle 2

A business shall conduct itself responsibly overall including, but not limited to, acting with
professional diligence and carry out the following:
a) Take all reasonable steps to investigate the existence and merits of each element of a
potential claim before presenting it to a third party.
b) Make representations to a third party that substantiate and evidence the basis of the claim,
are specific to each claim and are not fraudulent, false or misleading.

Failure 3 - If Barclaycard said there was no PPI then the CMC has breached Principle 2 by putting in a complaint about PPI. If the CMC knew there was PPI then they should have challenged Barclaycard.

Principle 5 - A business shall observe all laws and regulations relevant to its business.

Failure 4 - by billing you after they ended the contract, they are potentially committing fraud.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/380623/CMR_Conduct_of_Authorised_Persons_Rules_Oct14a.pdf

I think it is worth a punt with a formal complaint to HYC with a follow up to the FOS if required.

Bermonia

Worth taking them to FOS as very least it’ll cost them £550 for a case fee regardless of the outcome

Kasha

I am in the same position, it is approx two years ago HYC acted for me, contacted Barclaycard, Barclaycard said no PPI HYC accepted that and that was the end of it. Not had any dealings with them for Two years later Barclay card contact me saying they want their 30% fee. My problem is:
1. If i employ someone to provide a service I pay for that service. I feel HyC did not investigate properly, and gave me wrong information.
2. Can they really charge me 30% when so much time has elapsed? And the 20% cap is now in place
3. I have told them I am not paying for a service they did not provide.
4. They threatened me with bailiffs would they have to take me to court before they called the bailiffs in ?
Op i would like to hear how you go on?

brettcta

it’s important to remember CMCs don’t ‘investigate’ - they send a template letter to your lender asking if you had PPI and go off that result.

[Deleted User]

Kasha wrote: »

Two years later Barclay card contact me saying they want their 30% fee.

Your post is confusing.

Barclaycard certainly won't have contacted you to demand a Claim Company's fees.

Has Barclaycard only now upheld your complaint from two years ago?

Is that what you meant to say?

If so, the Claim Company cannot now demand their fee more than six months after the Bank originally declined to payout.

If, however, the bank did not originally decline your complaint and the CMC are simply still chasing their fee then not only will you have to pay it, you'll have to pay the 30% fee you agreed back then.

So please clarify which it was.

Might help if you didn't post at 3am, of course!