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Ppi cmc hassle - but no contract - advice please
moggaletti
Posts: 8 Forumite
Hello, sorry for long post, but trying to include as much information as possible.
A couple of months ago my wife filled in an initial speculative PPI form with a CMC called Allay. It was just one of those initial things, fill in the form to see if you are owed any PPI.
After that she received unending nuisance texts, emails and phone calls from the company, day and night, as well as receiving repeated contracts through the post asking her to sign and return them immediately as they couldn't begin a claim without them.
She ignored them, as she hadn't entered into an agreement with them and didn't want to.
Then the call and texts stopped for a bit, until a couple of months later, when she received a text message from them saying 'thank you for returning your completed paperwork'.
She obviously hadn't and so emailed them immediately with this response:
----
I just received a text message from you to say that you have received my completed documentation relating to the above references.
However, I have not completed or sent back any documentation to you, either online or a physical form.
I have never authorised you to proceed with a PPI claim on my behalf and do not want you to do so.
To be clear, I am in no way be liable for any invoice, bill or commission to your company and none will be paid.
Please remove all of my details from all of your records and stop contacting me.
Many thanks,
----
We thought they had got the message, but a month later (today) she received this from them:
----
I have checked your accounts and can see that an electronic letter of authority was signed and returned to us on the 17/06/2019.
I have attached a copy of this to this e-mail for your own records.
Your claims are now outside of the 14-day cooling off period.
As confirmed in your Terms of Engagement once we submit your claims to the lender you have a 14-day cooling off period, and you are not within the cooling off period for these claims. As you are not within your 14-day cooling off period we reserve the right to invoice you for the work done up to this point. An itemised bill will be calculated to reflect the work we have done until this point, we also need to make you aware that if you receive an offer of redress dated on the day of cancellation or prior to this day then you will be liable for the full fee. Can you confirm if you wish to proceed?
----
They didn't attach a copy of the signed agreement with their email. Obviously this would be impossible, because my wife has never signed anything electronically or otherwise.
What can we do about this?
I read on another post that the following FCA guidelines might be relevant:
CMCOB 2.1.11
(1) CMCOB 2.1.10R prohibits a firm from taking a payment from a customer before the customer has signed an agreement with the firm. It is not sufficient for the firm to enter into an agreement with the customer orally for this purpose: the agreement should be signed.
(2) The signature should be on a hard copy of the agreement which may be given or posted to the firm, else sent by fax, or scanned or photographed and sent electronically. Alternatively, the customer could insert a digital image of their handwritten signature into an electronic copy of the agreement before returning the agreement to the firm by email.
(3) The FCA would not view an agreement as having been signed for the purposes of CMCOB 2.1.10R where the customer does no more to indicate their acceptance of the firm’s terms and conditions than to send a text message or email or to tick a box on a website or web-based form.
And in relation to the never ending communications:
CMCOB 2.1.4 A firm must not engage in high pressure selling in relation to regulated claims management activity.
This was all after April 1st this year when CMCs became regulated by the FCA.
I've included all of the information I can think of. Can anyone with experience / knowledge advise the best course of action to get rid of Allay?
Many thanks.
A couple of months ago my wife filled in an initial speculative PPI form with a CMC called Allay. It was just one of those initial things, fill in the form to see if you are owed any PPI.
After that she received unending nuisance texts, emails and phone calls from the company, day and night, as well as receiving repeated contracts through the post asking her to sign and return them immediately as they couldn't begin a claim without them.
She ignored them, as she hadn't entered into an agreement with them and didn't want to.
Then the call and texts stopped for a bit, until a couple of months later, when she received a text message from them saying 'thank you for returning your completed paperwork'.
She obviously hadn't and so emailed them immediately with this response:
----
I just received a text message from you to say that you have received my completed documentation relating to the above references.
However, I have not completed or sent back any documentation to you, either online or a physical form.
I have never authorised you to proceed with a PPI claim on my behalf and do not want you to do so.
To be clear, I am in no way be liable for any invoice, bill or commission to your company and none will be paid.
Please remove all of my details from all of your records and stop contacting me.
Many thanks,
----
We thought they had got the message, but a month later (today) she received this from them:
----
I have checked your accounts and can see that an electronic letter of authority was signed and returned to us on the 17/06/2019.
I have attached a copy of this to this e-mail for your own records.
Your claims are now outside of the 14-day cooling off period.
As confirmed in your Terms of Engagement once we submit your claims to the lender you have a 14-day cooling off period, and you are not within the cooling off period for these claims. As you are not within your 14-day cooling off period we reserve the right to invoice you for the work done up to this point. An itemised bill will be calculated to reflect the work we have done until this point, we also need to make you aware that if you receive an offer of redress dated on the day of cancellation or prior to this day then you will be liable for the full fee. Can you confirm if you wish to proceed?
----
They didn't attach a copy of the signed agreement with their email. Obviously this would be impossible, because my wife has never signed anything electronically or otherwise.
What can we do about this?
I read on another post that the following FCA guidelines might be relevant:
CMCOB 2.1.11
(1) CMCOB 2.1.10R prohibits a firm from taking a payment from a customer before the customer has signed an agreement with the firm. It is not sufficient for the firm to enter into an agreement with the customer orally for this purpose: the agreement should be signed.
(2) The signature should be on a hard copy of the agreement which may be given or posted to the firm, else sent by fax, or scanned or photographed and sent electronically. Alternatively, the customer could insert a digital image of their handwritten signature into an electronic copy of the agreement before returning the agreement to the firm by email.
(3) The FCA would not view an agreement as having been signed for the purposes of CMCOB 2.1.10R where the customer does no more to indicate their acceptance of the firm’s terms and conditions than to send a text message or email or to tick a box on a website or web-based form.
And in relation to the never ending communications:
CMCOB 2.1.4 A firm must not engage in high pressure selling in relation to regulated claims management activity.
This was all after April 1st this year when CMCs became regulated by the FCA.
I've included all of the information I can think of. Can anyone with experience / knowledge advise the best course of action to get rid of Allay?
Many thanks.
0
Comments
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Make a complaint to the CMC saying that they have missold you. Then refer it to the FOS when they reject it.0
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Just make a complaint to the company including all the detail of your first post in this thread. If they reject this, then refer to the Ombudsman ...moggaletti wrote: »In what way have they mis-sold?0 -
Moneyineptitude wrote: »Just make a complaint to the company including all the detail of your first post in this thread. If they reject this, then refer to the Ombudsman ...
OK thanks, will do.
So we are right in thinking if we didn't sign anything in hard copy or an electronic signature, then there is no contract and nothing owed?
Are these the correct CMCOB points that we should be quoting?
Thanks.0 -
You don't have to quote anything in your complaint, simply dispute their assertion that you agreed a contract with them.moggaletti wrote: »
Are these the correct CMCOB points that we should be quoting?0 -
As has been said above....keep complaining. This CMC are known for this sort of practice and if memory serves me correctly, the "Free PPI Check" on their website included a small "*" which indicated that by completing the form, you were giving them authority to submit an enquiry / complaint.
There are lots of posts elsewhere about similar issues experienced with them.
I would love to see examples of signatures submitted on Letters of Authority from these in cases such as this!!I work in Data Protection and spend my days dealing with CMC's. Only here trying to help!!0 -
Are "electronic" Letters Of Authority actually accepted by banks?The_squirrell wrote: »
I would love to see examples of signatures submitted on Letters of Authority from these in cases such as this!!
Surely these are so easily forged and therefore not valid?0 -
Moneyineptitude wrote: »Are "electronic" Letters Of Authority actually accepted by banks?
Surely these are so easily forged and therefore not valid?
Its why I would really be really interested to see an example! I agree that they are easily forged and all the firms I know will conduct thorough checks and will question any letters of authority that look anything less than authentic, as you would hope they would! Some will only accept an original signature, while others will accept photocopies - providing the signatures match!
On the occasions where I have asked for proof of ID from a CMC where signatures don't match, I have yet to receive a reply with any additional details.I have my own conclusions why, but I will keep them to myself!
It's crazy that Banks, Building Societies, Brokers, IFA's etc. all have to carry out thorough Know Your Customer checks, yet a CMC can just go ahead with a signature.I work in Data Protection and spend my days dealing with CMC's. Only here trying to help!!0
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