Continual harassment from CMC

inacrisis

Hi,

A company who claimed money back for a family member yet have never had any signed T&Cs are continually harassing an elderly relative.

For 5 months I have asked on a regular basis for a copy of the signed terms and conditions they should have. Each time I am told it will be sent out but never arrives. Last week I spoke to someone after advice on here and told them that any further communication would be treated as harassment unless it was regarding the T&Cs.

The companies fee was 39%

On Monday I had a text (I am authorised to speak on their behalf with this company) from a personal number of someone from the CMC saying despite numerous attempts to contact us they have not been able to and we have made no attempt to resolve the matter with them!!!!! I have spoken to them numerous times on the phone and also emailed them without reply!

Whilst speaking on the phone to them previously, I have been told they've emailed me the T&Cs, posted them out, i asked for them to be emailed to me whilst on the phone but was told the system was down!

After the text on Friday I called this number and was told that the T&Cs arent available as they are kept off site for security reasons!!!! I informed them that they are trying to charge 39% when the legal max allowed is 25%, to this he replied you are correct so the fee is reduced accordingly and as a gesture of goodwill they will reduce the fee by a further £100!! To which I replied that once they send the signed terms and conditions we will happily pay the amount owed.

Today my grandma received yet another letter saying along the lines of, you have not made any attempt to settle your balance, bailiffs will be coming round, extra fees added etc. Fortunately, my relative although being 90 is quite switched on and understands what's going on.

I have called the financial ombudsman today for advice and they advised to submit an official complaint via this companies website and then allow 8 weeks for a reply.

I am now drafting an email to this CMC to basically say that if we receive any further communication from them other than a copy of the T&Cs or a reply to our complaint we will be reporting it as a harassment. But I am not sure exactly who we would report it too? Would it still be reported to the financial ombudsman? I know we have to wait 8 weeks for the CMC to reply before we can make a complaint about the CMCs process, but if they are still sending threatening letters despite us making a complaint via their website and them not sending us the evidence of a contract we are asking for I must still be able to complain about this to someone?

Lastly if a bailiff did turn up at my relative's house, what course of action should she take? I have little faith in any communication with this company.

many thanks for any advice

[Deleted User]

inacrisis wrote: »

A company who claimed money back for a family member yet have never had any signed T&Cs are continually harassing an elderly relative.

For 5 months I have asked on a regular basis for a copy of the signed terms and conditions they should have.

You just make a complaint and wait either for eight weeks or until the company reject your complaint at which point you can refer your concerns to the Ombudsman.

The possibility of bailiffs arriving in the meantime is so remote that I won't offer any advice about it.

As to your accusations of "harassment", I'm not sure you'll get anywhere going down that route as their communication is about an alleged unpaid debt which you dispute unless they provide proof. That may be a deadlock only a third party can mediate.

inacrisis

Moneyineptitude wrote: »

The possibility of bailiffs arriving in the meantime is so remote that I won't offer any advice about it.

Hi Thanks for your advice. I am not too concerned with letters phone calls to me etc. Just concerned if bailiffs did turn up at their house.

Looks at the FOS website it says the company have to provide a written confirmation of the complaint being received,

Is there a timeframe for this? as I say I have sent numerous emails which have never been replied too, This email complaint was sent to a specific complaints email address on their website. But I am still not 100% confident it will even be looked at.

Thanks

[Deleted User]

inacrisis wrote: »

This email complaint was sent to a specific complaints email address on their website. But I am still not 100% confident it will even be looked at.

The simple answer is to send them the complaint by post. You can send it recorded if you wish.

abz88

inacrisis wrote: »

Hi,
A company who claimed money back for a family member yet have never had any signed T&Cs are continually harassing an elderly relative.

So did your family member go through them and successful receive money? If so, is this just an attempt to get our of paying their fee which will have been advertised before they went down this route?
If they went through them online, the signed T&Cs will be an online form that is filled out, possibly with an electronic signature, so there probably isn't a wet copy of the document that you are claiming they need to show you.

TripleH

But if is an online form why are they not providing a copy of the terms and conditions?

Inacrisis, can you go on their website and check their terms and conditions, or at least confirm you cannot find them for when you lodge a complaint?

The_squirrell

It would be interesting to know which company this is. As a wild guess, does it begin with an "A"?
As has been said above, put your complaint in writing and send it via Recorded Delivery at least. Keep a trail of all communication, screenshots etc.
The CMC should acknowledge the complaint within five working days and has also been said, respond within eight weeks. Frustratingly slow in this situation I know, but the harrassment route is unlikely to get you anywhere.

abz88

TripleH wrote: »

But if is an online form why are they not providing a copy of the terms and conditions?

Inacrisis, can you go on their website and check their terms and conditions, or at least confirm you cannot find them for when you lodge a complaint?

You are correct that they should be able to provide the T&Cs. But the fact the argument is "they can't prove I signed anything" stinks of "I got a company to make a claim for me, it was successful but now I don't want to pay them, is this a valid loophole". I am all for saving money, but not utilizing a service and then refusing to pay.