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  • brettcta
    brettcta Posts: 4,693 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    They can check for PPI, but I'm not sure they can go on to raise a complaint without signed LOA forms ? Why would they 'build' them with my signature on if they didn't need them?
    The devil is in the detail and most CMCs build the ability to send a complaint as part of the ‘free check’ t&c’s
    helpful tips
    it's spelt d-e-f-i-n-i-t-e-l-y
    there - 'in or at that place'
    their - 'owned by them'
    they're - 'they are'
    it's bought not brought (i just bought my chicken a suit from that new shop for £6.34)
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Rockstar1972 said: I'll be getting a court invite soon I expect... 
    Not during the current national emergency you won't. 
  • dunstonh
    dunstonh Posts: 119,738 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    They can check for PPI, but I'm not sure they can go on to raise a complaint without signed LOA forms ? Why would they 'build' them with my signature on if they didn't need them?
    Some claims companies sent little more than a spreadsheet containing name and address for people on a bulk basis.  No LOA supplied to the bank.     No complaint reasons listed or personal circumstances to support the complaint. Just a list of names asking the bank to see if it was missold.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • dunstonh said:
    They can check for PPI, but I'm not sure they can go on to raise a complaint without signed LOA forms ? Why would they 'build' them with my signature on if they didn't need them?
    Some claims companies sent little more than a spreadsheet containing name and address for people on a bulk basis.  No LOA supplied to the bank.     No complaint reasons listed or personal circumstances to support the complaint. Just a list of names asking the bank to see if it was missold.
    Interesting... surely this wouldn't have involved a 'contract' between the persons on that list and the CMC?
  • dunstonh
    dunstonh Posts: 119,738 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    dunstonh said:
    They can check for PPI, but I'm not sure they can go on to raise a complaint without signed LOA forms ? Why would they 'build' them with my signature on if they didn't need them?
    Some claims companies sent little more than a spreadsheet containing name and address for people on a bulk basis.  No LOA supplied to the bank.     No complaint reasons listed or personal circumstances to support the complaint. Just a list of names asking the bank to see if it was missold.
    Interesting... surely this wouldn't have involved a 'contract' between the persons on that list and the CMC?
    You would hope so.  However, there have been enough comments posted on this site that suggest certain CMCs were abusing that by putting in complaints without permission.   Possibly because the banks would automatically turn enquiries into complaints towards the end.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • dunstonh said:
    dunstonh said:
    They can check for PPI, but I'm not sure they can go on to raise a complaint without signed LOA forms ? Why would they 'build' them with my signature on if they didn't need them?
    Some claims companies sent little more than a spreadsheet containing name and address for people on a bulk basis.  No LOA supplied to the bank.     No complaint reasons listed or personal circumstances to support the complaint. Just a list of names asking the bank to see if it was missold.
    Interesting... surely this wouldn't have involved a 'contract' between the persons on that list and the CMC?
    You would hope so.  However, there have been enough comments posted on this site that suggest certain CMCs were abusing that by putting in complaints without permission.   Possibly because the banks would automatically turn enquiries into complaints towards the end.
    That's the crux of my argument. I didn't permit them to carry out a claim on my behalf. I believe they manufactured my authority letter! Thanks for your insight. I'm building quite the fact/ideas file!
  • Rockstar1972
    Rockstar1972 Posts: 12 Forumite
    10 Posts
    Rockstar1972 said: I'll be getting a court invite soon I expect... 
    Not during the current national emergency you won't. 
    Quick update! They're saying they will be starting legal proceedings in 7 days and that this will add extra costs to my bill. They don't seem at all concerned that they're investigating (thoroughly, mind!) my complaint - they still insist I pay them in full, before they share the results of the investigation (although, apparently they value me as a client!). I am not paying them.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
     They're saying they will be starting legal proceedings in 7 days and that this will add extra costs to my bill.
    That's just a threat.  Call their bluff. 
  • dunstonh
    dunstonh Posts: 119,738 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    However, do not ignore it.
    Respond to them in writing (keeping a copy) saying that you have made a formal complaint using the regulated complaints process and are awaiting their response to the complaint.    And that their threat of legal action whilst the complaints process is in progress could be seen as a regulatory breach under the FCA's treating customer's fairly guidelines.  Also, state that you will be using the Financial Ombudsman Service if their response is not satisfactory but you will abide by the FOS decision.

    When the small claims court is used, the firm will need to show it has considered alternative mediation and methods of settlement.  With you saying that you have a complaint oustanding and they have not responded and that you are willing to abide by the decision of the FOS, it shows you are willing to use the independent arbiter of complaints.    You can request that the case is struck out for being made prematurely whilst mediation is still in progress via the FOS.  It also paints them in a bad light as they have failed to respond to your complaint but have proceeded with legal action.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  •  They're saying they will be starting legal proceedings in 7 days and that this will add extra costs to my bill.
    That's just a threat.  Call their bluff. 
    Yes, I will not pay them. I'm holding my nerve – in my opinion I don't owe them anything.
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