Fast Track Reclaim fee and past bankruptcy

I approached these guys to see if my husband and myself had any past ppi, I had my doubts about my husband being paid out due to a past bankruptcy. We both filled forms out, box was ticked regarding the bankruptcy and forms of authority were both signed. I received an offer which I accepted, my husband also received an offer, the letter told him to sign the acceptance letter, this was NOT included, he also received a letter from RBS explaining why he will not be receiving the refund and it would be going to the OR. 
I paid one fee and thought that would be it but my husband has received a letter asking for their fee, a final demand has arrived today. After reading some posts on here it would seem that the fee must be paid, if the bankruptcy box was ticked why did FTR go ahead and look into his PPI when they knew he would not receive the payout. I have emailed them and they want my husband to ring them because of data protection. As far as I can remember there was nothing in writing from FTR regarding non payment of fee due to a previous bankruptcy. 
Am I right would be have to pay this fee, it is £103. TIA

Comments

  • dunstonh
    dunstonh Posts: 116,309 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    After reading some posts on here it would seem that the fee must be paid, if the bankruptcy box was ticked why did FTR go ahead and look into his PPI when they knew he would not receive the payout.

     They were quite correct in asking in the question about bankruptcy.  That should be the trigger for them to say that they should not offer services as you would be billed if they were to proceed even though you wouldn't get the money.       From what you say, they appear to have "missed" that response and proceeded with the complaint when they shouldn't have.    So, you now need to raise a formal complaint to the CMC saying that.

    Am I right would be have to pay this fee, it is £103. TIA

    No.  Raise a complaint and wait for the response.   Make it clear in the complaint that you will refer it to the FOS if you feel the response is unsatisfactory.   If they reject the complaint,   then you go to the FOS.  The FOS fee is over £500 for them whether the complaint is upheld or not.  it is free for you.   So, common sense will be that they will waive the fee to avoid the £500 FOS fee.    

    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.
  • wildz
    wildz Posts: 113 Forumite
    First Anniversary First Post Combo Breaker
    Thanks you, Dunston H. There appears to have been an error made on my part, I have actually paid my husband's fee instead of mine,I got the reference numbers mixed up, so I am being chased for my fee, can't now see a way out, will have to pay it.
  • brettcta
    brettcta Posts: 4,693 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    Can you not complain that they’ve had a payment for something they shouldn’t have had and you either write the remainder off or pay whatever’s left?
    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)
  • wildz
    wildz Posts: 113 Forumite
    First Anniversary First Post Combo Breaker
    Thanks Brettcta, I have emailed them today to say they've been paid something that they shouldn't have, they are usually pretty quick to reply, if I get no joy I will be going to Ombudsman.
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