PPI Refund Urgent Advice Needed re PPI Company

fellwalker09

I went through a company -My PPI Refund last year in June 2019. I can't recall for sure how I completed any forms but I think it was all online.
They came back to me last year and said they found I was entitled to a ppi refund from Lloyds. They asked me to complete more forms, which I needed to declare if I'd ever had debts/management plans etc. I did some research, as I had debts (old ones, most now settled). I found that usually banks award the ppl refund where due, but in cases like mine they take it to pay towards your debt. I do still have a debt with Lloyds - I pay monthly. So, I decided not to proceed, (scared to rock the boat in truth), just ignored the ppl company. I did not complete anything or sign anything. I also failed to tell them I did not wish to proceed further.
This week, out of the blue, a letter came from Lloyds. It says they are sending me a cheque for 2 old loans I held (dates back to about 20 years ago). 
Next day a letter arrives from the PPI company - they have also got letters from Lloyds. They listed all the details for each payout - the recovered amount is greater than the net amount that I will receive, as as Lloyds state, it is subject to tax. 
However, the PPI company are charging fees of 20% + VAT 20% on the gross (recovered) amount - money I will not see. Surely this is wrong? 
The other thing that seems wrong is that the smaller refund is in my name only. The larger refund is in joint names -me and hubby. He did not sign or instigate a claim. Lloyds are paying out on our joint loan without his signature etc. 
So, issues are, can the PPI company claim fees on the gross (recovered) amount even though the refund we get is less than that?
Can they claim fees on a joint account where they do not have my husbands authorisation?
When I challenged them about a signed letter of authorisation, they sent me what appears to be a pdf form, (emailed it) with my name and address and minor details and a signature, which all looks like it's been typed by someone - obviously not me. The reason I know it's been completed by someone else is because they have not written my home address correctly, and my signature is a forgery. And it's a definite forgery - have scrutinised it, every letter, the way it's written, etc. 
I have already emailed them as per the FSA guidelines. I know they have 8 weeks to sort out any dispute before I can go to ombudsman. 
Does anyone know what my rights are? If I do have to pay fees, I feel they are overcharging and it can't be legal to charge on money not received. Plus, I think the letter of authority is a forgery. Like I say, I really don't recall signing anything, but I did complete an initial questionnaire over accounts I might have held etc.
Any advice gratefully received.

dunstonh

However, the PPI company are charging fees of 20% + VAT 20% on the gross (recovered) amount - money I will not see. Surely this is wrong? 

The CMC charges their fee against the gross amount of redress.  That is normal.   even if you do not see the money.

This is why they ask to check with you first if you have defaults and arrears etc.   Which you failed to tell them about.

The other thing that seems wrong is that the smaller refund is in my name only. The larger refund is in joint names -me and hubby. He did not sign or instigate a claim. Lloyds are paying out on our joint loan without his signature etc. 

Again, quite normal.

So, issues are, can the PPI company claim fees on the gross (recovered) amount even though the refund we get is less than that?

yes

Can they claim fees on a joint account where they do not have my husbands authorisation?

Yes.  Only thing they couldnt charge against is anything in your husbands sole name.

Does anyone know what my rights are?

You already have acted within your rights. i.e. make a complaint and refer it to the FOS if necessary.

 If I do have to pay fees, I feel they are overcharging and it can't be legal to charge on money not received. 

20% plus VAT is not overcharging  - well it is for the level of work but it is within the rules allowed for claims companies.

Plus, I think the letter of authority is a forgery.

It is probably electronic.   However, there are some CMCs that have been caught trying to take money on fake letters of authority.

Like I say, I really don't recall signing anything, but I did complete an initial questionnaire over accounts I might have held etc.

The problem is that most of the banks turned late enquiries into automatic complaints whether you chose to do so or not.  So, you starting the process but not cancelling it may be an issue for you.

fellwalker09

Thanks for the reply. However, as I said, I asked a company to initially look to see if I could claim PPI, but when they said I could but I needed to complete forms - forms where you had to declare debts etc, I did not complete those forms. However, I thought that was an end to the matter. That was clearly when they have forged my signature on forms and submitted them anyway. That was wrong - they should not have proceeded. And a year has almost passed while this was being done without my knowledge. I have it in hand anyway and will go through the appropriate channels.

brettcta

You’ll often find that the original LOA you provided for the ‘check’ will have terms attached allowing them to proceed to a full complaint.

Missmozz10

I have received  a notification, from a company that I used to do a PPI claim last year that I now owe them for HOURS WORKED, even though no claim was paid. This is amounting to over £1000. They are claiming that 2 x different companies did the same claim, and that I have therefore wasted their time. Has anyone else experienced this please, and is it legal for them to claim this? They are now threatening me with legal action, so any guidance would be much appreciated, thank you 

brettcta

Yes, it is legal if it’s in their small print and you signed for it. 

Employing one CMC is silly but what possessed you to employ 2 CMC’s at the same time? 

They’ll have had a letter from your lenders saying it’s already being investigated after contact by a different CMC at the same time and that they’re not being included in future correspondence so they won’t know/care that you didn’t get a refund or premiums and are now billing you for their ‘work’ which you agreed to. 

I hope you’ve got a few quid put away to pay them as whilst CMC’s don’t do much, they excel at getting paid by any means necessary.

dunstonh

They are claiming that 2 x different companies did the same claim, and that I have therefore wasted their time. Has anyone else experienced this please, 

Yes.  It has popped up on occasion.

 and is it legal for them to claim this? 

If their contract has a clause in there covering time-wasters (as many do) then yes it will be.

fellwalker09

I see you didn't state whether their claim is true -that you did indeed instruct another company to conduct a check. I am assuming it is a false claim, in which case this needs to be addressed. Where is the evidence? 
In my case, I can confirm that there is nothing at all in the 'small print' or elsewhere that stated I would have to pay for hours worked even if no ppl refund was due.
I hope you can get some professional advice Missmoz10 if you need it as even if you do have to pay them, if it's unaffordable, you may be able to come to an arrangement without any further threats. Citizens Advice perhaps or they will be able to advise from there. Best of luck.

brettcta

fellwalker09 said:

I see you didn't state whether their moo claim is true -that you did indeed instruct another company to conduct a check. I am assuming it is a false claim, in which case this needs to be addressed. Where is the evidence? 
In my case, I can confirm that there is nothing at all in the 'small print' or elsewhere that stated I would have to pay for hours worked even if no ppl refund was due.
I hope you can get some professional advice Missmoz10 if you need it as even if you do have to pay them, if it's unaffordable, you may be able to come to an arrangement without any further threats. Citizens Advice perhaps or they will be able to advise from there. Best of luck.

There won’t be wording for ‘if no refund is received we’ll charge you’ as they work on no-win no fee, however they can and often will bill for hours worked where you’ve clearly wasted their time (I.e. you have employed multiple CMCs at the same time or they ask you if you’ve complained before and you say no when you have) which is both legal and fair enough.

fellwalker09

oh well, I suppose IF a person instructs a second firm to investigate the same ppi claim...but we don't know that the person above actually did that as they did not state. They merely said they'd been accused of such. Best of luck to them in sorting things out.

flaherty199

Hi All,
i am trying to claim ppi on an old morgage by The Leeds Permanent Building Society they have been taken over by the Halifax who say they need an account number which i have not got the morgage was taken out in 1988. Any help advice would be greatly appreciated.
Thanks Michael.