in Reclaim PPI & other insurance
46 replies 21.6K views
I replied to a thread here, rather than start a new topic. My apologies if that is frowned on, but as I don't want to get it wrong either way I posed the question at the bottom of this thread: https://forums.moneysavingexpert.com/discussion/6170324/ppi-fee#latest
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Not the longest ever thread resurrection, but I have been involved with this firm for about 4-5 weeks, now.
I (fully) accept that I went onto their site (via a link via Facebook). I did begin to complete the form, including giving an email address, a few of the accounts I had had (be they loans, credit cards, or accounts). However, I decided not to continue and I did not sign anything (difficult to do anyway on a smart phone, no matter how smart [to actually do your signature on a line, that is]). This is all from August last year.
Now, in my mind (which perhaps is flawed and is why I am here asking), crucially nothing came to my home address within the 14 day period (something I will come back to) and so I was surprised when, as I mentioned, I received an email from Ingenious saying that I should shortly hear from a number of the firms they had written to 'on my behalf'.
I emailed back and mentioned that whilst I had been to their site, I remained adamant that having a) not signed anything at the time (I liken it to an abandoned sale on Amazon. You browse for an item, put it in your 'shopping basket' but then don't complete the order), and since I had not had anything in writing offering me a 14 day 'cooling off' period, I stated that I had no relationship with them.
Now, three things have happened.
1)They sent me a cheque being the balance (minus their 'fee') from one loan provider for PPI - to which I emailed them back and (again) stated I had no relationship with them and that I wanted to begin a complaints procedure.
2) They provided a set of documents and a statement which confirmed (and which I do not deny), that I went on their site and agreed to them providing me a service. However, (and I believe), crucially - they also provided two forms with supposedly my signature on.
Now, would not be (I am sure) the first to say that is not my signature - but it isn't. It looks like the modern day equivalent of an 'X' - and given my signature is a fairly legible form of my full name, the two are definitely 'chalk and cheese'.
3) Having received a cheque from another company with whom I had a credit card I have also received an email from a debt recovery firm.
So Ingenious appear to have ignored their own process for investigating a complaint and moved straight to the strong arm tactic of employing a debt recovery firm.
A long first post - so my apologies - but worth the fight, or accept I have had some extra money and should expect to give some of it away?
I would argue that Ingenious Legal never had the authority to act on my behalf. Going through a form and then abandoning it prior to making any commitment seems to remove me from having agreed to them acting on my behalf. I would add that until I received an email notifying that they were progressing some claims (I received the email in early June), I had no idea that they were pursuing anyone. I certainly never had any paperwork prior to the email suggesting I had (what I believe to be) the 14 days to consider my options. i.e. a 'cooling off' period - so 14 days following my supposed 'signing their online form'
I have complained to them, they sent me a load of guff, plus a form with my signature (which isn't - it is a squiggle) and that seems to comprise the sum total of their process.
Next step is to complain to the ombudsman.
Anyway, many thanks for your input
Such as the theme of everybody who moans about being billed. I just clicked a link is consistent with all of them.
Clicking the link entered you into a contract. Signatures are not required.
In the lead up to the deadline, the FCA told firms to treat enquiries about PPI as actual complaints and most claims companies had within their contract that if an enquiry was turned into a complaint automatically and paid out, then it is treated as a successful complaint.
Sorry, something is not right.
1. Why did they send out forms to sign if as you say all they needed was me clicking the link and I had entered you into a contract as signatures are not required.
2. There has been no contact from them since they sent the forms around October last year
3. In the space from the 1 August to 4 September again with no contact with them they set their animals onto me.
It stinks to high heaven.
I wouldn’t worry about that aspect too much.
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)
FCA CMCOBS says:
’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.
Distance selling regulations also require a signature and that a copy of the signed agreement is provided in a durable medium along with a cancellation form.