PPI company chasing fee- (RESOLVED - company voided fee after explaining it was unfair).

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matta1975
matta1975 Posts: 7 Forumite
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edited 23 September 2020 at 5:13PM in Reclaim bank & credit card charges
Afternoon,
I have used a company called Claims Thru Us Limited to help me get PPI Claims back for a 18% fee, and sure enough they got back 12k! but the last claim was against Santander, in this case it Santander didn't uphold the PPI claim but offered a settlement of £800.00 for overcharging, so I accepted and didn't hear back for month, so I phoned them and the cash was used to pay a statue barred debt - OK fair enough I thought, so I let the Claims Thru Us know that I didn't get any money and wouldn't' be paying them, them thanked them for the pervious payments (all fees I had paid), to my surprise they are still after the fee! 
There response (Claims Thru Us Limited )
"Thank you for your email,

Unfortunately our fee would still stand as we have been successful in claiming back the PPI for you. If the money had gone to an IVA we could have recovered our fee from them however as it has been used to cover arrears that you had on the account you would still be liable to pay for our fee."

I was not awarded a PPI claim! it was overcharging offer, the PPI claim was not upheld, the above statement is incorrect.

Please advise.

Matt




 


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Comments

  • brettcta
    brettcta Posts: 4,693 Forumite
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    As the refund came about from a complaint they posted for you, you’ll need to pay them even though you didn’t get any cash in your hand. It’s in their terms & conditions.
    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)
  • dunstonh
    dunstonh Posts: 116,384 Forumite
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    to my surprise they are still after the fee! 

    It shouldn't be a surprise.   The CMCs bill against the redress paid. Even if you do not get it cash in hand.

    If the redress payment came as a result of the complaint then they are entitled to bill you.  Every T&C you see from CMCs indicates that its not just a particular PPI but anything.

    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.
  • matta1975
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    These are the terms and conditions 

    5. Fees
    a) Our fee is 10% plus VAT of the compensation which we obtain for 
    you as a result of a successful claim.
    b) We will not charge you if the claim is unsuccessful.
    c) Where we receive compensation directly, we will issue you an 
    invoice for the amount of our fee and deduct the fee directly from 
    the compensation. 
    d) If the company does not pay the compensation directly to us, we 
    will send you an invoice for an amount equal to 10% plus VAT of 
    the compensation. 
    e) Our fee must be paid within 7 business days of you receiving the 
    compensation.
    f) We reserve the right to charge you interest on all sums which 
    have not been paid by you at the rate of 2% per annum over the 
    base lending rate of Barclays Bank.
    g) We reserve the right to charge you for any reasonable costs
  • [Deleted User]
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    5a) tells you that the fee is payable.

    Your complaint was upheld and therefore successful. You need to pay the fee.
  • matta1975
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    The ppi claim was not upheld, the money was unfair commission, sounds odd in itself lol.
  • dunstonh
    dunstonh Posts: 116,384 Forumite
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    matta1975 said:
    The ppi claim was not upheld, the money was unfair commission, sounds odd in itself lol.
    The so called "unfair commission" is a secondary part to a PPI complaint and only applies to PPI.    If a complaint is rejected the firm must carry out a plevin check and refund any excess commission over 50% of the premium.  
    So, not odd at all.
    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.
  • matta1975
    matta1975 Posts: 7 Forumite
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    edited 23 September 2020 at 4:30PM
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    @dunstonh @Deleted_User @brettcta
    Hey folks - after pleading with the PPI company they dropped the fee! shows they are good folks after all :) thank you Claims Thru Us! a great company :smile:
    My email said
     "As a gesture of goodwill I have voided the invoice on this claim. There is therefore nothing to pay"

    I am so happy, my advise to others is this, be nice and civil to these companies, explain your circumstances and common sense prevails :)
    Matt



  • matta1975
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    @dunstonh @Deleted_User @brettcta - with respect folks, you guys could have suggested to just contact the company and get the fee dropped, this would have been more helpful that pointing out the obvious, I hope your more helpful with other people....
  • brettcta
    brettcta Posts: 4,693 Forumite
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    edited 23 September 2020 at 6:47PM
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    A number of us on here worked/have worked in PPI for a number of years and have provided valuable advice & information to countless numbers of people so please don’t tell us what we should and shouldn’t be advising.

    you dropped lucky and may very well have had no joy with another CMC and even with another person at that CMC had someone else received your response. 
    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)
  • dunstonh
    dunstonh Posts: 116,384 Forumite
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    edited 23 September 2020 at 7:14PM
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    matta1975 said:
    @dunstonh @Deleted_User @brettcta - with respect folks, you guys could have suggested to just contact the company and get the fee dropped, this would have been more helpful that pointing out the obvious, I hope your more helpful with other people....
    It is virtually unheard of that a CMC drops a fee that they have made correctly for a service provided.  

    Your amended thread title is wrong. The fee was not unfair.   Maybe it was just too small to warrant the hassle.
    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.
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