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

matta1975

@brettcta @dunstonh
There are always other options, at the end of the day, people who work for the PPI Claim companies have a heart, they are people like us, yes I signed a contract, but it was without knowing that I could end of in debt, the average joe like myself is not a legal expert and would have no idea, I kept on emailing different people in the company, until I got a result, even after hitting several brick walls, I didn't give up.
I think if more people try to do this some will succeed like myself, if I had followed your advice Deleted_User said:

5a) tells you that the fee is payable.

Your complaint was upheld and therefore successful. You need to pay the fee.

I would be out of pocket!, you are both factually correct in your wording, yes I did sign a contract and there isn't a legal loophole to avoid paying a fee.  But you can just ask them to void the payment, no one has anything to lose by asking, if you don't ask you don't get, for example someone reading this in a similar situation could explain to them if they're in financial hardship, jobless, single parents, carers etc.

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.

[Deleted User]

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

You shouldn't have to rely on others to tell you that you can contact the company direct.  The forum is busy and it relies on posters using a little common sense, not having their hands held all the way to the door. Perhaps people overestimated in your case.

But if we have to spoon feed everyone, we're going to need a bigger forum.

-taff

Ah, I just read that they'd already got their money out of your 12k refund so they probably thought arguing about what was due from 800 was being a bit niggly....

[Deleted User]

matta1975 said:

@brettcta @dunstonh
There are always other options, at the end of the day, people who work for the PPI Claim companies have a heart, they are people like us, 

They really don't lol, just they know you can complain to their regulator who'll probably end up siding with you as they shouldn't have taken the case on knowing you had debts (unless you actively hid that from them)

matta1975

@Deleted_User I did declare i had only partially paid off loans on all the PPI claimed back, although I don't understand why only Santander used the money to pay some of the statue barred debt, Lloyd's tsb is where most of claim money came from, i have 5k in statute barred debt with them, they could have used the ppi refund to pay off the debt but they did not.

[Deleted User]

matta1975 said:

@Deleted_User I did declare i had only partially paid off loans on all the PPI claimed back, although I don't understand why only Santander used the money to pay some of the statue barred debt, Lloyd's tsb is where most of claim money came from, i have 5k in statute barred debt with them, they could have used the ppi refund to pay off the debt but they did not.

Depends if they sold the debt on with no option to take it back, the debt collectors could also be part of the same company with Santander or they kept the debt.

dunstonh

 I did declare i had only partially paid off loans on all the PPI claimed back, although I don't understand why only Santander used the money to pay some of the statue barred debt

Statute barring is irrelevant.  The debt still exists, They just don't use the courts to come after you.  They are allowed to use it against that.

The fact you told the CMC you had defaults, arrears or amounts written off as part of a settlement means they should not have taken on the case and warned you of the consequences if they did.       This may explain why they backed down.

Lloyd's tsb is where most of claim money came from, i have 5k in statute barred debt with them,

As farfetch says, if they sold it on with no right of clawback then it would be paid to you.  Also, don't underestimate the inability of some banks to actually know what they did over a decade ago.