Pogust Goodhead AKA mydieselclaim.com

Options
I've just received an email from Pogust Goodhead solicitors who are managing claims under the "mydieselclaim.com" banner.  It appears that there were errors in the original conditional fee agreement signed by all current claimants:

Upon review of our correspondence previously sent to you, it has come to our attention that there are two typographical errors in the conditional fee agreement, as follows:

(i) First, in paragraph 4.3 on page 8 of the retainer pack, we mistakenly referenced ‘35%’. Instead, paragraph 4.3 should have included a reference to ‘50%’; this would have been consistent with our intention at the time and with all of the other references to a ‘50%’ cap, including the explanation in the Plain English Summary that there was a cap of ‘50%’.

(ii) Second, in bold on the signature page of the conditional fee agreement, there is text that specifically draws your attention “to clauses 10.1 & 10.2 below concerning the success fee” (which we shall call "the success fee cross-reference"). Paragraphs 10.1 and 10.2 are cross-referenced in error as those paragraphs do not relate to the success fee. Rather the correct cross-references should have been to paragraphs 9.3 and 9.4, which appear in Schedule 1. These paragraphs 9.3 and 9.4 specifically relate to the success fee.

Essentially, Pogust Goodhead want claimants to retrospectively allow a change to the signed agreement allowing them (PG) to claim up to 50% of any award in fees rather than up to 35% as originally agreed and signed off.  As far as I'm aware the "Plain English Summary" was not part of the signed agreement and what if the "other references to a 50% cap" were the ones in error and they should have stated "35% cap".

Could anyone with legal expertise clarify claimants' position on this, please?

«134

Comments

  • fsp2003
    Options
    Wondering if anyone can help... I filled in a "mydiesel claim" form in blind hope and the people handling it "Pogost Goodhead" have written to say they made a typograhical error about their fees ...

    "we mistakenly referenced ‘35%’. Instead, paragraph 4.3 should have included a reference to ‘50%"

    Just seems wrong that they can retrospectively put their fees up "because they can" and dress it all up as a typo. Anyone else had this?
  • fsp2003
    Options
    Hi there, I just posted the same thing

    https://forums.moneysavingexpert.com/discussion/6456128/diesel-claim-fees#latest

    Seems so wrong that they are dressing a huge price hike as "oops sorry we're just correcting a typo, nothing to see here, move along"
  • ontheroad1970
    ontheroad1970 Posts: 1,612 Forumite
    First Anniversary First Post Name Dropper
    edited 28 June 2023 at 10:13AM
    Options
    Am I the only one seeing the irony in this?  They are bloodsuckers.  How do you manage to type 35 instead of 50? 45 or 24 perhaps.  I make lots of typos, 35 instead of a 50 I have never done.
  • ontheroad1970
    ontheroad1970 Posts: 1,612 Forumite
    First Anniversary First Post Name Dropper
    Options
    What were your material losses?  These people are bloodsuckers hunting out avarice.  How else are they going to recover their sponsorship of the darts?  If they succeed in getting their money, we all pay more for cars, even after the other successful claim.  It's not free money.
  • sheramber
    sheramber Posts: 19,318 Forumite
    First Anniversary I've been Money Tipped! First Post Name Dropper
    Options
    You want money for nothing and they want half of it.
  • kingshell
    Options
    Last night I received an email from My Diesel claim advising that what I signed a contract for if my claim was successful that they could take 35% was a typo error and it should have been 50% !! And they I have 14 days to respond or it Will automatically be increased. Can they legally do this as I signed a contract at 35%. My claim has been going on years so it seems now that they feel more confident about payouts that they are moving the goal posts and wanted a bigger bite of the cherry, surly they can’t do this to thousands of people 
  • Herzlos
    Herzlos Posts: 14,714 Forumite
    First Anniversary Name Dropper First Post
    Options
    Am I the only one seeing the irony in this?  They are bloodsuckers.  How do you manage to type 35 instead of 50? 45 or 24 perhaps.  I make lots of typos, 35 instead of a 50 I have never done.
    It's probably a copy and paste of another contract which was for 35%.

    You're not really expecting the ambulance chasers to spend much time or effort on proof reading?

  • Angiebmw
    Angiebmw Posts: 16 Forumite
    First Anniversary First Post
    Options
    I signed up a good while ago and, like many others, have received repeated emails asking for the same information and, I’ve sent this each time?

    I’ve emailed PG a few times asking for an update and never receive a reply! I try calling but never get through, it’s not a comfortable or positive experience at all.

    Just after 1am this morning, I received like many others, an email from PG stating the typographical errors etc., and the cap shouldn’t have been 35% but, 50%. A law firm of this size and supposed magnitude doesn’t make mistakes like that, especially where money is concerned.

    I was concerned to read reviews where people have been asked for passport and driving licence details, why are they being asked for this?  It’s rather suspicious.

    As they already have many peoples personal details, if they then have passport and driving licence details plus, whatever else they may ask from people, basically they’ve got all that’s needed to access your whole life and finances.  This makes me very uncomfortable!

    I have a suspicion that the latest email from PG regarding cap errors is the latest ripple before the tsunami and that at some point in the future, PG will be asking or should I say demanding money from thousands of people for their losses.

    It’s a No Win No Fee from the outset and, I believe they have After the Claim insurance should all our claims with PG be unsuccessful however, I feel well never see compensation.

    Further, as we’ll be likely intimidated into capitulating with their financial demands, should our claims be unsuccessful, they’ll then likely want our bank details as well. 

    Given they’ll already have much of our personal and private data, giving them bank account details, we might as well sell our souls to PG too as I believe we’ll all reap the wild wind from this firm and all potentially owe them money. 

    Further, if you withdraw your claim now or in the near future, I’m sure you’ll be slammed or threatened with a legal bill pretty soon after. 

    Does anyone else have similar views or feelings, I’d love to hear?
  • Angiebmw
    Angiebmw Posts: 16 Forumite
    First Anniversary First Post
    Options
    I signed up a good while ago and, like many others, have received repeated emails asking for the same information and, I’ve sent this each time?

    I’ve emailed PG a few times asking for an update and never receive a reply! I try calling but never get through, it’s not a comfortable or positive experience at all.

    Just after 1am this morning, I received like many others, an email from PG stating the typographical errors etc., and the cap shouldn’t have been 35% but, 50%. A law firm of this size and supposed magnitude doesn’t make mistakes like that, especially where money is concerned.

    I was concerned to read reviews where people have been asked for passport and driving licence details, why are they being asked for this?  It’s rather suspicious.

    As they already have many peoples personal details, if they then have passport and driving licence details plus, whatever else they may ask from people, basically they’ve got all that’s needed to access your whole life and finances.  This makes me very uncomfortable!

    I have a suspicion that the latest email from PG regarding cap errors is the latest ripple before the tsunami and that at some point in the future, PG will be asking or should I say demanding money from thousands of people for their losses.

    It’s a No Win No Fee from the outset and, I believe they have After the Claim insurance should all our claims with PG be unsuccessful however, I feel well never see compensation.

    Further, as we’ll be likely intimidated into capitulating with their financial demands, should our claims be unsuccessful, they’ll then likely want our bank details as well. 

    Given they’ll already have much of our personal and private data, giving them bank account details, we might as well sell our souls to PG too as I believe we’ll all reap the wild wind from this firm and all potentially owe them money. 

    Further, if you withdraw your claim now or in the near future, I’m sure you’ll be slammed or threatened with a legal bill pretty soon after. 

    Does anyone else have similar views or feelings, I’d love to hear?
  • Angiebmw
    Angiebmw Posts: 16 Forumite
    First Anniversary First Post
    Options
    I signed up a good while ago and, like many others, have received repeated emails asking for the same information and, I’ve sent this each time?

    I’ve emailed PG a few times asking for an update and never receive a reply! I try calling but never get through, it’s not a comfortable or positive experience at all.

    Just after 1am this morning, I received like many others, an email from PG stating the typographical errors etc., and the cap shouldn’t have been 35% but, 50%. A law firm of this size and supposed magnitude doesn’t make mistakes like that, especially where money is concerned.

    I was concerned to read reviews where people have been asked for passport and driving licence details, why are they being asked for this?  It’s rather suspicious.

    As they already have many peoples personal details, if they then have passport and driving licence details plus, whatever else they may ask from people, basically they’ve got all that’s needed to access your whole life and finances.  This makes me very uncomfortable!

    I have a suspicion that the latest email from PG regarding cap errors is the latest ripple before the tsunami and that at some point in the future, PG will be asking or should I say demanding money from thousands of people for their losses.

    It’s a No Win No Fee from the outset and, I believe they have After the Claim insurance should all our claims with PG be unsuccessful however, I feel well never see compensation.

    Further, as we’ll be likely intimidated into capitulating with their financial demands, should our claims be unsuccessful, they’ll then likely want our bank details as well. 

    Given they’ll already have much of our personal and private data, giving them bank account details, we might as well sell our souls to PG too as I believe we’ll all reap the wild wind from this firm and all potentially owe them money. 

    Further, if you withdraw your claim now or in the near future, I’m sure you’ll be slammed or threatened with a legal bill pretty soon after. 

    Does anyone else have similar views or feelings, I’d love to hear?
Meet your Ambassadors

Categories

  • All Categories
  • 343.6K Banking & Borrowing
  • 250.2K Reduce Debt & Boost Income
  • 449.9K Spending & Discounts
  • 235.8K Work, Benefits & Business
  • 608.8K Mortgages, Homes & Bills
  • 173.3K Life & Family
  • 248.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards