The Claims Guys Legal

Tournai1203

I claimed several car finance agreements years ago using Martin’s free tool template. Finance provider have acknowledged and updated obviously with the latest appeal in the courts holding the scheme up. Just in the past week, my finance provider contacted me and asked if The Claims Guys Legal were now handling my case. This was completely out of the blue and I have not ever authorised or signed anything with them. Reported this to the fraud department, notified my finance provider straight away that this was not authorised and sent formal letter of complaint to this company with whom I have not had any communication until I contacted them to stop. All I get back is that they cannot locate my account, (I haven’t got one) and asking for my personal information including my date of birth which I have refused. Contacted FCA who said I need a referral notice from this company or wait eight weeks to lodge a complaint. I tried but again I get the same asking for my personal information. Surely this cannot be correct that I have to wait because a company has tried to falsify my identity saying they are acting for me. Need some advice

Tournai1203

This is all I get when I emailed formal complaint:

Good morning, 

Thank you for your E-mail. 

We are still unable to locate your account. In order for us to investigate this matter further please provide the following:

-First line of address.
-Postcode.
-Date of birth.

Upon receipt, we will prioritise a response. 

 

Kind Regards

Customer Care Team
The Claims Guys Legal Ltd

Isthisforreal99

So what information is in your complaint to help them trace an account (if one exists). Did you ask the finance provider what was actually supplied to them from the claims guys. Could any error be at the finance providers end and they have incorrectly linked someone else''s claims guys claim to yours?

Woodstok2000

Did the finance company say that The Claims Guys contacted them saying they were acting on your behalf, or did they just ask you if TCG were acting for you?

dunstonh

Contacted FCA who said I need a referral notice from this company or wait eight weeks to lodge a complaint. I tried but again I get the same asking for my personal information. Surely this cannot be correct that I have to wait because a company has tried to falsify my identity saying they are acting for me. Need some advice

The FCA does not handle consumer complaints. There isn't a referral notice that doesn't exist.

The complaints process requires you first to complain to the company. The company has 8 weeks to resolve your complaint. If they fail to do it within 8 weeks, you can then refer your case to the Financial Ombudsman Service, or you can wait for the firm to complete a review of your complaint. If they review your complaint within 8 weeks, they will issue a final notice, and you can go to the Financial Ombudsman Service earlier if that is the case.

LukeB_92

A couple of angles that haven't been mentioned yet:

You don't have to hand over your full date of birth just to prove you aren't a client. I'd put everything in writing (email is fine, so you have a trail) and ask the firm three specific questions:

1. Where did they obtain your personal data, and what instruction / letter of authority do they say they hold for you?
2. Will they confirm in writing that they hold no authority to act for you, and that they have withdrawn anything submitted to your lender in your name?
3. Will they erase / suppress your data so it can't happen again?

Asking where they got your data is effectively a data subject access request - they're obliged to answer within a month, and a copy of any alleged authority should settle whether this is a mistaken identity (a similar name/address linked to someone else's claim, as suggested above) or something more serious. If they refuse, or keep demanding more ID than is proportionate, that is a complaint to the Information Commissioner rather than the FCA / Ombudsman route.

In parallel, ask your finance provider - also in writing - to note on your account that no third party is authorised to act for you, and to send you a copy of whatever was presented to them as your instruction. That protects the original claim you made yourself and gives you evidence of what actually reached them.

Keep copies of everything with dates - if it does go to the Ombudsman after eight weeks (or a final response), that paper trail is what they'll work from.

Tournai1203

I have tried this but just get the same reply asking for my personal info

Tournai1203

they just state that they can’t locate an account without that information

Tournai1203

I have already told my finance provider

Tournai1203

my finance provider just said that they had received my claim and now this company has made a claim. I have written to them to ask where the claim came from and what was in it

Tournai1203

I’m waiting to hear back from ICO and they gave me a casework reference