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Hi apologies if on the wrong thread I am one of those people that used the claims guys for PPI for which some have been rejected, now due to the Plevin updates I have had some letter stating a payout in my favour, I'm also getting letters from the claim guys claiming their fees for the Plevin payouts but as far as I'm concerned they only had a contract for the PPI claim which was rejected as they stated no win no fee so now if they are entitled to Plevin fees also then they on a win win situation.
My question can they claim fees for Plevin?
is there a complaints letter template on the forum to send these CMC?.
many thanks for any advice0 -
Hi apologies if on the wrong thread I am one of those people that used the claims guys for PPI for which some have been rejected, now due to the Plevin updates I have had some letter stating a payout in my favour, I'm also getting letters from the claim guys claiming their fees for the Plevin payouts but as far as I'm concerned they only had a contract for the PPI claim which was rejected as they stated no win no fee so now if they are entitled to Plevin fees also then they on a win win situation.
My question can they claim fees for Plevin?
is there a complaints letter template on the forum to send these CMC?.
many thanks for any advice
If your complaint rejection was more than 6 months ago, then they have no right to be paid unless they told you specifically to wait for a Plevin outcome.
If your complaint rejection was under 6 months ago, then they are entitled to be paid.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.0 -
Thank you dunstonh,
even if I only signed up for PPI? which they clearly state its a no win no fee.
they don't tell you that the complaint was rejected unless you ring them.
so I need to get a copy of my file from them?0 -
even if I only signed up for PPI? which they clearly state its a no win no fee.
You didnt sign up for PPI. You signed up for them to handle your complaint about the sale of PPI. Without that complaint, there would be no plevin refund.
The lender writes to you. The CMC really does nothing more than put your intitial complaint into an envelope and send it to the same address you would have sent it to if you chose to use the free of charge complaints process.they don't tell you that the complaint was rejected unless you ring them.so I need to get a copy of my file from them?
No.
its pretty clear cut. If your rejection was more than 6 months ago, the CMC has no rights unless you signed a new letter of authority. Your lender is the one that rejected the complaint. So, it is their letter that matters.
Are you concerned you are borderline to 6 months ago?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.0 -
I'm most certain it's over 6 months ago.
Many thanks for your help.
So what's the procedure I should follow please.0 -
I'm most certain it's over 6 months ago.
Many thanks for your help.
So what's the procedure I should follow please.
Tell them that the rules set by the Govt for CMCs clearly states they have no right to bill you.
https://www.gov.uk/government/publications/claims-management-companies-plevin-guidance/plevin-guidance-for-claims-management-companies
see section 3.
You dont need to do much at all. Tell them and if they continue, make a formal complaint to them and let the Legal Ombudsman know.
The ministry of justice warned CMCs that billing people for things they are not entitled to be paid for could be considered fraud.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.0 -
So basically it's up to them to prove that it within 6 months??
My successful payment through them for PPI was paid to Aug 2016. So that's when I would have requested them to search several months before that.0 -
Update from claims guys.
Since this post I have written to the claims guys stating the guidelines from the FCA this was done 24th March.
I have received my cheque and that has now cleared Wednesday 4th April. During this time I have received several phones calls, text messages, emails and letters requesting payment. Today I have email and text message stating notice of legal proceeding if no payment made in
7 days. I have NOT received any reply to my letter.
I shall issue another letter to them this week recorded delivery.
Any advice????0 -
Time for you to put in a formal complaint against them. You need to do this so you have documentary evidence of your dispute and their response.
Note. the CMC rules on plevin are not FCA rules. They are Ministry of Justice rules.
The CMC will huff, puff and threaten. They will try to intimidate you. However, you don't need to be scared or worried about it. If they start legal action, it will be via the small claims court. They put their case in writing and you are sent forms to put your response in writing in which you would include the text from the ministry of justice and state that The Claims Guys never sought your instructions to act on your behalf in relation to the complaint on Plevin grounds and that you never signed a new letter of authority and the complaint was rejected more than 6 months ago (effectively highlighting section 3 was not followed).
Your response and the written details they have provided are viewed by a judge initially to filter out time wasters etc.
If it ends up in front of a judge, both sides will be able to make their case and answer questions. Your case is that the CMC has no contract and did nothing and is asking for the money fraudulently. The judge will ask to see the contract the CMC has and if they have followed the rules (pretty standard in contract disputes). As you have not signed a contract (called letter of authority when dealing with CMCs) in respect of Plevin and section 3 of the CMC rules state they need one, the case is heavily in your favour.
A good number of times sees the firm huff and puff but never follow through. If they do, don't worry as the small claims process is painless. If you lose and pay the money as agreed then it doesnt harm your credit record and dosnt give you a criminal record. The judge is there to settle disputes. Its a civil court (and when I say court, its actually in a little office room with a judge wearing smart casual).
General rule of thumb is that if they cannot produce the contract or any evidence of work carried out, they are not going to get anywhere.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.0 -
Many thanks.
So should I resend the letter regarding my dispute recorded delivery or leave as they could say they didn't receive it??0
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