Plevin - are CMC's entitled to commission??

Hi,
Hoping someone can advise. In 2014 I used a CMC (crazy I now know!) to claim PPI.
This was declined by bank, went to the Ombudsman and was also declined. They suggested a no win no fee solicitor which I declined and thought that was the end of it.
Anyway, a couple of weeks ago I received a Plevin payout and now the CMC are claiming 25% commission...
Surely Plevin is a totally separate matter and not part of the mis selling claim?
They have now sent me a copy of the Ombudsman reply which does say they were going to look into Plevin however I was never given this letter at the time and knew nothing of it.
The CMC also sent someone to my house to ask for payment which I felt was an intimidation tactic.
I've put in a complaint and said I will be taking it to the legal ombudsman but worried what they can do before I get a response.
Ang help will be greatly appreciated...
Thank you for reading.

Comments

  • dunstonh
    dunstonh Posts: 116,358 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Surely Plevin is a totally separate matter and not part of the mis selling claim?

    it depends.

    If the CMC closed the complaint after it was rejected and did not make you aware of Plevin then they are not entitled to be paid as the service ended 6 months after the rejection.

    If the CMC told you that there was something the FCA was looking at but you would have to wait then it would be a continuation of their service and they are entitled to be paid.

    The ministry of justice published the rules here:
    https://www.gov.uk/government/publications/claims-management-companies-plevin-guidance/plevin-guidance-for-claims-management-companies

    Section 3 is the key bit.

    All you can do is make your complaint, which they will almost certainly reject and then refer it to the LO.
    The CMC also sent someone to my house to ask for payment which I felt was an intimidation tactic.

    The sooner these companies are properly regulated the better.
    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.
  • Jeni_B
    Jeni_B Posts: 2 Newbie
    Thank you for your response. They didn't tell me but I suspect they'll say they did! I guess my word against theirs?
    Not sure what will happen if I refuse to pay ...
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    Jeni_B wrote: »
    Thank you for your response. They didn't tell me but I suspect they'll say they did! I guess my word against theirs?..
    They'll have to be able to produce written proof that they told you. If they can and you refuse to pay they'll pursue this all the way to court. If they can't provide such evidence you have nothing to pay.
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