PPI and gladstone Brookes

lornao1
lornao1 Posts: 38 Forumite
First Anniversary Combo Breaker
in Reclaim PPI & other insurance
Afternoon,
In 2016 I contacted GB to assist with a PPI claim against Barclaycard. It came back that there was no PPI on the account.

I have just received a letter from Barclay card stating
"As part of our continuous improvement activity within PPI, we have identified that in a small proportion of enquiries, we gave incorrect responses. I am sorry to inform you this meant that you received an incorrect response for your Barclaycard Master advising we were unable to find a PPI policy. Following a further review, I have now identified that there was a PPI policy on this account and raised a complaint on your behalf."

As the original enquiry showed no PPI GB closed the case, but are now asking for a percentage. I have no longer got any of the original paperwork and I cannot get onto GB website as it does not recognise my email address??

So my question is do I need to pay GB a percentage ?
«13

Comments

  • dunstonh
    dunstonh Posts: 116,367 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    The ministry of justice covered this in their August 2014 publication.

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/342291/Claims-management-regulation-business-bulletin-Aug-2014.pdf

    Page 2 - additional client fees.

    So, no. CMCs cannot bill against this unless the complaint was very recent.
    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.
  • McKneff
    McKneff Posts: 38,823 Forumite
    Name Dropper First Anniversary First Post
    My apologies. I have deleted my post to avoid cofusion.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Nasqueron
    Nasqueron Posts: 8,818 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    McKneff wrote: »
    My apologies. I have deleted my post to avoid cofusion.


    Is that the noun of covfefe?
  • lornao1
    lornao1 Posts: 38 Forumite
    First Anniversary Combo Breaker
    dunstonh wrote: »
    The ministry of justice covered this in their August 2014 publication.

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/342291/Claims-management-regulation-business-bulletin-Aug-2014.pdf

    Page 2 - additional client fees.

    So, no. CMCs cannot bill against this unless the complaint was very recent.

    Thank you for your reply. What do I say to GB When they call ? Should I mention the above publication ?
  • dunstonh
    dunstonh Posts: 116,367 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Yes, you should mention it. In particular the point:
    If a CMC seeks further fees from clients where the
    contract has concluded, this may be in breach of
    General Rule 1 which requires you to conduct your
    business with honesty and integrity. It may also be
    considered an act of fraud by false representation
    (Section 2, Fraud Act 2006).

    If they refuse, then make a formal complaint. Then if they reject that, you now have access to the financial ombudsman service.
    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.
  • Barney_Rubble_0403
    Barney_Rubble_0403 Posts: 177 Forumite
    Photogenic First Anniversary First Post
    That's good info to know. I went through a cmc for a general search on products I thought would have no ppi and a few I new had ppi.

    Ones from the RBS group came back as no trace - not able to trace any accounts. They closed the claim as I didn't give them any account numbers. Didn't have them and wasn't expecting any ppi on RBS products apart from the mortgage.

    Climes on the mortgage directly via the RBS site and for good measure got them to check all c/cards and loans. The mortgage paid out around 7k but to my utter shock, a lombard loan paid out £500 and a second Lombard loan paid £5k. One of those loans I know I ticked the no ppi box as I did with the Mint card which they have asked for further time until June to investigate. So sounds very promising.

    I'm sure if the CMC get wind of this they will try their luck even though they failed.

    Good example to show that you don't need claims companies, the banks feel it's okay to brush them off and RBS group included ppi in their products despite ticking no on application forms.
    ::A
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    Barney_Rubble_0403 wrote: »
    RBS group included ppi in their products despite ticking no on application forms.
    Do you know this for a fact?
    :eek:
    Did the Bank send you a copy of your original application form or are you relying on your memory of events from years ago?

    I think it unlikely that there was any evidence to support your allegation here and that the bank upheld your complaint for other reasons than the ones you gave.

    Regardless, well done on your success.. :)
  • Barney_Rubble_0403
    Barney_Rubble_0403 Posts: 177 Forumite
    Photogenic First Anniversary First Post
    The claims were won due to pre-existing medical condition. RBS taking ppi even though I said no on the application was only an observation of my own and did not form part of any claim. I found a partial photocopy of a Lombard loan application ticked no ppi - back then I used to keep copies of everything.but all since chucked

    The mint card I can remember ticking the box I was only going to use it for work expenses. At least that was the initial plan - eek it didn't quite work out that way.

    The last service I took from Rbs was a direct line loan. Again ticked no but this one came back clear of ppi.This dates back to 2007.

    The 2 lombard loans date back to the late 1990's early 2000's and the mint card dates back to 2005.

    So surprised to say the least to receive payouts on the loans and the card looking highly likely.
    ::A
  • lornao1
    lornao1 Posts: 38 Forumite
    First Anniversary Combo Breaker
    Good afternoon,
    I have heard back from GB and they are insisting that I need to pay their invoice stating

    "In the event that any further information comes to light and the bank decide to re-visit their decision, we will re-open your file and ensure that any offer or rejection they make, is the correct decision. if this happens, our fees will be due as the terms of our agreement"

    and

    "Barclaycard have since written to us to explain that their response was incorrect and that they have now rectified their mistake and subsequently upheld the complaint. The letter confirms that they have used the information provided by GB to make their decision"

    Is there anything else that I can do, or should I pay their invoice ?

    many thanks
  • dunstonh
    dunstonh Posts: 116,367 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    You should now raise a complaint. And when they reject that, you can refer it to the FOS. GB are basically doing what the Ministry of Justice said may be considered an act of fraud by false representation (Section 2, Fraud Act 2006) and a breach of breach of General Rule 1

    If Gladstone Brooks had been doing their job, they would have spotted the mistake. So, you make a complaint as follows:

    1 - The claims management companies principles require CMCs to put in complaints only after they have researched it correctly. So, if GB had done this, they would know there was PPI.
    2 - when rejected as no PPI by the bank, GB should have questioned this because of the research they carried out. Or are GB saying they didnt know if there was PPI and put in a complaint anyway (which is also in breach of the CMC principles).
    3 - Because GB accepted the decision by the bank and closed the case, the contract ended with that and GB did not request a new Letter of Authority or get a new contract agreed with you to reopen the case.

    Enclose a copy of the Aug 2014 publication and highlight paragraph 3 & 5 under additional client fees:
    If a CMC seeks further fees from clients where the
    contract has concluded, this may be in breach of
    General Rule 1 which requires you to conduct your
    business with honesty and integrity. It may also be
    considered an act of fraud by false representation
    (Section 2, Fraud Act 2006). .

    All CMCs have a statutory obligation to provide their
    services with reasonable care and skill. If a CMC
    fails to identify during the claims process that an
    offer made to their client is incorrect or otherwise
    inappropriate – and to advise the client of this –
    then it is likely that the CMC will have failed to
    comply with this obligation and therefore be in
    breach of contract.

    CMCs became regulated by the FCA in April and you now have access to the FOS. So, its time to let them have some of their own medicine.

    There is a tv advert that appears on during daytime that has a jingle to it that will always make you think "bunch of crooks" when you next hear it.
    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.
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