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  • FIRST POST
    Legal Ombudsman
    Claims management company (CMC) complaints - ask the ombudsman your question
    • #1
    • 3rd Jun 15, 12:11 PM
    Claims management company (CMC) complaints - ask the ombudsman your question 3rd Jun 15 at 12:11 PM
    Have you used a CMC to reclaim PPI or other financial products and received poor service? The Legal Ombudsman is here to answer your CMC queries and concerns. We resolve complaints about legal service providers and CMCs and our service is free.

    It may be that your CMC has:
    • failed to do what they agreed
    • hasnt handled your mis-sold PPI claim the way you expected them to
    • has been slow in responding
    • increased their charges without explaining why
    • unreasonably refused you a service
    • pressured you to accept a service you did not want
    We will investigate your complaint and if we decide the service you received was unreasonable, we can make sure your CMC puts it right.


    How to get in touch with your questions and concerns

    We're happy to answer your questions in this thread, so just reply below and we'll get back to you.

    Alternatively there are lots of other ways you can get in touch.

    1. Use our live chat function Mon-Fri between 08:30am and 5:30pm: https://legalombudsman.live-chat-help.com/
    2. Call us Mon-Fri between 08:30am-5:30pm on 0300 555 0333 or on our minicom 0300 555 1777
    3. Email us on cmc@legalombudsman.org.uk
    4. Or write to us at Legal ombudsman, PO Box 6804, Wolverhampton, WV1 9WG

    You can also follow us on facebook or twitter @Legal_Ombudsman
    Last edited by Former MSE Wendy; 21-07-2015 at 12:08 PM.
    Official Company Representative
    I am the official organisation representative of the Legal Ombudsman service. MSE has given permission for me to post. You can see my name on the organisations with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com"
Page 11
    • zx81
    • By zx81 14th Mar 18, 10:11 PM
    • 18,645 Posts
    • 19,904 Thanks
    zx81
    Once statute barred, always statute barred.
    • dunstonh
    • By dunstonh 15th Mar 18, 1:34 AM
    • 94,552 Posts
    • 62,519 Thanks
    dunstonh
    Sorry to jump onto this thread but unsure where to put my query
    Again, not this thread...

    Can I claim for PPI on barred statue debt?
    yes you can.

    I dont mind the money going to pay off the debt cos thats the right thing to do but I am worried I will reset the 6 years.
    It cannot reset the debt. However, the lender can set off the redress against the unpaid debt.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • mrajg
    • By mrajg 18th Mar 18, 8:26 PM
    • 1 Posts
    • 0 Thanks
    mrajg
    Ppi
    I had credit cards with Capital One, Barclaycard and Halifax in the late 90's/early 00's - all of which I maxxed out - all of which I am still paying off now.

    Having moved several times over the past 15 years I have no original documents relating to any of these accounts and couldn't even say an exact year of acquiring each card.

    Given this; how can I ever know if I had PPI or was ever mis-sold it?

    I'm waiting for the deadline to run down and then I can just forget about something, that to me, seems out of reach.
    • dunstonh
    • By dunstonh 18th Mar 18, 8:29 PM
    • 94,552 Posts
    • 62,519 Thanks
    dunstonh
    Given this; how can I ever know if I had PPI or was ever mis-sold it?
    You ask the card providers. if they say you had it, then you give them your reasons for complaint.


    I'm waiting for the deadline to run down and then I can just forget about something, that to me, seems out of reach.
    it's really easy. Most providers have a telephone line dedicated to PPI on their website. You ring them and ask them if you had PPI. They take some details and tell you. If you then believe you were missold, you give them the reasons why you were missold. Its not intimidating or difficult. The people answering the phones are dealing with people like you all the time.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • dunstonh
    • By dunstonh 27th Mar 18, 10:57 AM
    • 94,552 Posts
    • 62,519 Thanks
    dunstonh
    We are seeing a lot of posts from people who are being chased for fees by CMCs in respect of plevin refunds. This is despite the complaint rejection being many years earlier and the CMC having nothing to do with it.

    The rules are clearly stated here:
    https://www.gov.uk/government/publications/claims-management-companies-plevin-guidance/plevin-guidance-for-claims-management-companies
    You should ensure that you have sought clients!!!8217; instructions to act on their behalf in relation to the complaint on Plevin grounds. You are likely to require a new Letter of Authority from your client if you have not previously raised Plevin grounds, the complaint was rejected more than six months ago, and it has not already been referred to the Financial Ombudsman Service. You must ensure that you have the appropriate consent to contact the client before doing so.

    And the MoJ said back in 2014:
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/342291/Claims-management-regulation-business-bulletin-Aug-2014.pdf
    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).


    The posts from people on this site see The Claims Guys are frequent offenders. Can you offer any guidance to what people should do when receiving an invoice from CMCs requesting fees they have no entitlement to?
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • Moneyineptitude
    • By Moneyineptitude 27th Mar 18, 11:11 AM
    • 20,992 Posts
    • 11,758 Thanks
    Moneyineptitude
    The Legal Ombudsman is here to answer your CMC queries and concerns.
    Originally posted by Legal Ombudsman
    Just adding a quote from yourselves to highlight that Dunston's post above is addressed to you...
  • Legal Ombudsman
    We are seeing a lot of posts from people who are being chased for fees by CMCs in respect of plevin refunds. This is despite the complaint rejection being many years earlier and the CMC having nothing to do with it.
    Originally posted by dunstonh
    Can you offer any guidance to what people should do when receiving an invoice from CMCs requesting fees they have no entitlement to?
    Originally posted by dunstonh
    In the first instance, customers can complain to their CMC that, as they have had no involvement in the Plevin refund, they are not entitled to their fee. The usual 8 weeks then apply, before they can bring their complaint to us.

    If the CMC issue court proceedings against the customer for recovery of the fees, they may want to consider paying these under duress, and on the basis that it doesnt resolve their complaint OR they may want to issue a defence and counterclaim on the basis that the CMC is not entitled to their fees.

    It would all depend on what the CMC was instructed to carry out by the customer, if anyone has any queries on a specific case, wed be happy to discuss these - you can call us on 0300 555 0333 or email cmc@legalombudsman.org.uk.
    Official Company Representative
    I am the official organisation representative of the Legal Ombudsman service. MSE has given permission for me to post. You can see my name on the organisations with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com"
    • laingn
    • By laingn 29th Mar 18, 6:24 PM
    • 56 Posts
    • 40 Thanks
    laingn
    Claim4You
    Hi,

    I am looking for some help. I dealt with claim4you in 2016. I raised a complaint late oct 2016 which then went to yourselves and it was settled in January 2017. I had a rejection letter from the Halifax for PPI in 2016 which I have a copy of and a letter from Claim4you LTD confirming it was rejected. As part of my complaint I was told that my business with them was finished.

    Following Plevin rules Halifax have written to me and advised although they have stated my PPI was not missold they have awarded me money under the new Plevin regs

    I have had a text and an invoice from Claim4you stating I now owe them money.

    I have sent them a complaint 20.03.2018 followed up 21.03.2018 with evidence stating that plevin was not part of the original T's and C's. In an email I have from Jan 2017 states as follows

    "Id strongly recommend appealing with the FOS for the credit card if you believe you would have not needed help making the credit card repayments, you can do this yourself and do not need to use Claim4you or any other claims management for this. If you look on their website there should be some advice on there but Ive attached the forms we use, I believe Ive deleted all our information but would just double check before you send it. Youll need to send a copy of the rejection letter too, if you need another copy of this just let me know."

    As it was rejected and that it has been over a year and going on the emails I have from the complaints manager should I be paying them money?

    thanks in advance.
    Natasha
    • Moneyineptitude
    • By Moneyineptitude 29th Mar 18, 6:35 PM
    • 20,992 Posts
    • 11,758 Thanks
    Moneyineptitude
    should I be paying them money?
    Originally posted by laingn
    No. You owe them nothing from a Plevin payout.

    If your complaint gets nowhere and they continue to press you for payment, refer the complaint to the Legal Ombudsman.

    Remember that you must allow the firm eight weeks to consider your complaint.
    • Jo S
    • By Jo S 1st Apr 18, 5:42 PM
    • 7 Posts
    • 0 Thanks
    Jo S
    Hello, I really hope that someone can assist me, this complaint seems very similar to the one above about the Halifax but I would like to get some clarification before I go ahead and contact the claims company who dealt with the original PPI claim.
    Here goes....

    Letter received from Halifax stating that they do not believe that PPI was mis-sold, however, they have agreed that an unfair relationship was created during the sale of the the PPI policy. Halifax send a cheque for 2382.03.

    The claim company who at this point shall remain nameless contacted us with an invoice for their payment from this agreement. Husband then paid this amount to the claims company. I questioned them and they stated that even though this payment was as a result of the Plevin case and NOT PPI, this money would not have come to us if they had not have contacted the Halifax originally about the PPI claim, therefore they were owed their share.

    Do we have a case to get the money back from them which they demanded be paid? They were rather insistent that it be paid otherwise they would take legal action.

    Thank you for any advice given.

    EDIT - I can see from the recent posts that it looks as though the CMC have no right to claim their commission on this amount and so am I within my rights to request this money back from them?
    Last edited by Jo S; 01-04-2018 at 5:47 PM.
    • dunstonh
    • By dunstonh 1st Apr 18, 6:04 PM
    • 94,552 Posts
    • 62,519 Thanks
    dunstonh
    EDIT - I can see from the recent posts that it looks as though the CMC have no right to claim their commission on this amount and so am I within my rights to request this money back from them?
    If the rejection went straight to Plevin then the CMC can bill you.

    If the rejection led to the case put on hold pending the FCA decision on Plevin then the CMC can bill you.

    If the rejection was from before plevin was an issue, then the CMC should not bill you unless you entered into a new contract with them .
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • Jo S
    • By Jo S 1st Apr 18, 6:32 PM
    • 7 Posts
    • 0 Thanks
    Jo S
    If the rejection went straight to Plevin then the CMC can bill you.

    If the rejection led to the case put on hold pending the FCA decision on Plevin then the CMC can bill you.

    If the rejection was from before plevin was an issue, then the CMC should not bill you unless you entered into a new contract with them .
    Originally posted by dunstonh
    Im sorry if this appears to be a silly question, but how do I know?
    As far as we were concerned, the case was closed and nothing further was agreed. We received no further information or a new contract from the CMC regarding this.
    • dunstonh
    • By dunstonh 1st Apr 18, 7:15 PM
    • 94,552 Posts
    • 62,519 Thanks
    dunstonh
    I!!!8217;m sorry if this appears to be a silly question, but how do I know?
    Mainly by the gap between the rejection and the bank contacting you about Plevin.

    If it was more than 6 months gap from rejection (or the FOS outcome) then unless the CMC told you to wait or gave you an instruction then their service ended at that point.

    When did the bank reject you?
    When did they contact you about Plevin?
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • Jo S
    • By Jo S 1st Apr 18, 7:42 PM
    • 7 Posts
    • 0 Thanks
    Jo S
    Mainly by the gap between the rejection and the bank contacting you about Plevin.

    If it was more than 6 months gap from rejection (or the FOS outcome) then unless the CMC told you to wait or gave you an instruction then their service ended at that point.

    When did the bank reject you?
    When did they contact you about Plevin?
    Originally posted by dunstonh
    Letter dated 28 February 2018 from the Halifax states We wrote to you on 11 May about your PPI policy. Following the publication of the FCAs new rules and guidance, I can now provide our final decision on your complaint. This letter, together with our previous dated 11 May 2017, form our full final decision.

    On the CMC portal it states in relation to this claim As advised the Financial Ombudsman Service (FOS) upheld the complaint in favour of the lender and you only had a limited amount of time to be able to appeal the decision. As we have not heard from you we have assumed that you have accepted the decision and have therefore closed this claim.

    We received no information or instruction from the CMC until this letter followed by their phone call arrived out of the blue last month.
    • dunstonh
    • By dunstonh 1st Apr 18, 8:21 PM
    • 94,552 Posts
    • 62,519 Thanks
    dunstonh
    Letter dated 28 February 2018 from the Halifax states !!!8220;We wrote to you on 11 May about your PPI policy. Following the publication of the FCAs new rules and guidance, I can now provide our final decision on your complaint. This letter, together with our previous dated 11 May 2017, form our full final decision.!!!8221;
    Those dates indicate your case was on hold pending the FCA consultation. So, the CMC "could" be entitled to be paid on that basis if they advised you of why it was on hold and that you should wait.
    On the CMC portal it states in relation to this claim !!!8220;As advised the Financial Ombudsman Service (FOS) upheld the complaint in favour of the lender and you only had a limited amount of time to be able to appeal the decision. As we have not heard from you we have assumed that you have accepted the decision and have therefore closed this claim.!!!8221;
    However.....
    take a screen shot of that as that clearly states that they have ended their service. Not a hint of the plevin ruling. So, their service was over.

    https://www.gov.uk/government/publications/claims-management-companies-plevin-guidance/plevin-guidance-for-claims-management-companies

    Tell them that under section 3, of The Plevin guidance for claims management companies published by the Government on 18th August 2017, it states that the claims company should ensure that they have sought clients instructions to act on their behalf in relation to the complaint on Plevin grounds. And that they should have requested a new Letter of Authority as it was more than 6 months ago and they confirmed their service was over. As they never obtained your consent and no new letter of authority was given, no contract exists and therefore no payment is due.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • Jo S
    • By Jo S 1st Apr 18, 8:39 PM
    • 7 Posts
    • 0 Thanks
    Jo S
    Those dates indicate your case was on hold pending the FCA consultation. So, the CMC "could" be entitled to be paid on that basis if they advised you of why it was on hold and that you should wait.

    However.....
    take a screen shot of that as that clearly states that they have ended their service. Not a hint of the plevin ruling. So, their service was over.

    Tell them that under section 3, of The Plevin guidance for claims management companies published by the Government on 18th August 2017, it states that the claims company should ensure that they have sought clients instructions to act on their behalf in relation to the complaint on Plevin grounds. And that they should have requested a new Letter of Authority as it was more than 6 months ago and they confirmed their service was over. As they never obtained your consent and no new letter of authority was given, no contract exists and therefore no payment is due.
    Originally posted by dunstonh
    Wow, thank you for taking the time to explain this to me in simple terms. I shall certainly pursue this with the CMC armed with this information. Thank you once again, Im extremely grateful.
    • laingn
    • By laingn 3rd Apr 18, 10:14 AM
    • 56 Posts
    • 40 Thanks
    laingn
    No. You owe them nothing from a Plevin payout.

    If your complaint gets nowhere and they continue to press you for payment, refer the complaint to the Legal Ombudsman.

    Remember that you must allow the firm eight weeks to consider your complaint.
    Originally posted by Moneyineptitude
    Thanks for your reply. I've kept the difference aside just in case. I've not had any kind of acknowledgement from the claim 4 you as of yet.
    • Mrs_Moir77
    • By Mrs_Moir77 23rd Apr 18, 1:24 PM
    • 12 Posts
    • 2 Thanks
    Mrs_Moir77
    I am going through the same thing. The CMC are claiming we owe them 30% of the payout from Pelvin - - even though their website shows the PPI was closed. They have since opened a new case, which i knew nothing about. they claim that their T&C entitle them if a there is a change of law.

    they have rejected my complaint - even though I have quoted the information about needing a new POA etc....but they have offered to reduce their stake to 15% But I have to pay this by the 3 May.

    I am going to lodge a complaint with the ombusmand, but I am wondering whether to pay the reduced amount in the meantime and claim it back. I am worried they will hit me fees for late payment whilst my complaint is looked at
  • Legal Ombudsman
    I am going through the same thing. The CMC are claiming we owe them 30% of the payout from Pelvin - - even though their website shows the PPI was closed. They have since opened a new case, which i knew nothing about. they claim that their T&C entitle them if a there is a change of law.

    they have rejected my complaint - even though I have quoted the information about needing a new POA etc....but they have offered to reduce their stake to 15% But I have to pay this by the 3 May.

    I am going to lodge a complaint with the ombusmand, but I am wondering whether to pay the reduced amount in the meantime and claim it back. I am worried they will hit me fees for late payment whilst my complaint is looked at
    Originally posted by Mrs_Moir77
    You can complain to your CMC that, as they have had no involvement in the Plevin refund, they are not entitled to their fee. The usual 8 weeks then apply, before you can bring your complaint to us.

    If the CMC issue court proceedings against you for recovery of the fees, you may want to consider paying these under duress, and on the basis that it doesnt resolve your complaint OR you may want to issue a defence and counterclaim on the basis that the CMC is not entitled to their fees.

    It would all depend on what the CMC was instructed to do and what contract was signed. Wed be happy to discuss this in more details - you can call us on 0300 555 0333 or email cmc@legalombudsman.org.uk.
    Official Company Representative
    I am the official organisation representative of the Legal Ombudsman service. MSE has given permission for me to post. You can see my name on the organisations with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com"
    • Mrs_Moir77
    • By Mrs_Moir77 23rd Apr 18, 2:07 PM
    • 12 Posts
    • 2 Thanks
    Mrs_Moir77
    So although they have rejected my initial complaint (within 4 weeks of it being submitted) I could go back stating that they had nothing to do with the claim as it was Pelvin. They are stating in their response that this was linked to the original claim, even though I have heard nothing from them about this for over 18 months when I thought the case was closed.
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