Canary Claims - advice needed

danielfleetwood
danielfleetwood Posts: 23 Forumite
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edited 15 April 2018 at 11:59PM in Reclaim PPI & other insurance
To cut a long story short - I used Canary Claims to reclaim PPI on 4 accounts. 2 have came back as upheld which I agree, I should pay the 15% fee for them sorting.
The other 2 have came back as not reviewed but stating an "unfair relationship" was created and they have still paid out but Canary Claims are still stating I owe them the fees. Is this correct? I thought they could only charge you if the bank have paid you PPI money back?

From what I can tell, the second 2 where they were unable to review due to time limits (I never received a letter btw as I moved house) have only paid out 50% of what I am owed?

Advice please.

Comments

  • dunstonh
    dunstonh Posts: 116,358 Forumite
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    but Canary Claims are still stating I owe them the fees. Is this correct?

    Yes it is.
    I thought they could only charge you if the bank have paid you PPI money back?

    Any form of redress arising from their letter allows them to bill against it.
    have only paid out 50% of what I am owed?

    You are not owed anything. That isnt how it works. Are you sure its 50%? That would suggest a 100% commission but that doesnt exist. The plevin ruling is any excess OVER 50%. e.g. if the commission is 65%, then they refund 15%.
    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.
  • Level of commission and profit share 79%.

    I have received a letter from Canary stating the following...

    "as the redress offered in relation to the undisclosed commission is not the full refund of the ppi premiums and interest you paid, we believe it would be prudent to refer your case to the FOS to appeal against their decision"

    What should I do?
  • Do I have grounds to try and get more money?
  • I could have sworn that I read on here that you can't complain due to time limits.
  • Nasqueron
    Nasqueron Posts: 8,809 Forumite
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    The firm have rejected your complaint but offered you the Plevin refund on commission. If you feel your complaint is strong you can refer the rejected complaint to the FOS, if your case is weak then accept the Plevin refund and pay the fees.
  • dunstonh
    dunstonh Posts: 116,358 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    "as the redress offered in relation to the undisclosed commission is not the full refund of the ppi premiums and interest you paid, we believe it would be prudent to refer your case to the FOS to appeal against their decision"

    That seems to be a breach of CMC guidelines. They should not be automatically referring you to the FOS. They should look at the decision and give you personalised advice.

    The FOS cannot look at timebarred cases unless the timebar is incorrectly applied.
    Do I have grounds to try and get more money?

    Based on what you have said, the complaints havent even been looked at as they are timebarred. Plevin refunds are a defined method. So, you get no more money.
    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.
  • dunstonh
    dunstonh Posts: 116,358 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    We are not in breach of regulator guidelines because each case is reviewed before FOS forms are sent out. We do however tell our clients in the covering letter sent for the Plevin refund that there is potential for appeal.

    That doesn't match was was posted earlier in the thread.

    it is quoted by the person and says:
    as the redress offered in relation to the undisclosed commission is not the full refund of the ppi premiums and interest you paid, we believe it would be prudent to refer your case to the FOS to appeal against their decision

    Redress in respect of undisclosed commission is never a full refund. It is the excess over 50%. And as the company gave the commission as 79%, you can easily see that only the 29^ excess should be refunded plus interest.

    So, any referral to the FOS on the reason that the unfair relationship commission was not a full refund is incorrect and not in keeping with the CMC guidelines.
    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.
  • You didn't read my post properly which looks like to have been deleted anyway.
  • Nasqueron
    Nasqueron Posts: 8,809 Forumite
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    Mirshahik wrote: »
    You didn't read my post properly which looks like to have been deleted anyway.


    If you were posting on behalf of a claims firm, you need to register with the site and get authority to do so.
This discussion has been closed.
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