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  • FIRST POST
    • intoo
    • By intoo 9th May 19, 5:06 PM
    • 4Posts
    • 1Thanks
    intoo
    HYC ? should I pay them ?
    • #1
    • 9th May 19, 5:06 PM
    HYC ? should I pay them ? 9th May 19 at 5:06 PM
    So I contacted a ppi claim company to see if I had ppi with Barclaycard they checked and said I had none and there was nothing more they could do
    Barclaycard then wrote to me saying they’d made a mistake and if I filled the forms in I could claim which I duly did I also made a few follow up calls
    I then had a text from the claim company saying Barclaycard had accepted the claim and were going to give me x amount I then had a phone call saying they wanted 25% of the claim
    AIBU not to pay or pay a lesser percentage as I did all the work for the most part ?
Page 1
    • Moneyineptitude
    • By Moneyineptitude 9th May 19, 5:22 PM
    • 24,930 Posts
    • 14,435 Thanks
    Moneyineptitude
    • #2
    • 9th May 19, 5:22 PM
    • #2
    • 9th May 19, 5:22 PM
    Barclaycard then wrote to me saying they’d made a mistake and if I filled the forms in I could claim which I duly did I also made a few follow up calls
    Originally posted by intoo
    No claim company makes (or is required to make) follow up calls. It was also always you that had to fill in the complaint forms
    I then had a text from the claim company saying Barclaycard had accepted the claim and were going to give me x amount I then had a phone call saying they wanted 25% of the claim
    Originally posted by intoo
    I think you'll have to pay in this instance. It was not the fault of the Claim Company that Barclays mistakenly informed you and the firm that they could find no PPI. The fact that the Bank have also told the Claim Company of your subsequent success indicates that you've already signed a Letter Of Authority and legally-binding contract.

    I did all the work for the most part
    Originally posted by intoo
    Claim Companies simply offer to represent the customer. They send off your complaint and then sit back and wait for the outcome. You've found out too late how easy it would have been to do this yourself.
    not to pay or pay a lesser percentage
    Originally posted by intoo
    I think you'll have to pay the whole amount. The error was solely on the part of the Bank. You'd already signed away your right to complain alone when you engaged the Claim Company.
    • intoo
    • By intoo 9th May 19, 5:26 PM
    • 4 Posts
    • 1 Thanks
    intoo
    • #3
    • 9th May 19, 5:26 PM
    • #3
    • 9th May 19, 5:26 PM
    That’s ok I was just wondering if they had ended the contract when they said there was no claim and there was nothing more they could do
    • Moneyineptitude
    • By Moneyineptitude 9th May 19, 5:33 PM
    • 24,930 Posts
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    Moneyineptitude
    • #4
    • 9th May 19, 5:33 PM
    • #4
    • 9th May 19, 5:33 PM
    That’s ok I was just wondering if they had ended the contract when they said there was no claim
    Originally posted by intoo
    They told you there was nothing more they could do on the basis of false information from the Bank. When this information was corrected, your contract became valid again.
    • dunstonh
    • By dunstonh 9th May 19, 5:52 PM
    • 98,581 Posts
    • 67,056 Thanks
    dunstonh
    • #5
    • 9th May 19, 5:52 PM
    • #5
    • 9th May 19, 5:52 PM
    What is the gap between Barclaycard reaslising their mistake.

    If counted by weeks then you would have to pay. If over 6 months then you dont have to pay according to the ministry of justice guidelines (published Aug 2014)
    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.
    • intoo
    • By intoo 9th May 19, 6:14 PM
    • 4 Posts
    • 1 Thanks
    intoo
    • #6
    • 9th May 19, 6:14 PM
    • #6
    • 9th May 19, 6:14 PM
    Only a few weeks unfortunately �� oh well best suck it up and pay ��
    • dunstonh
    • By dunstonh 9th May 19, 6:40 PM
    • 98,581 Posts
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    dunstonh
    • #7
    • 9th May 19, 6:40 PM
    • #7
    • 9th May 19, 6:40 PM
    You could potentially get away with it but it would be a battle. However, you now have access to the FOS with CMCs. So, it may be worth it.

    When the firm says their service is over then that ends the contract. That is a legal position.

    They cannot reactivate the contract just because they want to. They have to get your agreement to reactivate the contract. You haven't given it.

    The CMC is required under their claims management regulations to only place a complaint when there is a genuine reason to do so. This includes making sure you had PPI to begin with. The CMC in this case put in a complaint on your behalf only to be old there was no PPI. Rather than question Barclaycard over this, they accepted that there was no PPI and closed the case.

    By doing this, they have effectively breached the CMC principles by putting in a complaint without properly researching it first. If they had researched it properly first, then they would know you had PPI and would have questioned Barclaycard on this.

    Principle 1 - A business shall conduct itself with honesty and integrity

    Failure 1 - they accepted Barclaycard's position that there was no PPI.
    Failure 2 - they ended the contract but then later billed you for something that occured after the contract ended and you had not re-employed them

    Principle 2

    A business shall conduct itself responsibly overall including, but not limited to, acting with
    professional diligence and carry out the following:
    a) Take all reasonable steps to investigate the existence and merits of each element of a
    potential claim before presenting it to a third party.
    b) Make representations to a third party that substantiate and evidence the basis of the claim,
    are specific to each claim and are not fraudulent, false or misleading.

    Failure 3 - If Barclaycard said there was no PPI then the CMC has breached Principle 2 by putting in a complaint about PPI. If the CMC knew there was PPI then they should have challenged Barclaycard.

    Principle 5 - A business shall observe all laws and regulations relevant to its business.

    Failure 4 - by billing you after they ended the contract, they are potentially committing fraud.

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/380623/CMR_Conduct_of_Authorised_Persons_Rules_Oct14a.pdf

    I think it is worth a punt with a formal complaint to HYC with a follow up to the FOS if required.
    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.
    • Bermonia
    • By Bermonia 9th May 19, 9:28 PM
    • 857 Posts
    • 772 Thanks
    Bermonia
    • #8
    • 9th May 19, 9:28 PM
    • #8
    • 9th May 19, 9:28 PM
    Worth taking them to FOS as very least it’ll cost them £550 for a case fee regardless of the outcome
    • Kasha
    • By Kasha 15th Oct 19, 3:09 AM
    • 64 Posts
    • 14 Thanks
    Kasha
    • #9
    • 15th Oct 19, 3:09 AM
    • #9
    • 15th Oct 19, 3:09 AM
    I am in the same position, it is approx two years ago HYC acted for me, contacted Barclaycard, Barclaycard said no PPI HYC accepted that and that was the end of it. Not had any dealings with them for Two years later Barclay card contact me saying they want their 30% fee. My problem is:
    1. If i employ someone to provide a service I pay for that service. I feel HyC did not investigate properly, and gave me wrong information.
    2. Can they really charge me 30% when so much time has elapsed? And the 20% cap is now in place
    3. I have told them I am not paying for a service they did not provide.
    4. They threatened me with bailiffs would they have to take me to court before they called the bailiffs in ?
    Op i would like to hear how you go on?
    • brettcta
    • By brettcta 15th Oct 19, 11:15 AM
    • 3,723 Posts
    • 3,557 Thanks
    brettcta
    it’s important to remember CMCs don’t ‘investigate’ - they send a template letter to your lender asking if you had PPI and go off that result.
    helpful tips
    it's spelt d-e-f-i-n-i-t-e-l-y
    there - 'in or at that place'
    their - 'owned by them'
    they're - 'they are'
    it's bought not brought (i just bought my chicken a suit from that new shop for £6.34)
    • Moneyineptitude
    • By Moneyineptitude 15th Oct 19, 12:35 PM
    • 24,930 Posts
    • 14,435 Thanks
    Moneyineptitude
    Two years later Barclay card contact me saying they want their 30% fee.
    Originally posted by Kasha
    Your post is confusing.

    Barclaycard certainly won't have contacted you to demand a Claim Company's fees.

    Has Barclaycard only now upheld your complaint from two years ago?

    Is that what you meant to say?

    If so, the Claim Company cannot now demand their fee more than six months after the Bank originally declined to payout.

    If, however, the bank did not originally decline your complaint and the CMC are simply still chasing their fee then not only will you have to pay it, you'll have to pay the 30% fee you agreed back then.

    So please clarify which it was.

    Might help if you didn't post at 3am, of course!
    • Kasha
    • By Kasha 15th Oct 19, 5:34 PM
    • 64 Posts
    • 14 Thanks
    Kasha
    Sorry yes it was HYC that have now contacted me to demand their 30% not Barclaycard. HYC contacted Barclaycard on my behalf approx 2yrs ago. Barclaycard said i did not have an ppi and HYC passed that info onto me and said that was the end of it. It was Barclaycard that contacted me recently to say they had made a mistake an I did have ppi. They have paid me £1400 then i gotca call from hyc saying they want their 30%.
    • Moneyineptitude
    • By Moneyineptitude 16th Oct 19, 12:29 AM
    • 24,930 Posts
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    Moneyineptitude
    They have paid me £1400 then i gotta call from hyc saying they want their 30%.
    Originally posted by Kasha
    Tell them to take a flying leap then.

    If they continue to chase you, make a formal complaint and, ultimately, you'll be able to refer your case to the Ombudsman.

    Post #7 of this thread has all the ammunition you need to fire...
    • nyermen
    • By nyermen 16th Oct 19, 6:52 AM
    • 292 Posts
    • 225 Thanks
    nyermen
    I think the interesting question (alongside dunstonh's great points) is where you are legally with "nothing more we can do". Is the contract terminated eg. Would it have been reasonable to then engage another CMC who may then have been successful. Would you have to pay both? I'd assume then that you'd pay a reasonable amount to CMC1 for their "portion of the effort" and ditto to the second. Or would you be stung for eg. 25% x 2 = 50%?
    Peter

    Debt free - finally finished paying off £20k + Interest.
    • Moneyineptitude
    • By Moneyineptitude 16th Oct 19, 11:40 AM
    • 24,930 Posts
    • 14,435 Thanks
    Moneyineptitude
    Would it have been reasonable to then engage another CMC who may then have been successful.
    Originally posted by nyermen
    As evidenced by the two instances of this thread, the success of the complaint had nothing to do with the involvement of any Claims Company.

    If another CMC had been engaged the result would have been a bill from the second company for time-wasting!
    Since only one PPI complaint was allowed, the Bank would have (initially) just referenced the original rejection.
    • Kasha
    • By Kasha 7th Nov 19, 4:25 PM
    • 64 Posts
    • 14 Thanks
    Kasha
    INTOO......Did you end up paying them? I am now being threatened with bailiffs, they say as they made the initial contact with Barclaycard it is because of them I got paid PPI, their fee is now 35%, I offered them the 20% + vat that is now the rate for these companies, they said they would accept 24% BUT would still get bailiffs to collect the remaining 11%
    • zx81
    • By zx81 7th Nov 19, 4:35 PM
    • 24,131 Posts
    • 26,858 Thanks
    zx81
    They'll want the full fee you agreed to.

    I wouldn't mess them about too much - they're good at collecting debts.
    • Moneyineptitude
    • By Moneyineptitude 7th Nov 19, 5:08 PM
    • 24,930 Posts
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    Moneyineptitude
    I offered them the 20% + vat that is now the rate for these companies, they said they would accept 24% BUT would still get bailiffs to collect the remaining 11%
    Originally posted by Kasha
    If you employed them prior to the fee cap being introduced then the CMC can (and will) charge the % you agreed to pay them at the outset. No point "offering" to pay less if you owe more!

    EDIT:
    Why haven't you done as suggested in earlier posts and refused to pay them anything at all due to your redress payment arriving two years after the Claim Company informed you the complaint had failed?
    I refer you (again) to post #7 of this thread...
    Last edited by Moneyineptitude; 07-11-2019 at 5:26 PM. Reason: Realised this poster was already part of earlier conversation.
    • Kasha
    • By Kasha 8th Nov 19, 4:45 PM
    • 64 Posts
    • 14 Thanks
    Kasha
    Moneyineptitude I have been refusing to pay them on the grounds that when they came back to me 2yrs later after they had told me there was no more they could do for me (end of contract) They had no valid contract BUT they are mithering the life out of me, threatening me, I block their number and they ring from another one, I stupidly thought they may accept and go away if I offered the 20%.
    • Moneyineptitude
    • By Moneyineptitude 8th Nov 19, 10:32 PM
    • 24,930 Posts
    • 14,435 Thanks
    Moneyineptitude
    I have been refusing to pay them on the grounds that when they came back to me 2yrs later after they had told me there was no more they could do for me (end of contract) They had no valid contract BUT they are mithering the life out of me, threatening me,
    Originally posted by Kasha
    You'll only end this by either paying them (not recommended) or by carefully following Dunston's advice at post #7. This is now the third time you have been referred to that information which was originally posted six months ago ....
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