CMC company trying to claim payment on plevin award

That is probably what they are hoping you will do. Read the rules again. They are quite clear on what the CMC should do. If the CMC has done it, then you ought to pay. if the CMC has not done what they should then you should refuse.

They huff and puff to frighten you into paying.

I hope it goes well but I fear the weakness of the LO compared to the FOS will come into play. The FOS would consider the FCA rulebook. The LO doesnt appear to consider the guidelines for CMCs.

However, do remember that even if the LO decide its outside of their remit, the CMC would still have to start legal proceedings against you. You would have an opportunity to put your case forward (no authority to act, being billed fraudulently as CMC is in breach of the MoJ rules etc). Even if the judgement is against you, if you settle it at that point with the amount you owe with the possibility of a small fee on top.

In all the other cases where the CMC has tried this, they pull out and agree to waive it as a goodwill gesture.

I also have an email from the LO stating that they would follow FCA guidance on Plevin - however, they need to see the paper work.

It isnt the FCA that issue the guidance on Plevin in respect of claims companies. It is the ministry of justice.

Look at the link again. It is an MoJ website. Not an FCA one.
https://www.gov.uk/government/publications/claims-management-companies-plevin-guidance/plevin-guidance-for-claims-management-companies

FCA regulate financial services companies. MoJ cover the claims companies.

Make sure the LO is clear that its a CMC rule breach you are concerned about and nothing to with the FCA who do not regulate claims companies.

However, when I log into their website, they have closed my PPI case and opened a new case for Plevin - which I knew nothing about.

And it says under section 3 that the claims company.... 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. (Further information is available on consent in our Marketing and Advertising Guidance. When presenting the complaint on the basis of Plevin grounds, you will be expected to use and include relevant information you and/or your client has already been provided with to assist the lender in investigating the complaint.

The Letter of authority is the agreement. Without that they have no contract with you. It states in the CMC rules that they must have your consent. You never gave that consent. So, the CMC is in breach of MoJ rules.

If you're in arrears or have defaulted, yes.

Rogersfamily wrote: »

I’m having exactly the same issue with quite possibly the same company so I’m really intrigued to know how you get on with this ! Please let me know and good luck!

All other people that have posted on the site have so far succeeded in getting the CMC to back down after they mention the Ministry of justice website and what it says in section 3.