Inaction by Claims company got my case closed.

Hi everyone,

Just after a bit of advice, I used one of those online payday loan refund companies, yiu knkw the ones that see if you are entitled to any sort of claim due to inaffordability etc.

I never expected to get anything backbut it was thrown in with a PPI claim check.They did all the letters ect and eventually I got a final decison from Wonga with a very reasonable offer of about £400.

Throughout all of this I have been instructed to not apply directly to the lender as it could affect my claim etc etc.

As of today it had been 2 weeks since Wonga emailed us both with the offer ad there has been no action and no communication from the claims people, so I decided to just email Wonga myself and accept the offer.

I don’t believe they have read my email yet as they sent out a “we have still not heard a response, case has been closed” email about an hour after. I obviously replied to this one and mentioned kindly that I had replied just before this. The email says they are still happy to discuss my claim so I might ring them tomorrow when their claim line is open.

Just the backstory, so what do I do now about the claims people, I signed a contract and agreed to pay their fees but they really haven’t done what I consider a proper job.

I feel a little loathe to pay them now that I have had to do a lot of the running around and my claim has been closed and hence delayed by this.

Should I just see if I can get the money transacted to my account and then tell them that I am not giving them the full percentage amount or should I just pay up and leave a bad review on their website?

Many thanks.
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Comments

  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    jspinner wrote: »
    I feel a little loathe to pay them now that I have had to do a lot of the running around and my claim has been closed and hence delayed by this.
    Good luck trying to wriggle out of the legally-binding contract you've signed with the Claims Company. The company will demand you pay their full fee and will chase you all the way to court if necessary.

    The refund will be paid direct to you in any case, their bill will be separate.
  • dunstonh
    dunstonh Posts: 116,281 Forumite
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    so what do I do now about the claims people, I signed a contract and agreed to pay their fees but they really haven!!!8217;t done what I consider a proper job.

    They have done the job you employed them to do. i.e. put your letter in the envelope and post it to the free of charge to use complaints address. That is all they do.
    Should I just see if I can get the money transacted to my account and then tell them that I am not giving them the full percentage amount or should I just pay up and leave a bad review on their website?

    The money usually goes direct to the account holder anyway. You then pay the bill after. CMCs are very good at following up non-payment with legal action.

    You are being very premature. Your offer is not withdrawn. Its just an attempt to speed your response up. The firm cannot close the complaint within 14 days. Indeed, actually have 6 months to appeal the decision. They just want to get your off their desk.
    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.
  • walwyn1978
    walwyn1978 Posts: 837 Forumite
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    Good luck trying to wriggle out of the legally-binding contract you've signed with the Claims Company. The company will demand you pay their full fee and will chase you all the way to court if necessary.

    The refund will be paid direct to you in any case, their bill will be separate.

    Exactly. From the experience of my BIL who used one of these companies, the rebate arrived from the bank (in his case paid directly into his account) and then a letter arrived from the claim company saying 'you have received a rebate of X, please now pay us Y' .

    You will no doubt be getting one of these soon.
  • jspinner
    jspinner Posts: 5 Forumite
    Its been almost 5 weeks since the CMC company finally emailed me with confirmation of my offer from Wonga with an acceptance form attached. It took them 3 weeks from the time of me receiving the offer from Wonga (both the CMC and myself being copied in the email) to the CMC emailing me to tell me that I had an offer... I emailed the filled-in form back straight away.

    And of course, I have heard absolutely nothing back, no acknowledgement of my acceptance of the offer and nothing from Wonga either..., I am not going to chase them, just going to see how much longer it takes to get my payment. Can you imagine if we the consumer took 5 weeks to pay them.

    Just putting this out there that if you are thinking of using one of these conpanies, it is probably quicker to just do the process yourself (and cheaper!). So just avoid them.

    And have a good day! :beer:
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    jspinner wrote: »
    of course, I have heard absolutely nothing back, no acknowledgement of my acceptance of the offer and nothing from Wonga either..., I am not going to chase them, just going to see how much longer it takes to get my payment.
    Just putting this out there that if you are thinking of using one of these conpanies, it is probably quicker to just do the process yourself (and cheaper!). So just avoid them.
    Just be aware that it is not the Claim Company who are holding up your payment (they want paying too), it's Wonga who are being tardy and it's Wonga you should chase.

    While I totally agree Claim Companies are an expensive waste of your time and money, they are not responsible for the delay in payout in this instance.
  • jspinner
    jspinner Posts: 5 Forumite
    See, it is hard to see through my biased spectacles, but I have received more emails during this process from Wonga than the CMC dealing with the case. Plus Wonga has managed to spell my name correctly in their emails so I am giving them the benefit of the doubt and thinking the CMC hasn!!!8217;t forwarded my acceptance on.

    Should I have received an email acknowledging my acceptance of the final offer? Or will it just be paid into my bank account in due course?
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    jspinner wrote: »

    Should I have received an email acknowledging my acceptance of the final offer? Or will it just be paid into my bank account in due course?
    It's Wonga who ain't payin'.

    Just sayin'.

    :)
  • jspinner
    jspinner Posts: 5 Forumite
    I have spoken to Wonga, who have no record of any acceptance by the CMC.

    Knowing that it is the CMC who is causing all of these delays, should I now complain to them? Complaining might either remind them to send my acceptance on so I actually get my refund sometime this year or I might be able to negotiate their fees down a little bit now since their service has been pretty rubbish. Or should I wait a few more weeks for a stronger case (providing they don’t suddenly remember my case and get things moving again?).

    I know it was only a comparatively small refund in this situation but I shouldn’t have been forgotten about. Terrible service.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    jspinner wrote: »
    Knowing that it is the CMC who is causing all of these delays, should I now complain to them? Complaining might either remind them to send my acceptance on so I actually get my refund sometime this year or I might be able to negotiate their fees down a little bit now since their service has been pretty rubbish. Or should I wait a few more weeks for a stronger case
    It sounds to me like you almost want the Claims Company to give you "bad" service so that you somehow don't have to pay their fee.
    Why are you waiting for the Claim Company to send in your acceptance when you are already in contact with Wonga directly? Either demand the Claim Company send Wonga your signed acceptance immediately or simply ask Wonga to provide you with a new acceptance.

    Either way, I wouldn't expect you to be able to wriggle out of paying the Claim Company. You employed them to represent you in your complaint. I very much doubt there is any time element in the legally-binding contract you signed and otherwise they have been successful in what you employed them to do.
    jspinner wrote: »
    I am not going to chase them, just going to see how much longer it takes to get my payment.
    I totally fail to see your logic here, I'm afraid.
  • jspinner
    jspinner Posts: 5 Forumite
    Maybe you are half right, I am aware that you can get fees waived for poor service from CMC!!!8217;s (according to the legal ombudsman). I did ring up the LO at the beginning of the week just to clarify what constitutes !!!8220;poor service!!!8221; and delays in case progression and lack of communication are included.

    The lady I spoke to said that poor service is personal and subjective to everyone but if I have been sent an offer then she would have expected the process to have been wrapped up by now, but they havent even sent my acceptance to Wonga.

    Which is where I am at a bit of a fork in the road. If they really have forgotten about my case, do I wait until the 6 month deadline for the Wonga offer acceptance is up because it will strengthen my case that their service has been terrible so I can try to keep more of my refund but receive it much later (providing that my case stays in the current state of course), or do I just bite the bullet and complain now even though it might not have been long enough to really consider poor service but I will get at least my portion of my refund sooner.

    As said before, I am happy to pay for a service that I am given, but if the service that I purchased is not up to scratch, I do reserve the right to try and lower the cost of the service.
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