Claims management company (CMC) complaints - ask the ombudsman your question

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  • Alpine_Star
    Alpine_Star Posts: 1,354 Forumite
    First Anniversary Combo Breaker First Post
    Symbiosis16 wrote: »
    Hi,

    I'll do my best to clarify some things. It's a claims management company, I mistakenly put down credit. RBS words were that the bank have taken a decision that we will no longer engage with that particular claims management company. As a result, we shall send all communications to you rather than Elkador finance. Assessment of the complaint will not be affected in any way by the banks decisions not to engage with elkador finance. They have stated that if I wish to discuss this further then I can call them which I will do.

    I have never applied for PPI before and never had a claim rejected.

    Thanks


    If you have signed an agreement with Elkador I would write to them cancelling it on the basis that they are not capable of providing you with the claims management services you contracted them to supply due to RBS's refusal to engage with them.


    Elkador Finance is currently under investigation by the regulator
    https://www.claimsregulation.gov.uk/details.aspx/25535/Elkador_Finance_Limited/?search=simple&business=elkador+finance&authID=&sector=-1&county=-1&status=-1
  • Brockhill
    Brockhill Posts: 1 Newbie
    I have had my bank contact me offering me an amount of money due to mis-selling . Wonderful you may think -but I hadn't contacted my bank. I then read the letter more thoroughly and found that a PPI claims company had done so. I had not contacted a company!
    On showing the letter to my husband I found that he had contacted this company asking them to look into a mortgage we had. I alone took out a loan in the past added to the mortgage.
    If my husband had asked them to look into his financial affairs- fine. But why look into mine?
    Should I contact the bank and explain and reject the money ?
    Do I contact the PPI company and tell them that they had a contract with my husband and not me ?
  • Legal_Ombudsman
    Legal_Ombudsman Posts: 79 Organisation Representative
    Brockhill wrote: »
    I have had my bank contact me offering me an amount of money due to mis-selling . Wonderful you may think -but I hadn't contacted my bank. I then read the letter more thoroughly and found that a PPI claims company had done so. I had not contacted a company!
    On showing the letter to my husband I found that he had contacted this company asking them to look into a mortgage we had. I alone took out a loan in the past added to the mortgage.
    If my husband had asked them to look into his financial affairs- fine. But why look into mine?
    Should I contact the bank and explain and reject the money ?
    Do I contact the PPI company and tell them that they had a contract with my husband and not me ?

    [FONT=&quot]Hello Brockhill,
    [/FONT]
    [FONT=&quot]This sounds like a complaint we can look into. Generally speaking, if the loan was in your sole name, the claims management company (CMC) should have obtained your authority to make the claim.[/FONT]

    [FONT=&quot]You’ve mentioned that the loan was added to a joint mortgage. We would need some more information about this in order to advise you further.[/FONT]

    [FONT=&quot]Please give us a call on 0300 555 0333 and select option 1 to speak to a member of our CMC team. You will need to raise a formal complaint with the CMC, and allow them eight weeks to respond, before we can investigate. We can make the complaint on your behalf if you prefer.[/FONT]

    [FONT=&quot]You should be aware that if you reject the bank’s offer, the CMC may still charge you a fee.[/FONT]
    “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"
  • BethanyD
    BethanyD Posts: 111 Forumite
    The below text is straight from the Claims Management Regulator's website -

    As a result of an investigation, the Claims Management Regulator has imposed a financial penalty of £315,000 on Elkador Finance Limited.
    Elkador Finance Limited was found in breach of the following Conduct of Authorised Persons Rules 2014:
    General Rule 2 – A business shall conduct itself responsibly overall including, but not limited to, acting with professional diligence and carry out the following:
    d) maintaining appropriate records and audit trails
    e) take all reasonable steps in relation to any arrangement with third parties to confirm that any referrals, leads or data have been obtained in accordance with the requirements of the legislation and Rules.
    Client Specific Rule 9 – A business must seek to ensure that any publicity for its services issued by a third party and which is intended to solicit business for it complies with these rules.




    Alpine_Star wrote: »
    If you have signed an agreement with Elkador I would write to them cancelling it on the basis that they are not capable of providing you with the claims management services you contracted them to supply due to RBS's refusal to engage with them.


    Elkador Finance is currently under investigation by the regulator
    https://www.claimsregulation.gov.uk/details.aspx/25535/Elkador_Finance_Limited/?search=simple&business=elkador+finance&authID=&sector=-1&county=-1&status=-1
  • majorchudley
    majorchudley Posts: 6 Forumite
    Morning

    I am currently using a CMC company which I am happy with and have just received a letter from our Building Society regarding another CMC company who are trying to act on my behalf without permission, in fact I have never heard of them. They have quoted account numbers etc which is very worrying to me. How do I deal with this?

    Gill
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Contact them and ask them why they are acting for you.
  • Legal_Ombudsman
    Legal_Ombudsman Posts: 79 Organisation Representative
    edited 11 July 2016 at 11:10AM
    majorchudley wrote: »
    Morning

    I am currently using a CMC company which I am happy with and have just received a letter from our Building Society regarding another CMC company who are trying to act on my behalf without permission, in fact I have never heard of them. They have quoted account numbers etc which is very worrying to me. How do I deal with this?

    Gill

    [FONT=&quot]Hello Gill,[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]You should contact the second CMC and ask why they are trying to act for you. If they say you signed up with them; ask them to provide you with copies of the signed paperwork.[/FONT]

    [FONT=&quot]If you are unhappy with their response, you should raise a formal complaint with the CMC. If you would like us to help you with this, please give us a call on 0300 555 0333 (option 1). [/FONT]

    [FONT=&quot]The CMC will have up to eight weeks to respond to your complaint. If you remain unhappy with their final response, or if they don’t respond within eight weeks, we can investigate the complaint for you. You can contact us on the number above, or email cmc@legalombudsman.org.uk.[/FONT]
    “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"
  • laserbaby11
    laserbaby11 Posts: 3 Newbie
    Hi, I instructed a PPI firm to look at the possibility of being owed PPI monies and on instruction they advised that they are regulated and cannot make someone worse off (money wise) and have to either make someone better off financially or in the same situation (and not to be worse off). This procedure was started in October last year and I paid them a fee of £495. I do not think they are going to be able to gain any PPI and I want my fee refunded. To date they have ignored my request. Any advice would be gratefully received - or advise on who would I need to contact for them to take up this matter on my behalf. Thank you.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    The procedure is that you formally complain to the company and request that they refund your money. However, it's very likely they'll want to bill you for "work done" in the last nine months.

    After eight weeks have passed or if you remain unhappy after they have responded, you can refer your complaint to the Legal Ombudsman (whose forum representative posted here immediately before you did).


    Why on earth did you pay £495 in advance?
  • laserbaby11
    laserbaby11 Posts: 3 Newbie
    Thank you for your reply. I know I stupidly decided to instruct them after someone I work with had had success in claiming PPI with the same company. Luckily for her she has had monies refunded due to the PPI company, I shall give them 8 weeks to respond to my latest correspondence before taking things further.


    Thanks again.
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