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

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  • Nasqueron
    Nasqueron Posts: 8,631
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    You'd need a legal eye to triple check those conditions, it sounds remarkable that they'd let you cancel the contract after you were told you were getting the money - are you sure the terms you signed are the same?
  • 21rob1
    21rob1 Posts: 4 Newbie
    Hello Nasqueron thanks for the reply.

    I cancelled the claim with them before I was notified which is the basis of my argument with them, I cancelled before I knew I was going to receive any money. The notification that the claim had been upheld was only received by me 3 days after I had cancelled the claims guys.

    Here is the timeline -

    21st March - I cancelled the claim with Claim Guys

    23rd March - Claim Guys received notification from the lender of upheld claim

    24th March - I received notification from the lender of upheld claim.

    I comply with their T's+ C's regarding cancellation and fees due to my understanding.
    Rob
  • Nasqueron
    Nasqueron Posts: 8,631
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    The reason I was asking is that it's not impossible that the terms they show say on their website may be different to whatever you signed. If you are confident you owe them nothing then spend the money but I'd be very surprised if they didn't come after you
  • 21rob1
    21rob1 Posts: 4 Newbie
    Morning

    I am only referring to the terms on their letters of authority which I signed and kept copies of before cancelling their services.

    Thanks
  • [Deleted User]
    [Deleted User] Posts: 26,612
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    I think you still owe them the money.
    The letter upholding your complaint may have arrived on the 24th March, but it looks like you knew the complaint was upheld prior to this and are trying to wriggle out of paying their fee on a "technicality". Did you perhaps call the Bank to enquire about the status of your complaint? Perhaps on the same day (or prior) as you "cancelled"?

    I'd carefully check the terms and conditions of the contract you signed, the letter of authority to act on your behalf has obviously been used to send your complaint. The CMC has also obviously already done all the work you employed them to achieve.

    I'm no fan of Claims Companies, but I don't agree you are acting reasonably or fairly in this instance.
  • Morning

    Thanks for your response

    I had absolutely no contact with Lloyds prior to receiving notification of this Loan claim until the Saturday when we received notification via mail.

    I spoke to Lloyds on the Weds prior regarding me credit card claim and at that point enquired about removing the cmc authority, at no point was the loan discussed or was I notified of a decision, I have since asked Lloyds for a transcript of all phone calls so I can verify this.

    I'm simply adhering to their T's+C's and willing to pay their cancellation fee that is set out within them, so whereas you think I'm wriggling out of paying, I'm not, far from it, I'm happy to pay what is owed and this is not 30% + VAT.

    Thanks for the reply anyway

    Rob
  • [Deleted User]
    [Deleted User] Posts: 26,612
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    Do update us with likely tales of debt collectors and trashed credit ratings.
  • I did my own PPI claims a number of years ago with positive results as I really believe there should be no need to use these companies. However because I was aware I had a number of credit cards in the past I believed the easy option would be to do a final sweep to see if I had missed any?

    I used a claims company that advised me that my husband should also sign just in case any of the loans were in joint names as this would enable them to claim on our behalf. We both signed believing that this was only for me or a joint application.

    A couple of loans were found which we received payment and we paid their invoice request straight away.

    A few days ago we received a further request for a repayment that had been made by the bank to my husband only as the debt was in his name only.

    The company are now requesting payment from me for my husbands cheque that he had received direct to his own bank account.

    I have just requested a copy of my agreement that I signed along with their complaints procedures as I feel that my husband has signed those original documents believing he was helping me. He would never have contacted a claims company to act on his behalf.

    I will await their reply with interest.
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    I did my own PPI claims a number of years ago with positive results as I really believe there should be no need to use these companies. However because I was aware I had a number of credit cards in the past I believed the easy option would be to do a final sweep to see if I had missed any?

    I used a claims company that advised me that my husband should also sign just in case any of the loans were in joint names as this would enable them to claim on our behalf. We both signed believing that this was only for me or a joint application.

    A couple of loans were found which we received payment and we paid their invoice request straight away.

    A few days ago we received a further request for a repayment that had been made by the bank to my husband only as the debt was in his name only.

    The company are now requesting payment from me for my husbands cheque that he had received direct to his own bank account.

    I have just requested a copy of my agreement that I signed along with their complaints procedures as I feel that my husband has signed those original documents believing he was helping me. He would never have contacted a claims company to act on his behalf.

    I will await their reply with interest.

    What does the contract state, did your husband read it before signing?
  • dunstonh
    dunstonh Posts: 116,043
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    edited 30 April 2017 at 5:17PM
    However because I was aware I had a number of credit cards in the past I believed the easy option would be to do a final sweep to see if I had missed any?

    Seeing as your lending history is not in the public domain, a CMC has no way of finding out anything you cant. (Credit report being a common method - the likes of noddle being no cost to you).
    I used a claims company that advised me that my husband should also sign just in case any of the loans were in joint names as this would enable them to claim on our behalf. We both signed believing that this was only for me or a joint application.

    This has come up on this site before just as you describe it. However, the forms actually allow the CMC to include any debt for either of you and the bank is quite correct to look at both joint and sole complaints.
    I have just requested a copy of my agreement that I signed along with their complaints procedures as I feel that my husband has signed those original documents believing he was helping me. He would never have contacted a claims company to act on his behalf.

    The problem is that if he signed the forms, then he did agree to it.

    Also, if you had down your own complaints previously, then why hadnt you included your husbands? That seems a bit strange.

    Your husband and you need to be more careful in future. I don't mean that in a harsh way but first you were missold PPI. Now you are saying you were missold a claims company. Your signatures on documents carry weight. You shouldnt just put them on there nilly willy. You should read what you are agreeing to. You need to take more care otherwise what else are you going to get caught up in.
    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.
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