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  • FIRST POST
    Legal Ombudsman
    Claims management company (CMC) complaints - ask the ombudsman your question
    • #1
    • 3rd Jun 15, 12:11 PM
    Claims management company (CMC) complaints - ask the ombudsman your question 3rd Jun 15 at 12:11 PM
    Have you used a CMC to reclaim PPI or other financial products and received poor service? The Legal Ombudsman is here to answer your CMC queries and concerns. We resolve complaints about legal service providers and CMCs and our service is free.

    It may be that your CMC has:
    • failed to do what they agreed
    • hasnít handled your mis-sold PPI claim the way you expected them to
    • has been slow in responding
    • increased their charges without explaining why
    • unreasonably refused you a service
    • pressured you to accept a service you did not want
    We will investigate your complaint and if we decide the service you received was unreasonable, we can make sure your CMC puts it right.


    How to get in touch with your questions and concerns

    We're happy to answer your questions in this thread, so just reply below and we'll get back to you.

    Alternatively there are lots of other ways you can get in touch.

    1. Use our live chat function Mon-Fri between 08:30am and 5:30pm: https://legalombudsman.live-chat-help.com/
    2. Call us Mon-Fri between 08:30am-5:30pm on 0300 555 0333 or on our minicom 0300 555 1777
    3. Email us on cmc@legalombudsman.org.uk
    4. Or write to us at Legal ombudsman, PO Box 6804, Wolverhampton, WV1 9WG

    You can also follow us on facebook or twitter @Legal_Ombudsman
    Last edited by Former MSE Wendy; 21-07-2015 at 12:08 PM.
    ďOfficial 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"
Page 14
    • -taff
    • By -taff 10th Nov 18, 10:40 AM
    • 8,680 Posts
    • 7,925 Thanks
    -taff
    Probably not if it's a Plevin payout.
    • dunstonh
    • By dunstonh 10th Nov 18, 10:47 AM
    • 95,758 Posts
    • 63,453 Thanks
    dunstonh
    CMC instructed re PPI in 2015 rejected by Halifax in October 2015 referred to FOS not received anything further from CMC Halifax contacted me in July 2018 said FOS agreed their original decision but asked to consider unfair relationship goodwill payment made can CMC claim payment
    Originally posted by Sammy7046
    Yes they can.

    When the referral to the FOS is made within 6 months of the complaint outcome and results in a payment then the CMC can bill against that. Even if it takes 2-3-4 years for the FOS decision to be made.

    It is only when there is a gap and the complaint ended but resulted in a payment years later where the CMC cannot bill you.
    i.e. you complained and were rejected say in 2014. However, in 2018 you decided to enquire about a plevin payout and you received one. The CMC should not bill you against that as the plevin payout is not linked to the original complaint.

    In your case, it sounds like a plevin payout but not a new case raised but linked to the original complaint that was referred to the FOS (and probably put on hold during the consultation period). So continuous and not a new process.
    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.
    • Lucky340
    • By Lucky340 10th Nov 18, 12:24 PM
    • 1 Posts
    • 0 Thanks
    Lucky340
    Mis-sold Endowment Policy
    Approximately 25 years ago I was sold an Endowment policy which I was told would cover any mortgage up to circa £40,000. This was used against the mortgage on our first house and then some years later probably late 90ís early 2000ís we started to receive profit warnings and were advised that the policy would not cover our mortgage. We had moved house by this time changed our mortgage provider and mortgage product to capital and interest so the endowment product no longer covered our mortgage. With the hubbub of normal life the endowment product got forgotten about however recently I recieved notice that the policy will mature next month and pay out the princely sum of £5600! Over the 25 years Iím sure Iíve paid in more than that to the product. Is there anything I can do about this? Can I make a claim , if yes how?:🤔
    • Nasqueron
    • By Nasqueron 10th Nov 18, 5:32 PM
    • 5,948 Posts
    • 3,595 Thanks
    Nasqueron
    Approximately 25 years ago I was sold an Endowment policy which I was told would cover any mortgage up to circa £40,000. This was used against the mortgage on our first house and then some years later probably late 90ís early 2000ís we started to receive profit warnings and were advised that the policy would not cover our mortgage. We had moved house by this time changed our mortgage provider and mortgage product to capital and interest so the endowment product no longer covered our mortgage. With the hubbub of normal life the endowment product got forgotten about however recently I recieved notice that the policy will mature next month and pay out the princely sum of £5600! Over the 25 years Iím sure Iíve paid in more than that to the product. Is there anything I can do about this? Can I make a claim , if yes how?:🤔
    Originally posted by Lucky340

    In essence, no. The time to complain was when you started getting shortfall letters, this case will be time barred
    • dunstonh
    • By dunstonh 11th Nov 18, 12:40 AM
    • 95,758 Posts
    • 63,453 Thanks
    dunstonh
    I recieved notice that the policy will mature next month and pay out the princely sum of £5600!
    That suggests it was never set up to pay out £40000. An endowment with a target of £40k over 25 years would be around £30k to £50k ballpark. Or alternatively, you stopped paying into it.

    Is there anything I can do about this? Can I make a claim , if yes how?
    no and no. You have to raise a complaint within 6 years of purchase or 3 years from being reasonably aware of an issue. The mid rate projection showing shortfall is enough to start the 3 year clock ticking. Plus, any action you took (such as switching to repayment basis) can be used as well.

    Over 3/4 of all endowments are now timebarred from complaint. A few still slip through but interestingly, endowment policies now have the lowest uphold rate of any financial product at the FOS.
    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.
    • stuart_b
    • By stuart_b 11th Nov 18, 12:51 PM
    • 29 Posts
    • 12 Thanks
    stuart_b
    You should never use a CMC when you have arrears, defaults, amounts written off as part of a settlement, bankruptcy or IVA.

    In those scenarios, the redress on an upheld complaint can go against the debt and you would not see the cash in your hands. However, the CMC can bill you against the full value of the redress even though you haven't seen it.
    Originally posted by dunstonh
    A little nuancing of this is worthwhile. Bankruptcy - don't claim. IVA or Trust Deed - be cautious, but if the IVA or Trust Deed admin. will agree in writing that you can keep redress, then you can still make a complaint through a CMC.

    We know from experience that IVA and Trust Deed admins will do this where the IVA/Trust Deed was closed some time ago.

    So it's not a totally black and white situation, but those who have had IVAs should still consider a complaint if appropriate.

    Stuart
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