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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
    • 9,124 Posts
    • 9,843 Thanks
    -taff
    Probably not if it's a Plevin payout.
    • dunstonh
    • By dunstonh 10th Nov 18, 10:47 AM
    • 96,475 Posts
    • 64,379 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
    • 6,529 Posts
    • 4,013 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
    • 96,475 Posts
    • 64,379 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
    • 40 Posts
    • 19 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
    • Nasqueron
    • By Nasqueron 14th Nov 18, 9:49 PM
    • 6,529 Posts
    • 4,013 Thanks
    Nasqueron
    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
    Originally posted by stuart_b

    No-one is saying don't complain in these circumstances, we're simply saying not to use a claims firm full stop.


    The use of "we" in this context is starting to look like you work for a claims firm
    • stuart_b
    • By stuart_b 15th Nov 18, 2:23 PM
    • 40 Posts
    • 19 Thanks
    stuart_b
    No-one is saying don't complain in these circumstances, we're simply saying not to use a claims firm full stop.
    Originally posted by Nasqueron
    dunstonh was saying don't use one when there is an arrears, IVA, bankruptcy etc.

    I was simply adding what is a worthwhile clarification on the situation with IVAs and Trust Deeds so that people would not be misled into ditching a complaint before they start. Not sure why you think it worth objecting to that. Nothing in my post advocates using a CMC.

    For anyone claiming themselves this is still relevant but of course particularly important for anyone thinking of using a CMC. Many (not all) of them will as stated charge a fee regardless of redress actually paid to the customer which is clearly a very bad thing.

    Simply saying that regardless of how a complaint is pursued, people who have had IVAs should not rule out making a complaint before checking with their IVA or Trust Deed admin what woudl happen to any redress.

    Stuart
    • Nasqueron
    • By Nasqueron 15th Nov 18, 2:52 PM
    • 6,529 Posts
    • 4,013 Thanks
    Nasqueron
    dunstonh was saying don't use one when there is an arrears, IVA, bankruptcy etc.

    I was simply adding what is a worthwhile clarification on the situation with IVAs and Trust Deeds so that people would not be misled into ditching a complaint before they start. Not sure why you think it worth objecting to that. Nothing in my post advocates using a CMC.

    For anyone claiming themselves this is still relevant but of course particularly important for anyone thinking of using a CMC. Many (not all) of them will as stated charge a fee regardless of redress actually paid to the customer which is clearly a very bad thing.

    Simply saying that regardless of how a complaint is pursued, people who have had IVAs should not rule out making a complaint before checking with their IVA or Trust Deed admin what woudl happen to any redress.

    Stuart
    Originally posted by stuart_b

    Claims firms are supposed to not take on IVA/Bankrupts etc because of the dangers of the person not getting any money but still a bill



    However, dunstonh's post did not say that you should not start a complaint, he just, rightly, said not to use a claims firm which is the correct advice. Claims firms add nothing to the process and everything they can do, a person can do themselves.
    • Gettingtherequickly
    • By Gettingtherequickly 4th Dec 18, 3:49 PM
    • 3,886 Posts
    • 17,184 Thanks
    Gettingtherequickly
    I currently have a complaint with Ombudsman, who has advised that Barclaycard have agreed that I should be re-imbursed, which is great news. Apparently, Barclaycard wrote to me advising me this in August, but I did not received the letter. I have requested a copy of the letter but was wondering what the time scale should be to receive it?
    A smile costs little but creates much
    • zx81
    • By zx81 4th Dec 18, 3:54 PM
    • 20,184 Posts
    • 21,515 Thanks
    zx81
    Probably no more than a couple of weeks.
    • Nickip3
    • By Nickip3 11th Dec 18, 12:08 PM
    • 4 Posts
    • 0 Thanks
    Nickip3
    CMC Trying to claim payment
    March 2017 my husband signed a LOA for a Tesco PPI claim with Family Money Savers. Nothing was received again from them. Jan 2018 we received a letter from Tesco to say we could claim and to complete the questionnaire. We did and payment was made to us in March 2018. In Aug 2018 we received a letter from Tesco with regard to new ruling and said we could possibly claim again. I went into Tesco website to log complaint. We then receive a letter from Family Money Savers with a LOA. This was completed. The next thing we get is a letter from FMS asking us for their fee. On the same day is a letter with a second reminder. I contacted FMS and said we donít owe this money as it was us that dealt direct with Tesco. I then contacted Tesco who have confirmed that FMS have no claim as the LOA was our of date. We have since received threatening calls and they have now passed to their debt collection agency, which is part of FMS who are threatening to send a debt collector to our door. I have written a letter of complaint to them 12/11/18 which has not yet been responded to. Any more advice please.
    • Nasqueron
    • By Nasqueron 11th Dec 18, 12:16 PM
    • 6,529 Posts
    • 4,013 Thanks
    Nasqueron
    March 2017 my husband signed a LOA for a Tesco PPI claim with Family Money Savers. Nothing was received again from them. Jan 2018 we received a letter from Tesco to say we could claim and to complete the questionnaire. We did and payment was made to us in March 2018. In Aug 2018 we received a letter from Tesco with regard to new ruling and said we could possibly claim again. I went into Tesco website to log complaint. We then receive a letter from Family Money Savers with a LOA. This was completed. The next thing we get is a letter from FMS asking us for their fee. On the same day is a letter with a second reminder. I contacted FMS and said we donít owe this money as it was us that dealt direct with Tesco. I then contacted Tesco who have confirmed that FMS have no claim as the LOA was our of date. We have since received threatening calls and they have now passed to their debt collection agency, which is part of FMS who are threatening to send a debt collector to our door. I have written a letter of complaint to them 12/11/18 which has not yet been responded to. Any more advice please.
    Originally posted by Nickip3

    Speak to the legal ombudsman though it will depend if you signed a LOA and this claims firm submitted your complaint to Tesco. If so, then they are entitled to their cut regardless of the fact that they did nothing and Tesco took a while to respond. A lot will depend on whether they confirmed your contract was over and if the firm are the ones who submitted it
    • brettcta
    • By brettcta 11th Dec 18, 1:19 PM
    • 3,541 Posts
    • 3,329 Thanks
    brettcta
    why, after complaining direct to tesco, when FMS sent you a new LOA did you complete it?
    helpful tips
    it's spelt d-e-f-i-n-i-t-e-l-y
    there - 'in or at that place'
    their - 'owned by them'
    they're - 'they are'
    it's bought not brought (i just bought my chicken a suit from that new shop for £6.34)
    • Nickip3
    • By Nickip3 11th Dec 18, 1:23 PM
    • 4 Posts
    • 0 Thanks
    Nickip3
    I spoke to legal ombudsman back in November. Hence the letter of complaint to the cmc. I have to wait 8 weeks for them to respond. In the meantime we are being pursued with them not responding back to us. How do they have claim to something that was paid after the LOA was out of date. Even when Tesco have confirmed that they have no right to claim on it. They will not even speak to Tesco themselves to confirm. They just want the money and thatís it.
    • Nickip3
    • By Nickip3 11th Dec 18, 1:27 PM
    • 4 Posts
    • 0 Thanks
    Nickip3
    Because Tesco had written again in Aug saying we we could claim regarding new ruling. I went on Tesco website and filled in. I thought the LOA that arrived was to do with that. It looked like a new complaint when it came. It was 18 months later by the same CMC. Didnít realise this at the time as we had no correspondence from them in the whole 18 months.
    • Jimp
    • By Jimp 11th Dec 18, 1:54 PM
    • 1 Posts
    • 0 Thanks
    Jimp
    Hi over 2yrs ago I instructed a firm called hidenda to pursue a claim for ppi insurance against Cardiff pinnacle insurance for a car loan i took out in 2006 . I was told I had taken out ppi and to fill out the form and return it to them, that was the last thing I have heard. I have tried contacting them to no avail. I was wondering if i could make the claim myself ?
    • Nasqueron
    • By Nasqueron 11th Dec 18, 3:07 PM
    • 6,529 Posts
    • 4,013 Thanks
    Nasqueron
    Because Tesco had written again in Aug saying we we could claim regarding new ruling. I went on Tesco website and filled in. I thought the LOA that arrived was to do with that. It looked like a new complaint when it came. It was 18 months later by the same CMC. Didnít realise this at the time as we had no correspondence from them in the whole 18 months.
    Originally posted by Nickip3

    The question is, did they submit the original complaint that has paid out or did the first complaint get rejected and now Tesco have given you a Plevin pay out (mentioning undisclosed commission)?


    If the former, you will need to pay as they did their bit, if the latter and it's over 6 months you will probably have grounds to not pay but sending them a signed second LOA was a mistake
    • Nasqueron
    • By Nasqueron 11th Dec 18, 3:08 PM
    • 6,529 Posts
    • 4,013 Thanks
    Nasqueron
    Hi over 2yrs ago I instructed a firm called hidenda to pursue a claim for ppi insurance against Cardiff pinnacle insurance for a car loan i took out in 2006 . I was told I had taken out ppi and to fill out the form and return it to them, that was the last thing I have heard. I have tried contacting them to no avail. I was wondering if i could make the claim myself ?
    Originally posted by Jimp

    This will be more complicated as you needed to complain to the firm that sold the PPI (the car dealership normally) not the insurer who didn't sell you anything.


    If you complained 2 years ago then the complaint will likely be time barred if they responded (most likely rejecting it as not liable)
    • Nickip3
    • By Nickip3 11th Dec 18, 4:01 PM
    • 4 Posts
    • 0 Thanks
    Nickip3
    To me it seems that CMC are trying to back track and sent the new LOA after realising this was paid out earlier in the year and knew they were out of date. From what I can tell from letters Tesco paid out on plevin
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