How to ditch a Claims Management Company

[Doc2527]

Hi Folks

 

Can someone help me?

 

I have been using a CMC for nearly 3 years with only one successful PPI refund from my wife's credit card.

I have one claim currently with the FSCS.

I have a few other claims that they are handling, however I am dissatisfied with the lack of any real movement, after repeated phone calls asking what was happening and getting the usual fob off, of , it's very busy!!

 

Could someone please help me with a form of words to "ditch" this CMC?

 

Is it possible that they will try and charge me....??

 

Doc2527

[ims21]

Hi

 

I think you'd need to check the T&Cs of your contract with them to see if there is any fee payable on termination as they may have a fee for work done to date. Also you need to find out from them exactly what they have done to date and ask for copies of correspondence and other paperwork.

 

It really is then a matter of just writing to them saying that you no longer want their services and that you are formally terminating the contract in accordance with the terms of the T&Cs.

 

Regards

 

ims

[Doc2527]

Hi Ims

 

Thank you for your quick reply.

 

What is a reasonable length of time do you consider, for them to act ?

 

I notice under the T&C's:-

4. Governing Law

4.1 This contract will be subject to the laws of England and Wales

 

I don't live in England or Wales? (I live in Northern Ireland)

 

Here are their T&C's

Introduction

We want your decision to use iSmart to pursue your claim to be

the right decision for you. We are committed to providing a

professional, simple to understand and easy to use service. We

aim to be completely transparent in all our dealings with you and

these Terms and Conditions explain our obligations to you and

yours to us. They will be at the heart of our relationship, and our

contract with you, please take time to read them carefully.

We hope you are happy with our service, but if you should have

any reason to complain please do not hesitate to contact us. A

copy of our complaints handling procedure is available on our

website or by request.

Definitions

i-Sm@rt Consumer Services Ltd, trading as iSmart Consumer

Solutions (“ iSmart”), is a limited liability company and a third

party claims handler, regulated by the Ministry of Justice in

respect of regulated claims management activities Authorisation

No. CRM2506 and registered in England and Wales with No.

05238848 having its registered office at Turnells Mill Lane,

Wellingborough, Northamptonshire NN8 2RN.

"Services" means the services provided by iSmart including

assessing the viability of, preparing, submitting and negotiating

your claim.

“Compensation” means (but is not limited to) any one or more of

the following or a combination of them:

• a refund either direct to your bank account or by cheque

• a reduction of your loan balance

• a reduction of your arrears

"Fee" means the fee payable to iSmart for Services being 25%

plus VAT (currently at 20%) of any Compensation offered to you

or to us on your behalf. For example, if we obtain an offer of

£1000 Compensation, our fee would be £293.75 (inclusive of VAT

currently at 20%) .

“us” and “we” means iSmart or anyone to whom we transfer our

obligations and rights under this agreement.

“you” means you, the person(s) entering into this agreement.

1. By signing and returning the Letter of Authority in the claim

application pack you will:

1.1 Be accepting these Terms and Conditions and entering into a

binding contract;

1.2 Agree that the Compensation can be sent directly to us and

that we will retain our Fee before paying the balance of the

Compensation to you. Should the Compensation be paid direct to

you, or credited to an outstanding loan, bank account or credit

card, we will invoice you direct for the Fee which will become

immediately due and payable to us. If this Fee is not paid in full

within 28 days of the dated invoice we may commence debt

collection proceedings to recover the debt owed to us.

 

1.3 Agree to pay back to us any monies properly paid by us in

pursuing your claim; and

1.4 Still be liable for our Fee if any reasonable offer of

Compensation is rejected by you.

2. iSmart will:

2.1 Rely on the information and documents provided by you to us

as being true, accurate, and complete;

2.2 Use our reasonable endeavours to obtain Compensation for

the claims which are pursued;

2.3 Accept no liability for an unsuccessful claim or for the amount

of Compensation;

2.4 Promptly notify you if the claim is not to be pursued. We will

act reasonably in taking any such decision;

2.5 Promptly notify you of the outcome of the claim;

2.6 As soon as is reasonably practicable following the settlement

of a claim and the payment of any Compensation by the company

to us, pay you any balance of the Compensation after deducting

the Fee;

2.7 Keep you informed by post, telephone, emails and SMS

message about offers, products and services which may be of

interest to you. If you do not want us to do this please write to us

at: The Marketing Department, iSmart Group, Turnells Mill Lane,

Wellingborough, Northamptonshire NN8 2RN.

3. Cancellation terms

3.1 You have 14 days (which starts on the date you signed the

Letter of Authority) to cancel your authority, instructing us to act

on your behalf.

3.2 If you cancel the contract after these 14 days we reserve the

right to make a reasonable charge for the work undertaken in

pursuit of your claim.

3.3 If you withdraw a claim prior to Compensation being paid, but

after the claim has been lodged by us and upheld by the company,

you will remain liable for the Fee.

3.4 If you independently accept Compensation based on a claim

lodged by us and upheld by the company you will remain liable for

the Fee.

4. Governing Law

4.1 This contract will be subject to the laws of England and Wales.

Declaration

I/We confirm that I/we have read and understood the Terms and

Conditions (contract terms and conditions) and by signing the

Letter of Authority confirm acceptance of them and wish iSmart

to act on my/our behalf