Claims Guys want Fees regarding PPI reclaim - no contract **WON**

[MurielB]

Dear Sir/Madam

 

I hope that I have put this in the right place and apologize if I have not. I am new here so thank you in advance.

 

Some time ago I saw an advert for the Claims Guys which said that they would find out if I had PPI

and if I did they could claim it or I could do it myself.

I thought that this was fair enough, that they could find out if I had PPI and I could do it.

 

They sent me heaps of paperwork.

I filled in three questionnaire about my bank details etc.

Black horse contacted me direct on the phone and questioned me about my mis sold PPi which they refunded.

 

Then the Claims Guys rang me regarding the loans at Barclays.

They were on the phone for ages and I kept saying that could I not do it myself?

The man from TCG got rather disgruntled and said that we had spent 40 minutes of his time

and pressured me into agreeing.

He then told me I had 28 days to cancel.

He told me to sign and return the paperwork which I did not do.

 

Barclays paid up very quickly and immediately the Claims Guys were telephoning me asking me to pay by Credit Card asap over the phone.

Their tone was increasingly aggressive.

 

I told them about the 28 day cancellation period and they said it was 14 days.

I asked them to send me the transcript and they sent me an earlier conversation in March

which did not mention the 28 days, it was the wrong conversation.

The conversation I had lasted well over 40 minutes.

 

I have picked over the terms and conditions of the Claims Guys and it looks to me that any valid agreement should be confirmed in writing.

There is no verbal agreement.

 

Since then I have about 8 calls and texts a day at all hours and I do find this threatening.

 

Can anyone give me some advice as to how I should proceed? Thanks you.

[king12345]

Block the number and forget about them

[MurielB]

Thank you. They are constantly demanding their money but I have not signed anything.

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[BazzaS]

"I filled in thee questionnaire about my bank details etc."

Did you return the paperwork to TCG? or direct to the bank(s)?

 

Will TCG be able to claim they undertook work on your behalf, at your request?

(A verbal contract remains a contract, albeit one that may be harder to evidence ......)

[dx100uk]

if you didn't agree with them on the phone to carry out any work for you.

then tough luck to them.

[MurielB]

I sent the questionaire to TCG.

[dx100uk]

ah not good then.

 

 

dx

[MurielB]

The questionnaire was a general one where I listed all the loans/credit cards etc which I had held

 

TCG have been texting me all day saying my payment is severely late and threatening further action. I did fill in the questionnaire they sent me. However I never signed any authorization papers. To be honest I don't want to answer the phone as their tone is so aggressive

[AndyOrch]

If they do wish to take it any further...you may find the following thread of interest.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?459359-Claimform-unpaid-BELMONT-THORNTON-PPI-fees-***Settled-by-Mediation***&highlight=Claims+Guys

 

Andy

[MurielB]

 

Thanks for that.

It was good to read.

 

I have tried to scan the original Letter of Authority which I did not sign

. It has in large letters MUST BE signed (and dated).

 

The Claimes Guys never asked me if I wanted to do things myself but grilled me on the phone. I haven't signed anything so should i just dismiss it?

Thanks.

[AndyOrch]

I would dismiss everything.....and wait and see if they wish to issue a court claim

[MurielB]

Thank you. It is a weight off my mind

[BazzaS]

 

Thanks for that. It was good to read. I have tried to scan the original Letter of Authority which I did not sign. It has in large letters MUST BE signed (and dated). The Claimes Guys never asked me if I wanted to do things myself but grilled me on the phone. I haven't signed anything so should i just dismiss it?

Thanks.

 

Interesting one.

It will boil down to "was there a contract between you and TCG?".

 

For 2 parties (both being competent and able to form a contract), a contract exists if there is

a) offer

b) acceptance of that offer

c) consideration (something of value offered by each side), and

d) "intent to form a legal relationship"

 

TCG will say you accepted their offer, and intended to form that relationship, evidenced by you returning the questionnaire to them.

You'll say you never intended to form that relationship, as you didn't intend that when you returned the questionaire, since your intent was only to form the relationship by signing and returning the form, which (in the event) you decided against .....

 

Did TCG actually do anything on your behalf?. If not, you could argue that you never gave your consent AND got no consideration .......

[MurielB]

Hi there.

 

The only form I signed was the initial one where they asked me to list any loans etc that might have PPI.

 

After that I didn't sign anything else as the Claims Guyys in their ad clearly stated that they would find out if I had PPI and then the choice was mine to go with them or do it myself

 

. I now find their ad very misleading as I was hounded by them afterwards

 

. I think the lesson I have learnt is to steer clear of companies like this

and make an effort to do things myyself.

 

I havve found this forum very very helpful and I thank everyone.

[BazzaS]

Get a copy of that ad printed out (and saved)!.

You can rely on it to show that you never intended to create a contract with TCG, and see off any claim otherwise based on the form you did return to them.

[MurielB]

Doing right now! Thank you !

[cjcregg]

The Conduct of Authorised Persons Rules expressly state that a CMC cannot levy a charge until a contract is signed - see page 9 section 11 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/380623/CMR_Conduct_of_Authorised_Persons_Rules_Oct14a.pdf

 

 

Rather than just dismiss everything and hope they go away you should make a formal complaint which if rejected enables you to go to the Legal Ombudsman.

[MurielB]

Thank you I have now made a letter of complaint to TCG. I will let you know their response.

[MurielB]

I e mailed my complain to the TCG's e mail complaints address yesterday.

 

I got no response but they sent me a text threatening legal action if I do not pay them within seven days.

 

I sent the same e mail this morning and once again no response.

 

I have now written a letter to post.

 

They seem to have chose to ignore my e mails so I will give this a go.

[AndyOrch]

All pointless I'm afraid...you really are wasting your time and can only refer you back to my post #13.

[cjcregg]

It would be a good idea to send the complaint by registered mail so you are covered.

 

 

The MOJ's complaints handling rules require CMCs to acknowledge complaints within 5 business days and to issue a final response in 8 weeks https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/387882/CMR_Complaints_Handling_Rules_2015_WEB.pdf

 

 

If TCG do not comply with the requirements (or do and issue a final response within the 8 weeks that you're not happy with) you can then go to the Legal Ombudsman. In fact you can call them at any point, they're actually very helpful - 0300 555 0333

 

 

 

 

 

 

 

 

 

I e mailed my complain to the TCG's e mail complaints address yesterday.

 

I got no response but they sent me a text threatening legal action if I do not pay them within seven days.

 

I sent the same e mail this morning and once again no response.

 

I have now written a letter to post.

 

They seem to have chose to ignore my e mails so I will give this a go.

[cjcregg]

All pointless I'm afraid...you really are wasting your time and can only refer you back to my post #13.

 

 

Doing nothing and waiting to see if they issue proceedings isn't a good strategy.

 

 

The strength of MurielB's position is that it is a regulatory requirement for CMCs to have a signed contractual agreement before they can charge but regulatory rules are not actionable in court by a private individual and so cannot form the basis of a defence.

 

 

However the Legal Ombudsman is required to take CMC's regulatory obligations into account when adjudicating complaints, so it's much for MurielB to have the Legal Ombudsman settle this dispute rather then a court.

[AndyOrch]

Doing nothing and waiting to see if they issue proceedings isn't a good strategy. The strength of MurielB's position is that it is a regulatory requirement for CMCs to have a signed contractual agreement before they can charge but regulatory rules are not actionable in court by a private individual and so cannot form the basis of a defence. However the Legal Ombudsman is required to take CMC's regulatory obligations into account when adjudicating complaints, so it's much for MurielB to have the Legal Ombudsman settle this dispute rather then a court.

 

Time will tell.....

[MurielB]

Hello again.

 

 

After receiving no response to my e mail (and getting a text threatening action the same day)

I posted my complaint recorded delivery.

 

 

A week later i received a posted reply from The Claims Guys who said they were responding to my e mail.

No mention of receipt of recorded letter!

 

 

My complaint was carefully worded.

 

 

wrote that they had conducted a thorough investigation into my complaint.

stated that they accepted that I felt pressured and that it is no way the CG intention 'to pressure our customers into allowing us to complete claims on their behalf'

 

go on to say that' I completed the questionnaire over the phone and verbally authorized TCG to conduct claims on my behalf'

 

 

they have reviewed the call made on 18/05/16 and 'accept that it is not up to our usual quality standards'

 

"We accept you haven't returned the Letters of Authority sent with our questionnaires.

However they were not needed as you had already given us your verbal authority to proceed."

they are disputing the need for a written consent.

 

"WE are sorry if you are unhappy with our payment requests.

In line with our Terms of Engagement our fee becomes due and payable at the point of offer

 

 

We wish to reach a swift and amicable resolution to your complaint

and I can therefore confirm that we are willing to reduce the current outstanding balance on your account by £50%.

 

 

We feel this is fair and reasonable under the circumstances.

With the reduction applied we can confirm there is currently an outstanding balance of £679.34.

 

this their final offer and if I remain unhappy

 

 

I| can refer my complaint to the financial Ombudsman within 6 months of the date of this letter.