Jump to content


style="text-align:center;"> Please note that this topic has not had any new posts for the last 257 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

 

I resppnded to a claims guys advert about finding out about PPI.

 

I know now that I could have done this myself etc, and in hindsight I would have researched more. Any to cut a long story short, the following has happened:

 

I filled in a questionaire about the providers i have used etc

 

I have had a response from Halifax, but I did not send a signed letter of authority. Halfix have now paid me circa 6k and the claims guys want 30% of this. I had no idea they were going to charge this much and was never told in advance how much their charges were.

 

I did however send a letter of authority for a black horse finance cliam that is still in progress so i have no idea how much is coming from that if any as yet.

 

 

I am trying to find out what my position is and what i can do about it as 30% is a massive amount to pay for something that I could hve done myself had I only researched it more beforehand, which i am obviously regretting now.

 

 

I am think of sending a letter in regards to the Halifax claim to the effect of:

 

---------------------------------------------------------

With regards to your recent letters

 

 

I had no idea your ask on this was 30% which is excessive in the extreme.

 

 

Therefore can you please provide evidence of the following:

 

 

What I have signed that states i agree to this 30% fee

 

 

That you explained to me that a 30% fee was applicable

 

 

That you informed me that this is something I could have done myself

 

 

Until you can supply the above evidence I am not in a position to consider any kind of payment.

 

---------------------------------------------------------

 

Any advice would be greatly appreciated

 

Regards

 

DJC

 

 

 

Share this post


Link to post
Share on other sites

30% thats low TBH.

typically after tax etc and fees it normally rolls in at about a 45% loss

 

I don't believe their letters of authority cover more that one bank.

 

sad thing is they'll take it from your black horse reclaim so you cant get out of it me thinks.

 

why not write and cancel the BH one and any other claims.

then see what happens

 

probably be just a few threat-o-grams

though we've seen a CMC claimforms issued here


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thanks for the replies.

 

 

@ honeybee13 - I don't know if the Questionnaire or the letter of authority determines a contract, if it is just the letter of authority, then no, if it is the questionaire then yes. :(

 

 

@ dx100uk - The letters of authority are specific to each claim (ie the halifax ones, they sent me forms for each of the finds (ie, credit card account, Loan account etc). Not sure what you mean by take it from my BH claim. I have been paid direct so unless you mean that I won't be able to challenge their charge then I'm a little unclear. Also what do you mean by the claimforms?

 

 

Basically if I refuse their 30% untilk they provide the evidence, am I in a good position or not? Do I make them an offer of 5% or something? I am aware they may start sending me their "scary letters" with big red writing on it saying I'll go to court etc, but I just want to be confident that these are empty threats and the legally I have to pay them and their is no way out.

Share this post


Link to post
Share on other sites

If they really didn't include a figure for their services – then the price is at large. The law is basically that where no price has been agreed, then a reasonable price will be implied. To my recollection, this comes from section 15 of the supply of goods and services act 1982.

 

I can scarcely imagine that they didn't include a figure. I shall be interested to see what they have said in response to your request for evidence that you agreed 30%.

 

Please will you post up a copy of whatever it was you signed on this forum.

 

In terms of whether a letter of authority amounts to the contract – yes, it can easily do so. I don't think this is a line of action worth pursuing.


Share this post


Link to post
Share on other sites

It always breaks my heart to learn about the huge number of people who have essentially thrown away huge amounts of money on doing something which is mainly so easy to do themselves – and with the kind of free help that we give on the Consumer Action Group, is extremely straightforward.

 

All our help is free of charge – we don't ask any money and if we get donations we consider ourselves lucky. As it happens, most people don't donate and don't even say thank you.

 

We helped one person to recover £64,000 once – and they gave us a donation of £50.

Do the maths.


Share this post


Link to post
Share on other sites

they kept that quiet....

 

there are a couple of claims guys threads here already with examples of the letters of authority I seem to recall.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

 

Excellent find...I have copied your post to a Stickie and tipped your scales.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

 

Yes, this is incredibly useful information. I don't really understand why it hasn't been made widely known by the authorities.

 

You say that it came in force in July. What is your source for this please?


Share this post


Link to post
Share on other sites

In respect of the OP's question about how much he owes The Claim Guys, when did you enter into the contract? If you entered into the contract after the regulations which have been posted above, then they are completely out of order and in fact I would argue that as they are effectively trying to impose an unfair term upon you, the entire term falls and is completely unenforceable.

 

Give us more information


Share this post


Link to post
Share on other sites

Hi guys

 

Many thanks for posting, some very useful information here and I appreciate it. I am sorry I haven't got back to the thread as I have been busy with work and the whole Christmas thing.

 

I have drafted a letter to send which based on my original draft but also now on the useful information you guys have put out there :)

 

If you can let me know if this the below reads ok or you think there is anything I need to add/remove/change it would be much appreciated.

 

I have scanned the relevant documents which I will post later as I need to spend a bit time to redact them before I can post.

 

Also, if you can let me know the best way about sending this as to be able to prove that I did, such as recorded/signed for delivery, sending a copy to myself at the same time etc. Also, if you think I should make a complaint as I have mentioned in the below letter.

 

================================

 

To whom it may concern

 

With regards to your letters dated XXXXX with relation to the references XXXXX

 

I had no idea your ask on this was 30% which is excessive in the extreme.

 

Therefore, can you please provide evidence of the following:

 

What I have signed that states i agree to this 30% fee

 

That you explained to me that a 30% fee was applicable

 

That you informed me that this is something I could have done myself

 

Why you are stating 30% when the Interim fee cap enforced on the 10th July 2018 that prohibits fees of more than 20%, exclusive of VAT, being charged for Payment Protection Insurance (PPI) claims. Even though I dispute that I have agreed to your fees, I find it hard to believe that you do not know about this legislation and as such have enclosed a copy of the Claims Management Regulation Interim Fee Cap Guidance document in case you somehow missed it.

 

Provide evidence that the charges you are applying are reasonable and provide me with an itemised bill setting out details reflecting the work undertaken and how the fees have been calculated.

 

Until you can supply the above evidence and information I am not able to consider any kind of payment.

 

In the meantime, I will pursue complaints with the financial ombudsman and the Ministry of justice about your withholding of information and flagrant disregard for the law

 

I also ask you stop calling me on my mobile and home telephone numbers or I will also add harassment to the complaint.

 

I wish you to no longer act on my behalf for any matter, so I hereby withdraw any permission for you to do so as stated by the law whereby you must permit a client to cancel a contract at any time. From my knowledge I have not signed any contract, other than the letter of authority for the Black Horse Finance claim which I did not realise was any kind of acceptance of these extortionate fees and feel I was misled into signing, and a claim which has not yet been confirmed for any kind of payment from said organisation. So unless you can prove I have signed a contract, then I am not willing to pay any charges, which should be limited to what is reasonable and must reflect work undertaken by your business, again a full itemised bill outlining any work you have done for any contract I may have unwittingly signed and how the fees have been calculated.

 

I also enclose a cheque for £10 as payment for my request for any personal data you hold on me, such as telephone recordings and any documents pertaining to me personally that you hold.

 

Yours sincerely

 

XXXXXXX

=============================================

 

Again, thanks for the support, guidance and information

 

Many thanks

 

DJC

 

PS this is the document I will print off and send with the letter

Share this post


Link to post
Share on other sites

stop being clever

attach it as a pdf read upload

 

no I don't think that letter meets the required standards

 

let s see all your docs received first them we'll decide

 

one multipage pdf ONLY please read upload.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hi DX

 

Thanks for the reply.

 

I have attached the sanitized documents.

 

Page 1 - This is the questionaire about one of the Hlaifx claims, this is side 1 and the same as for the other 3 claims. This came with the letter of authority (pages 3+4) for each claim. They called me and I answered the questionairre detail over the phone so i never actually sent these questionaires or signed letters of authority back to TCG.

 

Page 2 - This is page 2 of the questionaire, as above I never sent these back as completed over the phone.

 

Page 3 + 4 - The first page and second page of the letters of authority that I never returned to TCG.

 

pages 6 - 10 - These are the request for payment letters for each of the 3 claims.

 

As I mentioned before i did sign and send back an LOA for the Black Horse Fince claim, I have received a questionairre from them which I have not yet filled in and returned, I do not want to do so until I know where I stand with that and TCG.

 

What I would like to know is that as the letters of authority, which I know now have a detail of the charges on the back, state these charges over 30% and I received / signed after the date of enforcement (10th July 2018) of the Interim fee cap of 20%, then does this not make any contract based on this form illegal and therefore null and void?

 

Kind regards

 

DJC

TCG_1a.pdf

Share this post


Link to post
Share on other sites

I haven't read through the whole document and so I haven't noticed if a fee was agreed. However, I do see the document was signed in October and this is well after the Financial Guidance and Claims Act came into force in July - assuming that is correct.

 

All the evidence is that they are not entitled to charge this level of fee on contracts entered into after July. In that case I would say that not only is this fee void and unenforceable but also even if they try to levy 20%, that would also be unenforceable until they demonstrated to you that what they had done in order to recover your PPI really amounted to that value of work.

 

You are entitled to demand a detailed schedule of work.

 

I have to say that my own view is that because they have tried it on, then the entire term relating to remuneration becomes unenforceable and they wouldn't even be entitled to resurrect it on the basis of a merely reasonable fee. I don't know if you want to go that far.

 

I would suggest that you write them a letter immediately and tell them that you are aware of the new regulations implemented by the Financial Guidance and Claims Act - and can they explain why they are purporting to levy a charge well over the statutory 20% cap - and in any event well over requirement of the Act that CMC PPI reclaim fees should reflect a reasonable rate for the work which has been carried out.

 

Tell them that in addition to their explanation you require to see a complete detailed schedule of the works that they have carried out for you including copies of all correspondence sent and received relating to you and your claim and also any internal correspondence and they should take this to be a statutory demand under the Data Protection Act.

 

I should send this letter off immediately – recorded delivery.

 

Let's see what they say

 

And by the way, regardless of your other commitments, if you want proper help on this forum then you need to engage with this thread. If you were paying us the same kind of money might have been prepared to pay to a CMC to recover your PPI, then I'm sure that your priorities would be suddenly much more focused than they are.


Share this post


Link to post
Share on other sites

You also don't have to send £10 for a SAR anymore, it's free now under GDPR rules.

Share this post


Link to post
Share on other sites

Hi Bank Fodder.

 

Thanks for the response.

 

I will send today the below:

 

--------------------------------------------

To whom it may concern

 

With regards to your letters dated ********* with relation to the references *********

 

Can you please provide evidence of the following:

 

What I have signed that states I agree to this 30% fee.

 

That you explained to me that a 30% fee was applicable.

 

That you informed me that this is something I could have done myself.

 

Also, can you explain why you are purporting to levy a charge well over the statutory 20% cap - and in any event well over the requirement of the Act that CMC PPI reclaim fees should reflect a reasonable rate for the work which has been carried out.

 

In addition to the above I require you to provide me with a complete detailed schedule of works that you have carried out including any correspondence sent and received relating to my claims and any internal correspondence.

 

Yours faithfully

 

*********

 

Please let me know if you think this is ok.

 

Again, really appreciate the support on this :)

 

Regards

 

DJC

Share this post


Link to post
Share on other sites

its clearly in the T&C's of that letter of authority that they can charge you WHEN PPI was identified as being there...

but that applies only to the Black Horse Loan PPI

NOT the Halifax

there is no 'if you sign this..then we may charge on all/any claims we manage etc'

 

so no contract / authority was signed at all for this Halifax reclaim..they cant charge a penny. as you did not return the form.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thanks DX.

 

So where it says they can charge you when PPI was identified as being there, as I never engaged with them until well after 10th July 2018, I take that for the black horse finance claim they are still bound to the 20% cap and to also provide evidence that this 20% of whatever that payment will be should reflect a reasonable rate for the work which has been carried out?

 

In terms of the Halifax claim, I am not sure if I specifically said to them that I am happy for them to act on my behalf (I was shopping in Aldi when they called, and they fielded a lot of questions) so if I did where do I stand on that? I know for a fact they did not read out any terms and conditions or the amount of any fees, but I could have well agreed to them acting on my behalf over the phone.:-(

 

Regards

 

DJC

Share this post


Link to post
Share on other sites

I'm sorry I don't think the letter works at all.

 

Dear Sir/Mdm

 

Reference number

 

I'm writing to you concerning your fee claim for 30% of the money which has been refunded to me by way PPI.

 

I notice that the Financial Guidance and Claims Act 2018 which came in force earlier this year makes it very clear that you are only entitled to charge reasonable fees which properly reflects the level of work that you carried out. In any event this is subject to a 20% maximum.

 

Please could you explain to me the basis on which you are now seeking to claim 30% and how this squares with the new legislation.

 

Additionally I see that under the new legislation I'm entitled to receive from you a full breakdown of all the work which was carried out on my behalf.

 

Accordingly please will you let me have details of all the work carried out including copies of correspondence which passed between yourself and the lender. In addition to this I also would like to provide me with all copies of any personal data you hold on me in any form including correspondence, internal notes, screen notes, internal correspondence and relating to any matter concerning me.

 

This is a subject access request made under the Data Protection Act and so in respect of this request you have 30 days to comply.

 

Yours faithfully

 

 

I suggest that you do with one issue at a time. Don't make it too complicated for them. See what they have to say in respect of the Blackhorse PPI. Deal with the Halifax afterwards and separately.

 

At this point I would make no mention whatsoever of it.

 

Come back here when you get a reply. Please don't hang around in future. We have things to do as well.


Share this post


Link to post
Share on other sites

Hi BanFodder

 

Thanks for this, I will get this letter out ASAP recored delivery and let you know the outcome.

 

The only thing I would say is that there is no mention here of my querying that I have actually signed and returned any kind of contract to them whereby I agreed to their fees in the first place. Should I not mention that in this letter as it sounds like I am accepting that I have agreed to their fees, just disputiing the ammount.

 

Regards

 

DJC

Share this post


Link to post
Share on other sites

Does this sound OK?

 

Dear Sir / Madam.

 

I'm writing to you concerning your fee claim for 30% of the money which has been refunded to me by way of PPI

 

Firstly, I do not have any recollection of signing any contract whereby I agree to your fees.

 

Secondly, I notice that the Financial Guidance and Claims Act 2018 which came in force earlier this year makes it very

clear that you are only entitled to charge reasonable fees which properly reflects the level of work that you carried out.

In any event this is subject to a 20% maximum.

 

Please could you explain to me the basis on which you are now seeking to claim 30% and how this complies with the

new legislation.

 

Additionally, I see that under the new legislation I'm entitled to receive from you a full breakdown of all the work which

was carried out on my behalf.

 

Accordingly, please will you let me have details of all the work carried out including copies of correspondence which

passed between yourself and the lender. In addition to this I also would like to provide me with all copies of any personal

data you hold on me in any form including correspondence, internal notes, screen notes, internal correspondence and

relating to any matter concerning me.

 

This is a subject access request made under the Data Protection Act and so in respect of this request you have 30 days to comply.

 

Yours faithfully

 

 

Regards

 

DJC

Share this post


Link to post
Share on other sites

If we are right and the regulations came into force before the date of this contract, then the contract is generally unenforceable, in my view.

 

Just send the letter as it is.


Share this post


Link to post
Share on other sites

I just noticed your amendments to my suggested letter. It's completely up to you of course, but I'm afraid that phrases such as "I do not have any recollection…" Suggest very strongly that you're not really sure of your ground and you don't really have the confidence that you need in order to send a letter such as the one I have proposed.

 

Do yourself a favour – just accept what we have said in terms of the letter and send it - untouched.


Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...