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The Financial Repayment Service CMC claimform - PPI reclaim fees

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I am in dispute with a company re a debt. 

They sent me a PAP letter on 5th September to which I replied asking for certain documents, I have receipt of posting from 25th September. 

 

I have never received the documents I asked for.

Now I aren't sure what to put on the claim form.

Please advice

 

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Type of debt ?  Which Creditor or DCA ?

 

Andy


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Unpaid claim management fees.

In house solicitors

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So they didnt respond to PAP and then issued a court claim against you and your ready to submit a defence ?  


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Well you will have to provide all the details of the dispute.....the details of their claim (particulars of claim) date of claim.

 

We cant advise on a defence without knowing what its all about...a bit like you asking whats the answer to this question and not telling us the question.


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In June 2013 we contacted the Financial Repayment Service in Blackpool re Mis Sold Mortgage.

They contacted us vie telephone saying we had a PPI of £7000 plus we could claim on.

At the time they were told we thought we had already claimed via FSCS

 

Their claim is for unpaid claims management fees of £641.84. 

Our dispute is they have failed to act in accordance with the FCA

 

Since June 2017 we have had 7 written updates, of these 1 refers to a pension claim and 4 refer to my complaints to the company.

(I had complained via telephone and then again in writing June 2018 & again Nov 2018  about the failure to update.

 

During a telephone conversation in June 2018 , again said I thought we had already claimed via the FSCA when I was told I was not listening and that was their preferred course of action and they would tell us if we had.

I was promised regular updates.

 

In Nov 2018 I again complained as I had not had any updates, and again in a written letter to ourselves was promised updates.

This was the last we heard from The Financial Repayment Service 

until the  invoice dated 4th June 2019.

 

We received a letter from the FSCA on the 4rd January 2019 from the FSCA saying we had already been paid and a copy letter was sent to The Financial Repayment Service.

 

Nearly 10months later we eventually heard about the outcome of the FSCA in letter dated 10th October 2019. 

After receiving the claim form.

 

We originally contacted the Financial Repayment Service in Blackpool due to the amount of fees Acenden were adding to our mortgage and these people advertised they could help. (seems like they were only interested in the PPI) 

 

One of the 2 letters we received referred to Pleven, but during the telephone conversation in June 2018 was told the preferred course of action was to go to the FSCA and again I said I thought we had claimed but "was told I was not listening"  this upset me and left them to get on with it.

 

Acenden took us to court for possession at the beginning of this year.

They did not succeed and withdrew after I sent the completed form to Acenden for them to pay the redress to the mortgage account this was after 4 months of waiting for The Financial Repayment Service to contact me as to the next course of action.,

hence no further arrears.

 

When I received the PAP I replied outlining all of the above plus they charged more than the 20% plus VAT

the FSA say they are allowed to.

 

I also asked for copies of the telephone conversation and a copy of the signed redress form sent to Acenden which I know they do not have. I also have proof of postage 

 

Hope that all makes sense

 

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Any comments /help would be greatly appreciated please

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hi ya

please complete this:

 

 

 


..

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Name of the Claimant The Financial Repayment Service Ltd.

 

Date of issue – 17/10/19 

 

Particulars of Claim

 

What is the claim for – 

1.Unpaid claim management fees in accordance with the attached invoice in the sum of:- £641.84.

Interest pursuant to Section 69 of the County Courts Act 1984 at 8% per annum amounting to the sum of £0.14 per day from 5th September 2019 until 11th October 2019 amounting to £641.84 + £5.18. Continuing interest at £0.14 per day from the date of issue until judgement or sooner payment

 

 

What is the total value of the claim? £647.02

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address? N/a


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No

 

When did you enter into the original agreement before or after April 2007 ? No

 

Do you recall how you entered into the agreement...On line /In branch/By post ? by telephone

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? NO

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/a

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No

 

Why did you cease payments? N/a

 

What was the date of your last payment? N/a

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes

 

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Date top right of claimform please

Name of claimant..not defendants

Are you saying there are 2 defendant s named?


..

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Top right of claim form there is a sticker with CCMCC17/10/2019 & F30YM429

 

Claimant is The Financial Repayment Service Ltd.

 

Yes 2 defendants 

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you each need to do everything 

AOS 

CRP

file defence. by day 33


..

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I have submitted via email acknowledgement of service. Both claim  forms are exactly the same with same particulars on each and only one response pack

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why not use mcol to AOS etc etc that's what it is there for?

 

unless these claimforms came from Salford court?

 

you each HAVE to duplicate everything.


..

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CCMCC17/10/2019 & F30YM429  Is possibly Salford 


We could do with some help from you.

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

 

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Yes it is Salford. No  defence pack password to use MCOL. 

 

Are you saying I need to send another acknowledgement of service even though the claim forms are exactly the same? and if so where do I get another response form

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Should be downloadable from Salford court website??

 

If the claim form numbers are different you must ack each claim.etc  I believe


..

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No they are both the same

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well I wouldn't chance it

poss Salford work diff to northants.bulk

 

why not ring them and check tomorrow?

 


..

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Yes you are correct. I spoke to northants & yes we do have to each file so done that today. Not sure if I aren't too late. The date of service was 22nd October. Filed one on the 30th October & the other today

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you'll be ok

litigant in person [joe public] are allowed certain leeway.

 

do you still have written proof of the old FCSC payout in writing.

and that you told/fwded TFRS this?

 

should be a walk in the park if you did

as they cant claim fees on a payout before they were involved

nor

on one that didn't exist as it was already settled.

 

don't forget  defence filling date is by the 18th giving postal time too.

 


..

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Thank you. 

 

Yes still the letter from January of this year. 

Can I just put my defence in my own words. I want them to produce the 2 documents I asked for in the PAP 

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sent the sols this today

adapt to suit.

 

there are a few CMC fees claimform threads here with defences to base things upon

but post yours up here in good time for checking


..

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This is exactly what it says on the claim, which I believe are vague :

Brief details of claim

 

Unpaid claims management fees in accordance with the attached invoice

 

Please can someone check over our defence.

Any hep comments greatly appreciated.

 

The Defendant contends that the particulars of claim are vague

 

1. it is denied that any amounts are due under any contractual agreement.

 

On receipt of this claim We requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 7th November 2019.

 

To date we have not received the requested information.

 

Therefore with the court’s permission the Claimant is put to strict proof to

 

a) show and disclose how the Defendant owes the amount in the claim;

  • reference S-1002591 from the FSCS confirming the rejection.

  • Letter from the claimant dated 8th October 2019 confirming the above

  •  

b) show and disclose how the Claimant has reached the amount claimed for;

 

c) provide a copy of the agreement and Terms and Conditions;

 

d) provide copies of telephone conversation with Michael Cooper 10th July 2019 and 1st November 2019

 

e) copy of the signed acceptance form for any redress from Eurosail

 

(a, c, and d, requested in the Pre Action Protocol returned to the claimant solicitor/director on the 25th September 2019)

 

2. As per Civil Procedure Rule 16.5 (4) it is expected that

the Claimant prove the allegation that the money is owed.

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