Consumer refund service Claim form - PPI refund Fees - but I cancelled their involvement and did it myself ***Claim Discontinued***

[paulhn757]

Hello, looking for some advice regarding fighting a court claim please.

 

A few years ago I made a ppi claim using this company, this was before I learned how easy it was to do it yourself.

 

Long and short of it is they took so long I wrote to them and told them not to bother as it was taking so long, and I started a claim myself, which was successful.

 

I have now received court papers from consumer refund service saying I owe them their cut of the claim.

 

Unfortunately I don't have proof of the letter I wrote them cancelling the original claim as it was on an older pc which died.

 

Is it worth me trying to defend this or am I likely to end up with even more costs?

 

THe amout they are claiming is £400 plus court costs

 

Thanks in advance.

[unclebulgaria67]

Courts papers come from a Court. Is that what you meant ?

 

If you have received a Court claim, please post up the particulars of their claim.

 

Are they just testing their luck, you do not defend ?

 

Your defence is that they did not provide the service and you cancelled, deciding to pursue it yourself.

 

Doubt they would go to Court, if you entered a defence.  They would have to prove they are due the £400.

[paulhn757]

Thank you. Yes they are papers from a court. I will try and post a picture later

[dx100uk]

dont need the claimform other than the first page

 

please read and complete this:

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group

 

dx

 

[paulhn757]

Which Court have you received the claim from ? MCOL Northampton

 

Name of the Claimant ? Consumer refund serice

 

Date of issue – 1/6/22

 

Particulars of Claim

 

What is the claim for –

 

1. The claimants claim is for unpaid fees which have arisen for services supplied by the claimant to the defendant at the defendants request over a claim with Black Horse finance.

 

2. The defendant entered into a contract on 28/3/2019 to identify the mis-sale of ppi with the lender

 

3. The contract with the claimant requires that the defendant settles invoices within 14 days of the receipt of compensation

 

4. The claimant recovered total compensation over the aforementioned case paid directly to the defendant in the sum of £1654

 

5. Despite numerous attempts to secure settlement of the outstanding invoice no payment has been forthcoming

 

AND as such the claimant claims the total sum of £397 plus interest under section 69 of the county courts act 1984 at a rate of 8% per year from 4/9/22 to 31/5/22 on £397 and also interest at the same rate up to the date of judgement or earlier payment t a daily rate of £0.09

 

What is the total value of the claim? £470
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No, I have received a couple of begging style letters from them, but nothing very official, and certainly not sent recorded delivery
 

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? PPI REclaim Fees
 

When did you enter into the original agreement before or after April 2007 ? after
 

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

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 creditor
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no
 

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? I asked them to cancel the contract so I could pursue it myself due to the time they were taking
 

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

Was there a dispute with the original creditor that remains unresolved? no
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
 

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
...

 

.

 type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[The GodMother]

Did you receive anything from the PPI company regarding the claimant and did the claimant actually get you the PPI back 

[dx100uk]

no they did it themselves directly after cancelling the contract.

 

dx

 

[The GodMother]

I know that but the claimant is stating different hence why l asked if they got anything from the claimant saying we got your money back.

 

Is the claim number different to the claim number from the PPI people. 

[dx100uk]

same as all these PPI fee claims.

 

the claimant is a CMC, they will claim the defendant signed a letter of authority, for them to act. they are then also bound by their T&C's.

 

those T&C's will state that if the defendant gets the money directly from the original creditors, their fees and their cut are still due, even if you write to cancel.

 

 

[paulhn757]

Thank you for your help, I'll get onto that this evening.

One quick question before I do, what would be the likely worst case scenario financially if I defended it and lost?

[dx100uk]

a ccj

 

but you wont lose if you do things properly.

 

dx

[paulhn757]

So am I right in thinking the court can't add any more costs on, £470 is the most I could be liable for, and if they did find against me and I paid the £470 within one month the ccj would be erased?

[AndyOrch]

Yes

[Ethel Street]

1 hour ago, paulhn757 said:

...and if they did find against me and I paid the £470 within one month the ccj would be erased?

 

FYI

 

County court judgments for debt: CCJs and your credit rating - GOV.UK (www.gov.uk)

 

[paulhn757]

Question about the CPR31.14 request form. There is no solicitor mentioned anywhere on the claim, so do I just send it to the claimant?

Also there are no documents mentioned in the particulars of claim, what should I be asking for, just the original agreement?

THanks again in advance

[dx100uk]

yes./

just send it as is, they know the game.

 

dx

[AndyOrch]

Quote

4. The claimant recovered total compensation over the aforementioned case paid directly to the defendant in the sum of £1654

 

I would add a line to CPR 31.14 to challenge the above and ask that they disclose the relevant document that supports that statement IE the invoice/calculations that they sent to Black Horse Finance. 

 

 

 

.

[dx100uk]

might be useful.

 

 

[The GodMother]

Following on from Andys post ask for Proof they got the money for you and proof that you could not have claimed this yourself. 

 

 

[dx100uk]

On 05/06/2022 at 08:12, paulhn757 said:

Long and short of it is they took so long I wrote to them and told them not to bother as it was taking so long, and I started a claim myself, which was successful.

 

On 06/06/2022 at 14:52, dx100uk said:

the claimant is a CMC, they will claim the defendant signed a letter of authority, for them to act. they are then also bound by their T&C's.

 

those T&C's will state that if the defendant gets the money directly from the original creditors, their fees and their cut are still due, even if you write to cancel.

 

[cjcregg]

You need to dig out (or obtain) the settlement offer and any other paperwork from Black Horse to demonstrate that the bank was dealing solely with you and with no reference to Consumer Refund Service.

 

The date you received the PPI refund is also crucial as according to the FCA register, Consumer Refund Service Ltd were required to cease carrying out claims management activity, effective 17 April 2020.

 

See under 'Winding up of claims management activities' 

NewRegister

REGISTER.FCA.ORG.UK

 

 

You mentioned that they took a long time dealing with the claim and citing that as the reason you cancelled. If prior to that they didn't keep you informed about the progress of the claim every 6 months they were in breach of their regulatory obligation to do so. See CMCOBS 6.1.9 

CMCOB 6 - FCA Handbook

WWW.HANDBOOK.FCA.ORG.UK

 

[The GodMother]

I know what the OP has put Dx its just that the claimant has said they got it for him. 

 

Putting the claimant the money was only paid out due to them getting it for the OP or even the initial contact from the claimant would be necessary IMO. 

 

[paulhn757]

The cpr 31 request has been sent, so waiting on anything to come back from that now. Do I go ahead and file a defence yet or leave it until nearer the deadline?

[The GodMother]

leave it till nearer the deadline tho feel free to start drafting something