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Thread: Can the claims guy chase a ppi complaint without authority?

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  1. #1
    FunkyGibbon's Avatar

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    Default Can the claims guy chase a ppi complaint without authority?

    Sorry guys , I guess these ppi threads have been done to death now, but my story is this,

    Some time ago my wife got a call from the claims guys asking about ppi, she said yes and in a few days received a claim pack, you know the rest.

    She submitted her list of lenders on the request for information claim pack and waited, a few months passed and she received a letter from one lender saying that as she applied for the credit card and accompanying ppi online of her own free will that there was no case of missold ppi, please stay with me, it gets more interesting.

    So after that news she/we said oh well nevermind and forgot about it, now roll on 10 or 11 months she received a letter from the lender and a cheque saying she is due compensation under the none disclosure of commission ruling I think it was, today she has received a demand for payment of fees to the claims guys.

    The point which I'll get to now is, because of the oh well nevermind decision she made I we have 3 official complaint forms for the lender and 2 complaint forms for the FSO relating to that lender all unsigned and never sent, so no signed authority was given to the claims guy to pursue the claim, the decision came from the lender direct.

    Where do we stand on the fees? Should we ask the claims guys for a copy of the signed authority to proceed if they have it,.and I doubt they do

    Best regards

  2. #2
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    Default Re: Can the claims guy chase a ppi complaint without authority?

    @EXC ??
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    Default Re: Can the claims guy chase a ppi complaint without authority?

    Sorry have I done something wrong?

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    Default Re: Can the claims guy chase a ppi complaint without authority?

    Quote Originally Posted by FunkyGibbon View Post
    Sorry have I done something wrong?
    nope I was just tagging someone who may be able to help xx
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    Default Re: Can the claims guy chase a ppi complaint without authority?

    Ah ok thanks, I wondered if had pm'd rather than posted

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    Default Re: Can the claims guy chase a ppi complaint without authority?

    Hey xx

    HAve TGC just sent you an invoice for their 'commission' ( 36% including VAT ? )

    If you haven't completed a letter of authority for this lender I'd be a little concerned how TGC know you had a refund from the commission charges under Plevin ( court case that gave rise to these refunds ).

    The original form send back in the claim pack after the cold call, you wouldn't happen to have kept a copy ?

    I'll have a scoot about see if I can find one if you can tell me the year you think you signed up ? @EXC might know off the top of his head though when he comes online whether that first claim pack response counted as an LOA.

    Might have to send a SAR ( Subject Access Request Letter ) to TGC to get all the information.

    How much are you looking at ?
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    Default Re: Can the claims guy chase a ppi complaint without authority?

    Quote Originally Posted by FunkyGibbon View Post
    Where do we stand on the fees? Should we ask the claims guys for a copy of the signed authority to proceed if they have it,.and I doubt they do
    The Claims Guys terms & conditions are contradictory in terms of at what point the contract is stuck.

    But as a general rule of thumb the Legal Ombudsman, who has the final say in any complaint, takes the view that if a CMC didn't submit the complaint (claim) to the lender originally, the CMC cannot charge a fee for doing so.

    I would make a formal complaint to them on that basis and if they don't uphold it you can then go to the Legal Ombudsman.
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    Default Re: Can the claims guy chase a ppi complaint without authority?

    Hi, and thanks for your replaies

    Have TGC just sent you an invoice for their 'commission' ( 36% including VAT ?

    Yes they have, although it's not headed as an "Invoice" but a request for payment

    If you haven't completed a letter of authority for this lender I'd be a little concerned how TGC know you had a refund from the commission charges under Plevin ( court case that gave rise to these refunds )

    as far as im aware we only supplied lender and previous address information as requested in the claim pack, after Barclays defended the claim (but didnt close the door) we didn't pursue the claim any further despite receiving 3 more consumer questionares and 2 complaint forms for the financial ombudsman service all relating to the same Barclays account and were never sighed or sent by my wife

    TCG know the claim was successful because Barclays carbon coppied them the letter they sent to us.

    The original form send back in the claim pack after the cold call, you wouldn't happen to have kept a copy ?

    sadly not, we send them handwritten information which has been returned to us typed into a letter of authority to be signed and returned, ive so many bits of paper from them i dont know whats what now, as for the amount their asking for Ł1251.46 of Ł3476.28, yes she paid ppi for a long time.

    I'll have a scoot about see if I can find one if you can tell me the year you think you signed up ?

    we started this around sept-oct 2016, don't get me wrong im not trying to get out of paying them for services rendered, but after the initial no claim let down from Barclays we don't recall asking them to chase the claim, thats where the two complaint forms to the FOS come in, they are here with me unsigned, in my mind they've received the CC from Barclays and hope we'll just cough up
    @EXC "submitted a claim", when Barclays first contacted us with their initial decision it would have been TCG that made the claim based in the claim pack info we sent them, if that counts as submitting a claim i fear we're scuppered
    anyways thanks for your input
    Shaun

    now typed this twice, man i hate computers

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