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Belmont Thornton Court Order

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  • Belmont Thornton Court Order

    Can anyone offer some advice please???

    Back in 2011 I received a letter from Belmont Thornton asking if I had PPI, I thought as an easy option I would ask them to retrieve my PPI from Barclaycard. After months of waiting I called to chase and was told that Barclaycard had refused my claim as I was aware that I was signing for PPI.
    I accepted this after a colleague from Belmont Thornton told me it was a 'lottery' some win, some lose. Months later I was discussing this with a friend in banking who told me it was easy to make the claim myself and guided me to a money supermarket website where they had templates etc for these claims. I used a letter template and sent the claim to Barclaycard, receiving the same response, only I followed up the refusal with further communication resulting in a claim via the FCA. To cut a long story short, 18 months later I secured the refund of over £3,000 with the help of FCA. Within a week of receiving the letter I received a letter from Belmont Thornton asking for over £1.2k as the claim THEY made to Barclaycard was successful, I thought there must have been a mistake and called Belmont to tell them that they had actually not done any work in getting my refund and I will not be paying. I then received a letter offering me a reduced rate of 50%, again I rang to ask what they felt the money was for and they again claimed they got my refund for me, I asked how they managed that and they told me they wrote requesting it and I had signed to say I would pay whenever payment had been made, I disagreed saying I agreed to pay if they had done the work but they did nothing but write one letter, I had fought for nearly 2 years for the money on my own!
    A while later after receiving many letters for money I was issued a court summons, I wrote back to the court defending the claim as I felt Belmont had not earned their money. Today I have received a letter from the court saying that the case will be referred to the small claims track, I need to respond to this court letter within 14 days, is there anyone that can advise me of my rights here (if any) I thought it was a no brainer but Belmont have solicitors onto this?

    Many thanks - really concerned now
    Tags: None

  • #2
    Re: Belmont Thornton Court Order

    Their terms state (at 4.2) that they must notify you of the outcome of a claim which they appear to have done http://www.belmontthornton.com/terms-of-engagement.aspx



    A couple of questions:

    1) Do you have it in writing from BM that your claim was initially unsuccessful?

    2) After you were told your claim was initially unsuccessful (either verbally or in writing) did you receive any further communication from them?

    Comment


    • #3
      Re: Belmont Thornton Court Order

      Originally posted by EXC View Post
      Their terms state (at 4.2) that they must notify you of the outcome of a claim which they appear to have done http://www.belmontthornton.com/terms-of-engagement.aspx



      A couple of questions:

      1) Do you have it in writing from BM that your claim was initially unsuccessful?

      2) After you were told your claim was initially unsuccessful (either verbally or in writing) did you receive any further communication from them?
      Hi there,
      no, I received nothing in writing, only knew as I rang them and since that call I received nothing from them until they sent notification for their payment

      Comment


      • #4
        Re: Belmont Thornton Court Order

        How long was it between the call and payment notification?

        Comment


        • #5
          Re: Belmont Thornton Court Order

          Originally posted by EXC View Post
          How long was it between the call and payment notification?
          Without being specific as at work the time in between was about 19 months , I have got details of every call I have made, copies of every letter I have written and/or received

          Comment


          • #6
            Re: Belmont Thornton Court Order

            The Conduct of Authorised Persons regulations (at sec 18 attached) requires them to keep you informed of the progress of the claim, which they clearly haven't.

            Can you post up the particulars of claim and your defence (removing any personal details)?

            You can post up the files using the upload function http://www.legalbeagles.info/forums/...700#post431700 or just post the text.
            Attached Files

            Comment


            • #7
              Re: Belmont Thornton Court Order

              I will do this as soon as I get home tonight, many thanks for assisting me

              Comment


              • #8
                Re: Belmont Thornton Court Order

                Ok, one other thing: did you have any terms & conditions from BT other than the ones I posted the link to (http://www.belmontthornton.com/terms-of-engagement.aspx) ? If so it would be good to see them too.

                Comment


                • #9
                  Re: Belmont Thornton Court Order

                  No, only the initial firm I signed, this was something that cane through the post, I also have copies of that

                  Comment


                  • #10
                    Re: Belmont Thornton Court Order

                    Originally posted by jlione View Post
                    No, only the initial firm I signed, this was something that cane through the post, I also have copies of that
                    Hi there,

                    I will upload the claim from the claimant - I can not yet upload the defence as I submitted online and they have removed this but are sending me a hard copy in the post.

                    My defence was quite basic:

                    I have refused to pay Belmont as I believe they did nothing to warrant a high payment. I did ask them to assist in gaining my PPI back but after a call they informed me that Barclaycard had rejected my claim to reimburse my PPI payments. (Barclaycard had reimbursed my charges but not PPI)
                    I explained in my defence that after hearing the rejection, I contacted Barclaycard myself on 12th September 2011 - (3 months after the start of the request) to ask Barclaycard why I did not receive my PPI back, I was told that I signed up to PPI knowingly and as such my request was rejected - the same thing Belmont had told me.
                    I then took advice from friend who suggested some websites to look at - I did and appealed against Barclaycards decision, basically in my defence I stated that I wrote letters and made calls over a period of 19months before Barclaycard agreeing to reimburse my monies.
                    At no time during the period of June 2011 until May 2013 had I had any correspondence with Belmont. I received notification from Barclaycard on 16th May 2013 and then a request for payment from Belmont on the 23rd May 2013 asking for payment of £1,131.23.
                    I called Belmont and explained my reasons for not paying, they asked me to put my complaint in writing, then on 4th June 2013 I received a response offering a 50% waiver, a gesture I also refused and then I heard nothing until a court order fell through my door on 4th July 2014.

                    I should add - though just realised, in the claim Belmont are saying that I made an agreement to pay in monthly instalments - I at not time made any such claim, pure lies!

                    Also, as part of the claim pack, Belmont have enclosed a letter from Barclaycard and a breakdown of charge that only relate to the charges refund - nothing in the pack relates to the PPI claim - except the letter from Barclaycard detailing my refund and the initial signed form from me asking Belmont to do this work.

                    Hope this is enough information for you to assist - I have now recieved a letter from the court asking that this go to mediation or small claims track, I am not sure what the best route for me will be.

                    Glad of any advice you can give.
                    many thanks

                    Comment


                    • #11
                      Re: Belmont Thornton Court Order

                      We'd need to see the particulars of claim from BT really before doing anything else.

                      Originally posted by jlione View Post
                      then on 4th June 2013 I received a response offering a 50% waiver
                      Could you post up the text of this?

                      Also, as part of the claim pack, Belmont have enclosed a letter from Barclaycard and a breakdown of charge that only relate to the charges refund - nothing in the pack relates to the PPI claim - except the letter from Barclaycard detailing my refund and the initial signed form from me asking Belmont to do this work.
                      I'd also like to see all 3 of these.

                      Were the charges that Barclaycard refunded part of BT's complaint and did they charge you a fee for getting them refunded?

                      On the response to the court I think you should tick the mediation box but I'll ask someone to check first.

                      Comment


                      • #12
                        Re: Belmont Thornton Court Order

                        Hi there, I have attached all that you have asked for - I will add the defence also.
                        many thanks
                        Attached Files

                        Comment


                        • #13
                          Re: Belmont Thornton Court Order

                          Thanks

                          Sorry but can I see the complaint you sent to BT? I want to see how it tallies with the response.

                          Comment


                          • #14
                            Re: Belmont Thornton Court Order

                            There's no term in the agreement regarding monthly payments either (just checked in case that's where that had come from)

                            I can't read the small print on the authorisation form you signed.

                            The letter from the court you had, you mention that you have to reply within 14 days - is this simply the N180 Directions Questionnaire form?
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: Belmont Thornton Court Order

                              Originally posted by EXC View Post
                              Thanks

                              Sorry but can I see the complaint you sent to BT? I want to see how it tallies with the response.
                              Is there something else you would like me to upload? I can not find a copy of the complaint I sent in as this was in thier website as they asked

                              Comment

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