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    jo901288's Avatar

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    Default ** SORTED ** Legal advice on claims management company

    Hi I used a claims management company (Goldsmith Williams) to claim ppi refunds. They were successful in most claims. However one of the Welcome loans I had wasn't due to them considering going into administration (they confirmed they would have paid out in the circumstances). The letter I received from the claims management company confirmed that, as the ppi was taken out in Oct 2002 and the FSCS will only review policies sold after Jan 2005, they have been unable to assist me (and the retainer is at an end and I was free to instruct another company to deal with it or pursue it myself). However I received an offer from Welcome who are now dealing with all claims direct. The claims management company emailed me and I replied that, as I was released from them, I would handle it myself (as I had already contacted Welcome several times for updates). I received the reply below:

    "We advised that we were unable to take your claim any further under the FSCS rules who sent the attached final response were the point of contact at the time. Now that Welcome Finance are dealing with the final resolution, (who we contacted initially)!we are able to proceed on this basis, therefore your fee and our involvement does still stand due to the contingency fee agreement signed by you. Welcome Finance have contacted us with the final offer as we are still involved on the claim."

    Can someone please advise if I have to resolve it through them (and pay 33% fees)? Bearing in mind they released me and advised I could use another firm. There was no mention in their letter that their services would be reinstated should Welcome deal with the claim direct. Also they advised that I only got this result because of them, however I contacted Welcome initially and got my account numbers (which I provided to the claims management company) therefore the outcome would have been the same. Sorry for the long explanation and hope someone can advise me.

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    Default Re: Legal advice on claims management company

    A couple of questions:

    The letter I received from the claims management company confirmed that, as the ppi was taken out in Oct 2002 and the FSCS will only review policies sold after Jan 2005, they have been unable to assist me (and the retainer is at an end and I was free to instruct another company to deal with it or pursue it myself).
    Do you have this letter and could you post it up? Redact any personal info.

    Also do you have and could you post up the contingency fee agreement?

    I like your pin shot
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    Default Re: Legal advice on claims management company

    Hi I have got a picture of the letter and agreement but not sure how to put them on here (sorry it's the first time I've posted on here). Can you please advise? Many thanks

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    EXC's Avatar

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    Default Re: Legal advice on claims management company

    At the bottom of the 'Quick Reply' box click 'Go Advanced' and click the paper clip icon at the top.

    There's a full guide here http://www.legalbeagles.info/forums/...r-details-safe!)

    If you're struggling let me know and you can e-mail them to me.

    I like your pin shot
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    Default Re: Legal advice on claims management company

    Hi EXC I'm really sorry I can't see the paperclip icon (the text is all over the place ... probably because I'm using my phone). Could I please email them to you? Thanks for your help

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    Default Re: Legal advice on claims management company

    I've sent you a private message with my e-mail. Just refresh the page to get notification of it.

    I like your pin shot
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    And when you smile for the camera
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    Then the shutter falls
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    It's your favorite foreign movie

    'Peg'

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    jo901288's Avatar

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    Default Re: Legal advice on claims management company

    Hi Nick I've emailed you. Thanks again

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    Default Re: Legal advice on claims management company

    Got it, thanks.

    The agreement states at clause 5 that they won't act if there's not a reasonable chance of a successful claim. The letter states that there isn't and explicitly states that your contract (and any of your obligations thereunder) had ceased.

    I can't see you have any liability to them.

    Have you made a formal complaint (and referred them to the letter)?

    It might be useful if you could send me the first communication you had from Welcome and I'll get back to you in the morning.

    I like your pin shot
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    It sure looks good on you
    And when you smile for the camera
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    Then the shutter falls
    You see it all in 3-D
    It's your favorite foreign movie

    'Peg'

    Donald Jay Fagen


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    Default Re: Legal advice on claims management company

    Hi Nick yes that's what I thought. I've formally complained and they are adamant that I should pay and offered to reduce the payment to 25%. I've refused and said I'm not prepared to pay. I asked them to confirm where it states in their letter that their services would resume if circumstances change. I have all correspondence at work so I'll email you everything tomorrow morning. Thanks so much for your help I really appreciate it.

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    Default Re: Legal advice on claims management company

    Redacted docs attached for ref @Amethyst

    Obviously Goldsmith Williams are solictors and not a CMC meaning they won't come under MOJ regulation.

    What (and when) was the outcome of the Co Op bank and Blackhorse claims listed on the contingency fee agreement?
    Attached Thumbnails Attached Thumbnails Letter.jpg   T&Cs 1.jpg   T&Cs 2.jpg  

    I like your pin shot
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    Done up in blueprint blue
    It sure looks good on you
    And when you smile for the camera
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    Then the shutter falls
    You see it all in 3-D
    It's your favorite foreign movie

    'Peg'

    Donald Jay Fagen


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    Default Re: Legal advice on claims management company

    Hi Nick

    The Cooperative Bank paid out on both PPI claim and Packaged Bank Account claim (and I paid the Solicitors fees promptly). They could not find any account numbers for Black Horse Finance so they released me from their services (I managed to find an account number and made a successful claim myself).

    Also, in the letter they sent me (that I emailed to you), they stated that there would be no charge for any of the work that they have carried out. Therefore, do I have grounds for refusal to pay based on this? Or, at the very least, pay a small proportion of their fees?

    I will forward the email thread with Goldsmith Williams so you can see their responses to date.

    As always, thank you for your help.

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    Default Re: Legal advice on claims management company

    Hi Nick sorry I didn't confirm when the Cooperative claims were settled - the PPI claim was paid out on 03/02/16 and the PBA was paid out on the 11/03/16. Thank you.

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    Default Re: Legal advice on claims management company

    Thanks.

    On this para in Goldsmith's e-mail to you:

    In addition to the above, we only advised that we were unable to
    pursue the claim after receiving the attached letter from the FSCS who
    on 11/05/16 advised at the time the claim stood outstide jurisdiction,
    which resulted in our letter advising the same to you. Since then a
    follow up offer letter was sent to us due to a change in Welcome
    Finance's situation, as WF were not entering into an insolvent
    liquidation process, WF could now settle the accepted claims in full.
    Therefore we sent a letter advising we could not take it any further
    based on the FSCS dealing with WF refunds, but now that this has
    changed and WF are able to settle their client claims direct, it has
    resulted in a refund - a refund which we have been heavily involved in
    making a success, our files and documentation are proof of this.
    Were you ever advised by Goldsmith's about the 'follow up offer letter' that I've highlighted in bold and have you seen it? They don't say who the letter was from or to or when it was sent.

    I like your pin shot
    I keep it with your letter
    Done up in blueprint blue
    It sure looks good on you
    And when you smile for the camera
    I know I'll love you better

    Then the shutter falls
    You see it all in 3-D
    It's your favorite foreign movie

    'Peg'

    Donald Jay Fagen


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    jo901288's Avatar

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    Default Re: Legal advice on claims management company

    Hi Nick

    Yes the follow up letter was the offer letter from Welcome Finance (offering pay out on PPI claim) and it was received around the 24th August. This was sent to both myself and Goldsmith Williams (after I received the letter from Goldsmith Williams saying they could no longer help me, I contacting Welcome Finance a few times for an update and gave them my contact details).

    Thanks, JO

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    EXC's Avatar

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    Default Re: Legal advice on claims management company

    Ok thanks. If it's not too much trouble I'd like to see that too.

    From the e-mail thread they don't seem to have formally acknowledged your complaint, just reviewed your file and offered an explanation. It certainly doesn't say it's a final response to a complaint or look like one.

    I'm wondering whether we should re-submit the complaint with a much more concise and evidence based version making it clear that you expect them to respond to it formally and in accordance with the SRA's complaints procedure. The thing is that it is this complaint that the Legal Ombudsman will consider if Goldsmith's reject it so it is important to get it right first time.

    Can I suggest drafting one for you? It may take a few days so bear with me.

    Also have you responded to their last e-mail of yesterday?

    I like your pin shot
    I keep it with your letter
    Done up in blueprint blue
    It sure looks good on you
    And when you smile for the camera
    I know I'll love you better

    Then the shutter falls
    You see it all in 3-D
    It's your favorite foreign movie

    'Peg'

    Donald Jay Fagen


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    Default Re: Legal advice on claims management company

    Hi Nick

    Yes I've attached a copy of the letter from Welcome confirming they uphold my claim (I can do this from a computer but not from my phone). I would be extremely grateful if you could produce a complaint letter - you can word it far better than I can!

    I did respond to the email with the following (as you can see I did ask them to confirm their final response):

    Hi Megan
    Thank you for your response. I also feel it is unfair for you to suggest that the Welcome Finance claims were only paid out due to your involvement. Had I pursued the claims myself the outcome would have been the same. I also initially advised you that I had loans with Welcome that had PPI added to them therefore I was well aware of these accounts ... they were not located by your involvement. Please advise where, in the letter that you sent, it stated that your services would resume should circumstances change? What would have happened if I had instructed another claims firm to dral with this matter as you suggested was my right to do so? Would I have had to pay yourself and them? As I have been advised, I believe my contract with you ended when you sent the letter stating you could take it no further and I was free to pursue it myself. Therefore I do not accept your offer of a reduced payment. Please let know if this is your final decision so I can advise the Legal Ombudsman to proceed with my complaint.

    Regards, Joanne
    Attached Files Attached Files

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    Default Re: Legal advice on claims management company

    Ok let me know their response. Whatever it is we can submit the more detailed complaint on the basis that it would be in everyone's interest to do so.

    I like your pin shot
    I keep it with your letter
    Done up in blueprint blue
    It sure looks good on you
    And when you smile for the camera
    I know I'll love you better

    Then the shutter falls
    You see it all in 3-D
    It's your favorite foreign movie

    'Peg'

    Donald Jay Fagen


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    Default Re: Legal advice on claims management company

    Thank you so much Nick you have been absolutely amazing and I have spoken to my colleagues at work and told them how good this site is (you do a fantastic job)!

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    Default Re: Legal advice on claims management company

    You're welcome.

    I like your pin shot
    I keep it with your letter
    Done up in blueprint blue
    It sure looks good on you
    And when you smile for the camera
    I know I'll love you better

    Then the shutter falls
    You see it all in 3-D
    It's your favorite foreign movie

    'Peg'

    Donald Jay Fagen


  20. #20
    EXC's Avatar

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    Default Re: Legal advice on claims management company

    On 4 September you asked them for a copy of their complaints procedure, did you get it? If so can you give it to me?

    I like your pin shot
    I keep it with your letter
    Done up in blueprint blue
    It sure looks good on you
    And when you smile for the camera
    I know I'll love you better

    Then the shutter falls
    You see it all in 3-D
    It's your favorite foreign movie

    'Peg'

    Donald Jay Fagen


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    Default Re: Legal advice on claims management company

    No they didn't send me their complaints procedure. Should I email them again and ask for it? Thanks

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    Default Re: Legal advice on claims management company

    Hi Nick - good news! They are not pursuing the fees any further - I received the email below (after I asked them for their complaints procedure). Thank you so much for your help - I don't think I would have gotten this far without your invaluable advice:

    Hi Mrs xxx,

    Thank you for your email. Since we were last in contact I have been able to discuss this matter with my manager.

    Whilst there is evidence throughout our files that this account and claim has been successfully located and pursued as a result of the initial work done on the file in accordance with your instructions, a further review of the file shows that we did send you a letter stating that the file relating to this case would be closed. In this case a slightly different letter should have been sent explaining the issues with regard to Welcome Finance and the FSCS, and confirming that we would contact you further should the situation change. In the circumstances I can confirm that as a result of the closure letter being sent we will not pursue any fee in relation to this claim.

    If you still wish to raise a formal complaint in the first in stance you should do so in writing, although I can arrange for my manager to contact you by telephone or email if you prefer.

    Regards,
    Last edited by Amethyst; 8th September 2016 at 12:59:PM.

  23. #23
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    Default Re: Legal advice on claims management company

    Great News

    @EXC
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: ** SORTED ** Legal advice on claims management company

    Excellent well done Jo.

    I like your pin shot
    I keep it with your letter
    Done up in blueprint blue
    It sure looks good on you
    And when you smile for the camera
    I know I'll love you better

    Then the shutter falls
    You see it all in 3-D
    It's your favorite foreign movie

    'Peg'

    Donald Jay Fagen


  25. #25
    jo901288's Avatar

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    Default Re: ** SORTED ** Legal advice on claims management company

    I seriously couldn't have done it without you and your invaluable advice EXC :tinysmile_grin_t: ... I'm still thinking about formally complaining about their conduct! They clearly knew about the letter they sent (I referred to it often enough in my email communication to them) so they obviously thought they'd try to extract more money from me. I'm happy with the outcome (and I'm not complaining to try and get monetary gain in the form of compensation - I just wouldn't like this to happen to anyone else who might just accept what they say and pay out)! Will have a think about it and decide what to do. Thanks again EXC

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