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POLL: Is LeO Right?

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  • POLL: Is LeO Right?

    In January the Legal Ombudsman (LeO) took over responsibility of complaints about claims management companies.

    As with the Financial Ombudsman LeO publishes case studies

    Please read the recently published case study below.

    A spokesperson for LeO said of this case study ''We do believe that is [sic] shows we provide a fair and impartial service, as this was a resolution agreed to and supported by both parties.''

    What do you think? was LeO's descision right? Please gives us your views by voting 'yes' or 'no' in the poll at the top of this post and feel free to post your reasons why.

    Thanks.




    Case study

    Mrs A used a CMC to help her recover unfair charges by a
    large number of credit card companies, banks, and other
    financial service providers. She agreed that she would pay
    the CMC 25% plus VAT of any charges they recovered. The CMC
    went on to recover more than £800.

    Mrs A set up a standing order to pay the CMC for this work
    and made a payment of £30 every month for three and a half
    years. However, she did not receive regular updates regarding
    the status of her debt. She eventually wrote to the CMC to ask if
    she had paid off her bill but did not receive a response. Mrs A
    contacted them three more times over the next six months before
    the CMC finally acknowledged that Mrs A had paid them more
    than she owed, offering her a refund.

    Mrs A accepted the refund but had five separate claims ongoing
    with the CMC, about which she’d not received any updates
    in writing for four years. In the end she told the CMC she
    wanted to cancel the remaining claims. The CMC agreed to the
    cancellation, but charged Mrs A £2000 in cancellation fees for
    the work they had already completed on the claims. Mrs A was
    not happy with this fee and complained to the CMC. In response,
    the CMC offered her a 50% reduction on the cancellation fee.
    Mrs A was still unhappy and brought her complaint to the Legal
    Ombudsman.

    Our investigation found that there were service issues. For
    instance, the CMC: hadn’t kept Mrs A regularly updated during
    the five years it took to deal with her claims; failed to respond to
    queries and concerns she raised with them; did not set out clearly
    the potential costs of cancelling the contract; and had charged
    for duplicated paperwork that wasn’t relevant.

    When we explained this to the CMC it agreed to reduce its
    cancellation fee by 75% to £500. They agreed this could be
    paid back in monthly instalments of £15. This meant that Mrs A could
    pay back the amount on a more affordable basis. The company also
    acknowledged that the cancellation costs were not as clear as they could be
    and agreed to review its contracts.

    Mrs A was pleased with this and accepted it as a resolution to her complaint.

    11
    YES
    0.00%
    0
    NO
    100.00%
    11
    Last edited by Amethyst; 11th November 2015, 07:53:AM.
    Tags: None

  • #2
    Re: POLL: Is LeO Right?

    Are you happy for us to comment on that case study or might that potentially bias the poll results?
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment


    • #3
      Re: POLL: Is LeO Right?

      Comment away.

      Personally although I get the point the spokesman made that it was agreed by the customer, it depends how it was put to her. If she felt it was that and that's what the LeO deemed fair (goodness only knows how that could be considered fair) did she feel she had no choice but to accept.

      I'd also like to know if the LeO pass on any of compliance type (as below) issues to the MOJ for further action or if the LeO are happy that the CMC saying they will review the contracts is a satisfactory result to protect others.

      Our investigation found that there were service issues. For
      instance, the CMC: hadn’t kept Mrs A regularly updated during
      the five years it took to deal with her claims; failed to respond to
      queries and concerns she raised with them; did not set out clearly
      the potential costs of cancelling the contract; and had charged
      for duplicated paperwork that wasn’t relevant.
      Last edited by Amethyst; 11th November 2015, 08:25:AM.
      #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


      • #4
        Re: POLL: Is LeO Right?

        The figures alone should have sent a positive message to the Leo that it was a total rip off, let alone the fact they broke many rules.
        If this is the level of their 'fair' decisions we are doomed again to a useless and spineless organisation set up to help us.

        Comment


        • #5
          Re: POLL: Is LeO Right?

          I agree, this was a very poor decision. After reclaiming so little money after so long, poor to non-existent communication and even taking more money in fees than they were supposed to, the LeO should have determined that the client didn't have to pay any money to break the contract.

          Comment


          • #6
            Re: POLL: Is LeO Right?

            Originally posted by Amethyst View Post
            Comment away.

            Personally although I get the point the spokesman made that it was agreed by the customer, it depends how it was put to her. If she felt it was that and that's what the LeO deemed fair (goodness only knows how that could be considered fair) did she feel she had no choice but to accept.
            There's that but there's the antecedent issue of whether she was sufficiently circumspect to reach and maintain an informed conclusion as to whether the offer justly remedied her issue, let alone whether she had the strength of character to assert it. And given she was apparently abused by this outfit for 5 years it's pretty clear she didn't.

            People go to an Ombudsman service to obtain a fair decision from someone who has the tools and authority provide it. They don't go to one to be left to continue negotiating with the party they've complained about. She already failed at that before going to LeO.

            Essentially, in putting her in the position where the Ombudsman's decision was deferred to herself and a greedy CMC was a dereliction of LeO's consumer protection obligations.

            Comment


            • #7
              Re: POLL: Is LeO Right?

              Do they have consumer protection obligations ? I mean enshrined in law type ones ? If they are just a mediator they shouldn't be called ' ombudsman' .

              ( I think the FOS would have found completely in her favour and there is no way they would ever have ordered her continue paying installments after the complete balls up when she last paid installments - wonder how long she'll be left paying £15 a month for )
              #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


              • #8
                Re: POLL: Is LeO Right?

                Originally posted by Amethyst View Post
                Do they have consumer protection obligations ? I mean enshrined in law type ones ?
                It's their 4th stated regulatory objective in the Legal Services Act, as if the first wasn't sufficient.
                Attached Files

                Comment


                • #9
                  Re: POLL: Is LeO Right?

                  Originally posted by Amethyst View Post
                  Do they have consumer protection obligations ? I mean enshrined in law type ones ? If they are just a mediator they shouldn't be called ' ombudsman' .
                  Yer not wrong, they should be called 'another pile'o'shite'
                  Last edited by enaid; 13th November 2015, 02:36:AM.

                  Comment


                  • #10
                    Re: POLL: Is LeO Right?

                    Posted on MSE
                    All I know is that my mother ( 87 years old) was called and duped into giving bank details. (I know we warned her) They took £238;00 approx: before she had time to notify her bank (about 3 hours ) and now we cannot contact them and they don;t reply to e-mails. They said she could claim somewhere in the region of £2,000 from TSB. I told Falcon and Pointer that they could not claim something which never happened, and they would send out a pack of forms to fill in. This never happened and it seems as we cannot get through to them Mother has lost(had stolen) £238.00 approx: taken from her.
                    Any one got any ideas on how to reclaim this.
                    Reply by Legal Ombudsman (emphisis supplied)
                    Hello jill079,

                    I am sorry to hear about the problems your mother is having.
                    The Legal Ombudsman is the ombudsman scheme with the responsibility for deciding service complaints about claims management companies (CMC). Having read your post, we feel we may be able to help.

                    If your mother has changed her mind about using the CMC, she has 14 days from signing the agreement to cancel the agreement and receive a refund of any payments made. She is also able to cancel after the 14 days has passed, however in this situation she may have to pay for any work undertaken by the company.

                    We would advise that if she no longer wants to use the services of this CMC then she should write to them requesting cancellation of her contract, she can do this by sending a letter by post, fax or email.

                    You can find out more information about how to make a complaint to the CMC on our website at http://www.legalombudsman.org.uk/cmc/.

                    Alternatively, we can pass on details of her complaint to the CMC and they will then respond to your mother directly. If you would like us to do this, please do not hesitate to call us on 0300 555 0333. If you would like to do this on her behalf, it would be helpful if your mother was present to confirm authority for you to act on her behalf.

                    Comment


                    • #11
                      Re: POLL: Is LeO Right?

                      I assume you will be putting him right?
                      #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


                      • #12
                        Re: POLL: Is LeO Right?

                        Originally posted by Amethyst View Post
                        I assume you will be putting him right?
                        There's no point, he's avoiding me and not answered my last 2 posts lol.

                        The woman clearly never signed any contract but the LeO guy still parrots her obligations under the ''contract'' she's supposed to have signed. He advises that she should cancel ''by sending a letter by post, fax or email'' when the OP already said they're not replying to e-mails.

                        Not that any of this is relevant anyway. There cannot be any circumstances where cold calling an 87 year old and procuring an upfront fee is appropriate or isn't a breach of the regs:

                        A business shall conduct itself responsibly overall including, but not limited to, acting with professional diligence and carry out the following....Have appropriate procedures in place for early identification and protection of vulnerable consumers

                        Comment


                        • #13
                          Re: POLL: Is LeO Right?

                          We have received some information this morning which has allowed us to apply discretion to these cases. If you have a complaint against Falcon & Pointer Ltd, we can now accept these and you do not need to contact Falcon & Pointer Ltd first.

                          You can find a complaint form available on our website http://www.legalombudsman.org.uk/cmc/#download-form or you can contact us on 0300 555 0333.
                          Seems the LeO are a little bit behind lol.
                          #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


                          • #14
                            Re: POLL: Is LeO Right?

                            Originally posted by Amethyst View Post
                            Seems the LeO are a little bit behind lol.
                            You think? lol.

                            Comment

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