PPI claims company dispute over fees

[cp1983]

Hi all

first post on here looking for some help and advice. I have had a ppi company called the fair trade practice work on my behalf to investigate some old accounts for ppi.

I was informed that I did have ppi with my hsbc credit card however they hsbc needed proof of my ppi to acknowledge my claim for my personal loan.

the fair trade practice continued with my claim for the credit card ppi to which was just paid out however back in august I received notification in my online portal and via email that they would no longer be invstigating the loan account as no proof was available these were their words " regretfully we are unable to proceed with your claim due to outstanding evidence of ppi, if you can provide us with further proof we will be happy to continue with the claim.

I contacted them again in October for which I then received email confirmation they would not be pursuing this. in the meantime the credit card claim was still progressing but hadn't had a response back from hsbc and the fairtrade did continue chasing.

October 12th I then stumbled across the resolver tool online and though why not see if I can get anywhere with the loan ppi with HSBC who I currently bank with, 4 weeks later I had £2000 credited into my account and £1300 for loan ppi and 700 for the credit card ppi and then would you believe it I then had the fair trade practice contact me trying to tell me they had got the ppi back for the credit card and the loan. I then explained that you didn't win back the ppi for the loan as I had written to hsbc directly following the confirmation that the fairtrade practice wouldn't be taking it any further. there claim is that I signed the authority back in august and that they had done the investigating so therefore were entitled to the fee.

As hsbc responded back to the claims company that they would be paying out for the credit card they also attached the detail on regarding the loan. however in the offer letter there is no reference to the loan that linked it o the fair trade reference number which only had the credit card referenced to it, the detail of the loan payout was just in reference to myself.

my argument is that I have already paid the invoice for the credit card claim which was £300 which is fine as they did do all the legwork they have also invoiced me for £390 for the loan payout even though they gave up on it and confirmed in writing that this was the case and then on the back of the work I did to investigate it 2 months later they are saying it was all down to them and that if I didn't pay they would continue adding interest and would take me to court. I haven't gone down the ombudsman route yet but pretty sure I have a strong case. I am worried that if I dont pay it they will keep increasing the cost can they do that when its in dispute with the ombudsman?? any help and advice would be greatly appreciated.

I really dont mind paying its just the fact these leeches are trying to rob me. !!

kind regards

Chris

[Bellarose]

Re: PPI claims company dispute over fees

Can you check in your terms and conditions ?
i had these investigate some ppi for me even though I nothing became of it, I’m sure there was a something about a certain amount of time afterwards if I claimed it myself etc.....sorry I’m no expert though! I would be annoyed by this though! They bloomin hassled me for months over it as well!

[EXC]

Re: PPI claims company dispute over fees

I haven't gone down the ombudsman route yet but pretty sure I have a strong case.

I think you do have got a stong case but in order to be able go to the Legal Omudsman you would need to have made a complaint to Fair Trade first. Fair Trade must give you a final response within 8 weeks, or if they don't give you one within 8 weeks you can then go to the Ombudsman in any event.

Have you made a formal complaint yet? If not I would do so. https://www.thefairtradepractice.co....ints-procedure

I think you can reasonably argue that Fair Trade executed their right to cancel the claim at section 9 of their terms - attached. Although the terms refer to their right to cancel the 'contract' as opposed to the 'claim', if Fair Trade stated that they couldn't even establish that you had PPI then they were self-evidently incapable of claiming it for you. The Ombudsman normally takes the view that if a claims company didn't do the work that resulted in a successsful claim they cannot charge a success fee in respect of it.

I assume you can provide evidence that you subsequently made a claim via Resolver?

[cp1983]

Re: PPI claims company dispute over fees

Hi many thanks for your reply,

I have already submitted an email of complaint to them 3 weeks ago and all I got back was a phone call of threatening to take me to court if I didn't pay. This was my email

Dear the fair trade practice

After receiving compensation for both my HSBC credit card and Personal Loan. I have now received both invoice’s from yourself for the successful claim back of ppi. However I am unhappy that you have decided to claim payment for the loan account of which was not successfully claimed by yourself. After a telephone call with a customer service agent on the 10/10/17 i was informed that the bank was waiting to respond back on the credit card claim however the Fairtrade practice wouldn’t be able to claim for the loan account as there were no further proof, as outlined in your email below back in august and again on the telephone and also showing in my online portal.

Following the decision made by the Fairtrade practice not to continue with my claim on the loan account, as attached I then emailed HSBC direct via the resolver tool from the moneysaving expert website. As a Hsbc Bank account customer Hsbc followed my email up with correspondence in the post confirming the complaint and would investigate this thoroughly. 3 weeks later Hsbc have then confirmed that ppi was there and agreed a pay-out informing yourself for which you have then taken up to claim the pay-out of the loan account as a success on your behalf for which I believe you have acted unfairly following your decision back In august to no longer pursue the account, and then in October via telephone call was still confirmed that no further action would be taken. On this basis I will not be making payment for the unsuccessful claim of ppi on my loan account.

I will be making full payment for the credit card claim as I acknowledge that you followed this service through. At no time between august and now you have not informed me that you have continued to chase the claim even though you had informed me that you will no longer chasing this.

I sent them that along with the application I made through the resolver as well as all correspondence they had sent me saying they couldn't take this any further as they failed to establish if I had ppi, I have asked them to provide me proof of any correspondence they have sent to hsbc after he 9th august to fight my cause as that is the date they told me they couldn't take it any further. They declined.


so far I haven't had any thing back in writing via post or email other than a threatening costs letter from the control team. is it now time to take it to the legal ombudsman?


thanks

[EXC]

Re: PPI claims company dispute over fees

Ok thanks. I think it might be worth you calling the Ombudsman ( 0300 555 0333 ) and ask if they'd consider Fair Trade's call to you a final response to your complaint. That will determine whether they'll take on the complaint now.

While you're speaking to them you might want mention that Fair Trade haven't complied with the 5 day acknowledgement rule which is:

A business must send a written or electronic acknowledgement of a complaint within five
business days of receipt, giving the name or job title of the individual handling the complaint for
the business, together with details of the business’s internal complaints handling procedures.

https://www.gov.uk/government/public...ing-rules-2015