Fast track reclaim PPI issued LBA for £500 fee

[JJ123]

Many thanks for responding.

The Letter Before Claim appears to be in order in terms of providing a reply form, information sheet (and questionnaire for those not disputing the debt). However, the letter itself seems like a fishing expedition.

I had asked Fast Track Reclaim (FTR) for a "free" PPI check. Similar to the poster above, FTR then asked me to fill-in forms with countless detailed questions which I did not have answers to - so I never bothered. They never came back advising me that in their opinion, I had been mis-sold PPI. Nor did they obtain any instructions from me to go ahead with any such complaint. Nor did they send me any copies of any claim they now appear to imply they sent on my behalf to an unnamed lender (whether for me to sign or otherwise). I don't know if they did anything more than an initial bulk PPI check. Nowhere do they even mention the name of the Bank/Building society they suspect may have sent a FDL. Joseph James Law Solicitors say:

"You engaged our Client to provide PPI services to you in respect of lenders you identified as possibly having paid PPI towards. Our Client provided services to you and made necessary enquiries with those lenders, but there has been no obvious conclusion to your claim. A claim is usually concluded when the lender sends a Final Decision Letter either upholding a complaint or rejecting a complaint. FDL's are usually sent direct to you copied to our Client. We are instructed that this did not happen in your claim. On this occasion our client has received no FDL."

JJL Solicitors then go on to claim, without giving any date, that their client wrote requesting a copy of the FDL (again not saying from which lender) "and/or your written authority for our client to write to your lender to confirm the status of your PPI claim." They conclude that the terms of the agreement state:

“…FTR reserve the right to charge a fee of £500 per PPI complaint sent to the Company if a request for disclosure of the offer is not received within 7 days of notification”.

(Yes I have rechecked and I have copied this accurately from the LBA and it is the same wording given by the poster above)

The term is vague and ambiguous. Furthermore, they are suggesting there is an offer and they haven't even specified anywhere in the LBA or elsewhere who the offer is supposedly from.

Incidentally, Joseph James Law Solicitors are also ringing me virtually every weekday. I have not responded to any of their calls. Given the way they have conducted themselves so far, I prefer to have things in writing. They sent the LBA by email, so they can contact me without harassing me with repeated phone calls.

Once again, many thanks

[EXC]

Thanks for the comprehensive account, it's helpful.

It's deffo a fishing exercise and a very blatant one at that. That they said that ''there has been know obvious conclusion to your claim'' pretty much shoots themselves in the foot.

Briefly, a few things.

In my view there's little chance of them actually issuing proceedings as they'll know it won't stand a chance in court as there's no clear cause of action. But I would email JJL and FTR and say that until such such time as you've received your SAR response to consider your position, it would not be appropriate to for them to continue pursuing you for payment.

But to be honest I don't think the SAR response will help you much (I'll explain why when I have more time). It might be better to make a formal complaint now which gives you the option of going to the FOS if they reject it. Once you've put the complaint in they will be under an obligation to cease pursuing you until the formal complaints process has run its course.

I'd be happy to help you draft a complaint but it would be helpful if I could see the email you quoted (or the whole LBA) and any other correspondence that's relevant. You can email it to me at nick@legalbeaglesgroup.com

[EXC]

But to be honest I don't think the SAR response will help you much (I'll explain why when I have more time).

Just on this, It's likely you'll get an 'audit trail' of you signing up to make the claim with a 'digital' signature on an agreement and letter of authority.

it's unlikely that they or FOS (Financial Ombudsman) will uphold a complaint on the basis that you didn't provide FTR with your informed consent for them to make a claim. FOS always say it's not their role to determine whether a signature is genuine and they base the likelihood of you agreeing on the basis that you provided your details in the free PPI check. Unfortunately FOS don't seem to understand the distinction between agreeing to a free PPI check and claims management contract.

It's been a source of frustration for me as according to FOS's own stats, Quickly Finance are the most complained about CMC and the issue of informed consent is the most common complaint ground yet somehow FOS reject most of these complaints, in my view wrongly.

See here Ombudsman decisions (financial-ombudsman.org.uk)

I think you're much more likely to succeed on the basis that the contractual term that allows them to charge £500 is not reasonable and is being misapplied in any event. Additionally, by their own admission, they only ever sent ''enquiries'' to the lenders and do not appear to have established if there was a claim to be made, let alone make one.

[Libby M]

I seem to be in the same situation as everyone else. I filled in one form requesting a PPi check back in 2019.
I did the form with Allay but heard nothing back from them at the start of 2017. I heard nothing back and forgot all about it.
In 2019 I got an email from Quickly with a form to fill in which I ignored.
Meanwhile I got an email from Allay saying that they had made progress on the claim and itt was sucessful.
I ignored any communication from Quickly at all. They attempted to contact my bank and Lloyds said I had two accounts but gave no furtther details.
Quickly emailed and demanded details. I did not reply.

In 2020 we were awarded two smallish claims in one settlement and I paid Allay their commisssion.
Quickly want £500 x 2 for the two accounts. In 2022 they instructed JJL.

I complained to Quickly which was not upheld and I then took it to the Ombudsman. They said they could see no evidence of fraud and that they too were dismissing the complaint unless I have more evidence.

Any idea what I can do now?

[EXC]

I seem to be in the same situation as everyone else. I filled in one form requesting a PPi check back in 2019.
I did the form with Allay but heard nothing back from them at the start of 2017. I heard nothing back and forgot all about it.
In 2019 I got an email from Quickly with a form to fill in which I ignored.
Meanwhile I got an email from Allay saying that they had made progress on the claim and itt was sucessful.
I ignored any communication from Quickly at all. They attempted to contact my bank and Lloyds said I had two accounts but gave no furtther details.
Quickly emailed and demanded details. I did not reply.

In 2020 we were awarded two smallish claims in one settlement and I paid Allay their commisssion.
Quickly want £500 x 2 for the two accounts. In 2022 they instructed JJL.

I complained to Quickly which was not upheld and I then took it to the Ombudsman. They said they could see no evidence of fraud and that they too were dismissing the complaint unless I have more evidence.

Any idea what I can do now?

Hiya

I'm not entirely clear on your story but the most pressing question is how long have you got to provide more evidence before FOS dismiss your complaint? Also have you asked for the complaint to be looked at by a senior ombudsman yet (ie appealed) ?

I just assisted someone win their complaint about a £500 invoice with FOS. If you could provide your original complaint and Quickly's response, what the FOS has said and the £500 invoices (and any correspondence relating to them) I could try and assist.

You can either redact all your personal details and post them up here or just email them to me at nick@legalbeaglesgroup.com

[EXC]

Libby M Looking at your post again it sounds like you're still in a position to refer (appeal) the complaint to an Ombudsman and I would encourage you to do so.

It's likely that the Ombudsman will be Anne Scarr who I'm quite familiar with.

Below is a PDF of one of her decisions on a Quickly complaint concerning a £500 invoice I mentioned. It's been redacted for publication but the Mr S is me.

Although the investigator in your case is apparently dismissing your complaint on the grounds of no evidence of fraud, they have missed the point of the reason why the Ombudsman upheld this complaint, which is there were are no grounds for the £500 invoice.

[Libby M]

Hiya

I'm not entirely clear on your story but the most pressing question is how long have you got to provide more evidence before FOS dismiss your complaint? Also have you asked for the complaint to be looked at by a senior ombudsman yet (ie appealed) ?

I just assisted someone win their complaint about a £500 invoice with FOS. If you could provide your original complaint and Quickly's response, what the FOS has said and the £500 invoices (and any correspondence relating to them) I could try and assist.

You can either redact all your personal details and post them up here or just email them to me at nick@legalbeaglesgroup.com

Hi, I have sent you an email with details, the Financial Ombudsman's reply, her reply to my reply and my reply to her reply from yesterday. (It was a busy day)
i don't know what to do next, TBH.
As I said, in the email (which you should have), the FO will close the complaint on 27th October unless I find evidence to appeal. However the company I did use Allay, and did pay for their service is no longer trading. I don't have any evidence, because it was all done on their App or emails (which I lost when my computer went bang in 2021. Tip: Don't store important emails in a 'Local Folder.')

[EXC]

Hi, I have sent you an email with details, the Financial Ombudsman's reply, her reply to my reply and my reply to her reply from yesterday. (It was a busy day)

Yes I replied to both of your emails at the time.

i don't know what to do next, TBH

I told you what I think you should do.

the FO will close the complaint on 27th October unless I find evidence to appeal.

Regardless of the way that Tina Brown expressed it in her email of 17 October, you can ask her for an ombudsman to look at it (as long as you do that by the 27th) on the basis that you don't agree with her decision. It then buys you roughly 6 weeks to get both letters I advised you to obtain, at which point you can submit these to the ombudsman. I've done this several times.

The letter from Lloyds to you on 13 May 2020 should establish whether it was Allay or FTR who made the successful claim on your behalf.

[Libby M]

Yes I replied to both of your emails at the time.
I told you what I think you should do.
Regardless of the way that Tina Brown expressed it in her email of 17 October, you can ask her for an ombudsman to look at it (as long as you do that by the 27th) on the basis that you don't agree with her decision. It then buys you roughly 6 weeks to get both letters I advised you to obtain, at which point you can submit these to the ombudsman. I've done this several times.
The letter from Lloyds to you on 13 May 2020 should establish whether it was Allay or FTR who made the successful claim on your behalf.

I emailed JJL and asked them to clarify details of their claims;

JJL replied: ______________

The details of the claims are as follows:
These claims were in relation to PPI being missold against the Credit Card xxxxxxx & xxxxxxx you took out in 2004.
Lloyds will have this under their reference PPIXXXXXXX. Please ensure it is their PPI number you are calling. We do not know if the claim was successful or not that is why we require the Final decision letter from Lloyds which we have been asking for since January 2022. As you have not provided this you are being charged £500 for each case.
________________________


As Allay got a copy of the FDL, and notified me of the award before Lloyds did via the App, I think it is obvious who Loyds considers made the successful claim. I am sure FTR was advised that a successful claim had already been processed when they supposedly put in their claim.

Do I need to get a copy of the FDL from Lloyds or would the Allay invoice suffice?
Would I have to pay FTR as I have already paid Allay?
Can I still appeal to the senior Ombudsman?

Thanks so much for your assistance.

[EXC]

I emailed JJL and asked them to clarify details of their claims;

JJL replied: ______________

The details of the claims are as follows:
These claims were in relation to PPI being missold against the Credit Card xxxxxxx & xxxxxxx you took out in 2004.
Lloyds will have this under their reference PPIXXXXXXX. Please ensure it is their PPI number you are calling. We do not know if the claim was successful or not that is why we require the Final decision letter from Lloyds which we have been asking for since January 2022. As you have not provided this you are being charged £500 for each case.

You MUST send this to FO now, highlighting that FTR do not know if the claim was successful. Tina Jones summarised her decision as follows (emphasis supplied:

I can understand this outcome will be disappointing, but I can see FTR have done the work which resulted
in these successful claims, and so are due their fees for the Lloyds claims.

You also need to tell her that as you never received the FDL from Lloyds (and FTR can't prove you did), you cannot be held liable for the £500 charges for not providing them an offer letter you didn't get! And you should tell FO that you strongly suspect that the Lloyds offer letter would have been sent directly to Allay and that the only way to prove that is to obtain it. Tell them you need the time to do it and if she doesn't grant it you want an ombudsman to look at it.

Do I need to get a copy of the FDL from Lloyds

I've got my head in my hands. How many times do I need to say it? Yes.

Would I have to pay FTR as I have already paid Allay?

No.

Can I still appeal to the senior Ombudsman?

Yes but you must do that by the 27th if she doesn't grant you more time to get the Lloyds letter.

[Libby M]

You MUST send this to FO now, highlighting that FTR do not know if the claim was successful. Tina Jones summarised her decision as follows (emphasis supplied:
You also need to tell her that as you never received the FDL from Lloyds (and FTR can't prove you did), you cannot be held liable for the £500 charges for not providing them an offer letter you didn't get! And you should tell FO that you strongly suspect that the Lloyds offer letter would have been sent directly to Allay and that the only way to prove that is to obtain it. Tell them you need the time to do it and if she doesn't grant it you want an ombudsman to look at it.
I've got my head in my hands. How many times do I need to say it? Yes.
No.
Yes but you must do that by the 27th if she doesn't grant you more time to get the Lloyds letter.

Hi Nick,
Thanks for your advice. I appealed to the FO and asked for more time to get the FDLL from Lloyds. She told me not to ask Lloydss for the FDL. She said she would pause the decision process and use her connections and get it direct from Lloyds.
Today rI eceived the final decision and the FO has now upheld the complaint based on the fact that the original claim, in all likelihood, predates FTR's 'claim'. (FTR never provided evidence of a claim, just the evidence that Lloyds told them there was a successful claim.
We have also been awarded £100 for distress in the way FTR/JJL aggressively went after us.

Obvs we need to wait on FTR accepting the decision, and the phrase 'In all likelihood' is concerning and gives them 'wiggle room' I guess. However, in the summation Lloyds admitted to the FO that they had "confirmed they updated FTR in September 2020 in error, not noticing this was a second CMC."

Thanks again for your help and support

[EXC]

That's great, I knew the Lloyds FDL would be key but it's really concerning that FO would have rejected your complaint unless you didn't know it.

FTR WILL appeal it, no doubt about it, but I doubt they'll succeed. Keep us posted.

[Mrcorbett]

I know this thread is for issues relating to PPI but have been receiving calls and texts from Fast Track Refunds to pay an invoice for a HMRC car mileage fuel tax refund I made in June this year . I don’t recall contacting FTR but must have made an online enquiry , but as I never had any response from them , didn’t think any more about it . I have asked FTR for evidence of the work they carried out in my behalf but they are being evasive and ignoring my request . To be honest I thought that this was a scam as the messages a get filtered into my junk inbox . I have told them that until I receive such information I am unable to make a payment so now I have received an email from JJLaw threatening legal proceedings if I don’t pay up before 24.11.23 . I know FST haven’t done any work for me because I made the claim myself , is there anything I can do to stop JJLaw taking action against me ? .

[SeaEmSee]

Mrcorbett reaponded to you on another thread. I’m in the same boat. Assume you’ve checked with HMRC if FTR have filed a 64-8 and/or an R40? If not ascertained please call the Self Assessment team and get them removed. FTR will be evasive. They told me it wasn’t about the work they did…..! Still HMRC released my data to them without me knowing they were on my account as they sent across a 64-8 telling HMRC I had completed and signed it. I didn’t - and I’ve been in self assessment since 2016!