No win no fee CMC charging fees when I was not refunded - Scottish Trust Deed

[HMCC]

Hi. We used the services of a CMC to look into PPI and the bank offered us a refund on two accounts, which we accepted.

The bank then said they would be keeping the PPI payment and offsetting it against the debts owed to them which was part of a Trust Deed, even though one loan was paid off in full and the other formed part of a Trust Deed.

The CMC specifically said that"we will work on a no win no fee bases which means you will not be liable to pay any monies until you have been refunded". The CMC sent us a reminder to pay their invoice (£650) and are not returning any of my calls to discuss this with them.

We signed a credit agreement agreeing that we would pay them 25% of any money refunded. As the bank made us an offer which we accepted, but then kept the money do I still need to pay the CMC as technically I would have thought that I haven't been refunded. Any advice would be appreciated. Thank you.

[EXC]

Re: No win no fee CMC charging fees when I was not refunded - Scottish Trust Deed

Most CMCs have a provision in their contracts that they still charge the full commission on refunds regardless of whether some or all of it is off-set by the bank.

Who is the CMC?

[HMCC]

Re: No win no fee CMC charging fees when I was not refunded - Scottish Trust Deed

Hi it is RYM Claims. I don't recall seeing in their T & C's about this. They didn't ask me whether I had previously had a Trust Deed and I didn't think to mention it as the Bank was paid in full for the account before I took the Trust Deed and I was discharged around 10 years ago. If the CMC had asked I would have told them. Hopefully we don't have to pay this as I cant afford £650 when I haven't received anything from the bank. Do you think the FOS would be able to help if they do have a provision in place? Thanks for your help.

[EXC]

Re: No win no fee CMC charging fees when I was not refunded - Scottish Trust Deed

RYM Claims don't seem to have their website up so I can't check their T&Cs. It's a trading name of Dartana Ltd who appear to be authorised by MOJ https://www.claimsregulation.gov.uk/...y=-1&status=-1

Do you have the T&Cs? Are you sure the bank has off-set it correctly?

The FOS don't deal with complaints abour CMCs, but the Legal Ombudsman does.

[Openlaw15]

Re: No win no fee CMC charging fees when I was not refunded - Scottish Trust Deed

Hi it is RYM Claims. I don't recall seeing in their T & C's about this. They didn't ask me whether I had previously had a Trust Deed and I didn't think to mention it as the Bank was paid in full for the account before I took the Trust Deed and I was discharged around 10 years ago. If the CMC had asked I would have told them. Hopefully we don't have to pay this as I cant afford £650 when I haven't received anything from the bank. Do you think the FOS would be able to help if they do have a provision in place? Thanks for your help.

In Scotland, even where a Trust Deed (bankruptcy) discharge has happened several years ago, although all debts are cleared there is one exception, this is PPI, which will be paid retrospectively (ie backdated).