*WON* !!! Claims handler timescale query

[KEH80]

Re: Claims handler timescale query

Ok, I finally have the T&C's as requested. Please let me know if you need any part enlarging from the original file as I've tried to get them as clear as possible but they're that clear to start with.

Many thanks again for helping with this. Either way (pay or don't pay them) I think this site is brilliant and I would highly recommend it to anyone who may need your assistance! :0)

[Kati]

Re: Claims handler timescale query

tagging [MENTION=332]EXC[/MENTION]

[EXC]

Re: Claims handler timescale query

Ok thanks.

I'll draft a letter of complaint over the weekend for review.

[EXC]

Re: Claims handler timescale query

Draft.

You'll need to fill in the dates & amounts. If you don't have the exact dates just put, for example, ''in February 2015'' or ''in early 2015''.

Formal Complaint

This is a formal complaint which I expect to be dealt with in accordance with your complaints handling procedures and those of the Solicitors Regulation Authority.

Please be advised that should I not be satisfied with your response I fully intend to take my complaint to the Legal Ombudsman.

Background

On [date] I entered into an agreement with you to make a claim for PPI on an account I had held with Barclays. On [date] Barclays rejected the claim and although I was advised that I had the option of taking the claim to the Financial Ombudsman I decided not to do so. On [date] Barclays informed me that they were reviewing the sale of my PPI policy and on [date] advised me that the policy was mis-sold and offered me [xxx amount] in compensation. On [date] you raised an invoice for a success fee of 30% + VAT in respect of the compensation.

Complaint

I dispute your fee in its entirety on 2 grounds:

1) My contractual agreement with you and any obligations under it necessarily ended at the point that Barclays rejected the claim. During the 2 years between my claim being rejected and Barclays contacting me about the sales review I had not received any communication from you or indication that you believed that the contractual agreement was still in effect.

2) The compensation I received from Barclays was the result of them reviewing the sale of the PPI policy and not of them reviewing the rejected claim and Barclays have confirmed this to me. Under the Root Cause Analysis provisions in FSA Policy Statement 10/12 firms are required to review tranches of sales potentially affected by recurrent sales problems regardless of whether complaints have been made in respect of them.

Clause C(1) of the agreement states that ''....we will not charge a fee where we have not achieved a successful claim''. There is no provision in the agreement that permits you to a) levy a success fee in respect of compensation awarded in circumstances other than as a result of a successful claim and b) after the agreement has expired.

As advised above, should I not be entirely satisfied with your final reponse to this complaint I fully intend to take it to the Legal Ombudsman.

Yours

[KEH80]

Re: Claims handler timescale query

Thank you very much. I'll get this printed and updated and keep you informed of the progress. Again, many thanks with the assistance so far.

[EXC]

Re: Claims handler timescale query

No probs.

[KEH80]

Re: Claims handler timescale query

Just a quick update....

I've added all dates etc to the letter above and have sent via a reply to their email stating that if we did not pay the amount owed that they were going to charge us interest. This worried us a bit so we sent it off that night in reply to their email and all of a sudden the silence is deafening :0) No calls, emails or correspondence since.

My query is how long do they have to act / give reply / respond after they have received the email with the official complaint. We sent them the above letter on Monday 7th November @ 7pm.

Many thanks - K

[EXC]

Re: Claims handler timescale query

The rules are that they should acknowledge receipt of complaints within 5 days and issue you a final response within 8 weeks.

[KEH80]

Re: Claims handler timescale query

WE DID IT!!!!!!

I would just like to update you and confirm that we won our case! We received a letter last night which I have attached to confirm that they were in the wrong to chase after fee's they were not entitled to. They were very apologetic and even offered very lame excuses for why were chased (as per attached letter).

Again, I can't thank you and your site enough for all the help and assistance that you have given me and I just wanted to let you know that I'm writing a post on facebook about my case with a link on to this thread to help anyone else who might have the same issues either now or in the future as the likes of Barclays have put aside another £600m for the reinvestigation of initially refused PPI claims.

Thanks again. You've helped us keep all of our money :0)

[EXC]

Re: *WON* !!! Claims handler timescale query

Excellent! Well done.

I've amended the thread title accordingly.