Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi Tools,

Thank you.
Just to reply:

Did you have any written agreement with "witholding company" regarding referring leads and payment for that service, if not on what basis were you paid previously to this?

1. No. I didn’t have a written agreement with Witholding Company.

There is an email I sent on Sunday 24th August 2008 to one of the ex-directors stating that I was happy to be onboard with the business and looking forward to promoting it and receiving payment.

My services were taken on as an introducer as it is known that I’m a networker that would promote my website and hence bring forward prospects/clients.

2. The basis of my previous payments was that all sign-ups were affiliated to me from my specific website. Once a prospect registered their interest, the information was filtered through to the website back-office, hence they could see that I was the referrer. I was then paid commissions due.

I had a specific website name that was allocated to me. This is now defunct and/or is pointed to their main website name.

To get my commissions, I was told to invoice the company, which I did. On each invoice I stated the clients name as a cross-reference.

As further proof, my bank statement shows two payments totalling £300.00. One for £100.00 on 26th September 2008 and £200.00 on 3rd October 2008.

If not, and correct me if I am wrong, are referrers exempt from needing agreements (not MOJ authorisation) with cmcs if they refer less than 25 leads in total during any calendar quarter.

That’s a good question. I’m unsure of the answer. All I know is that they had previously paid me when I requested it upon sending them invoices.

In an email dated Thursday 11th December 2008 after I requested an account update where Withholding Company replied, I sent through the two invoices for £400.00 .

They then stated that they didn’t have my full contact details and requested this from me, even though they’d previously paid me in September and October 2008.

In February 2009 because of my dispute with Withholding Company, I actually telephoned and spoke to an MOJ representative.
I was given a contact name and reference number regarding my query and sent details to them (received in a reply letter from Withholding Company) where the company were twisting the MOJ guidelines to suit their own purpose.

A few days later an email newsletter came through from the MOJ to all member businesses about CMC’s and their relationship/treatment of agents which included a new payment clause.

In March 2009, the MOJ contacted me on my mobile saying that they couldn’t get involved with my dispute as they saw it as an ‘internal’ one, but they wished me luck in getting it resolved.

Were you referring 25 or more leads in total to this and any other company during a quarter.

No. I never reached the limit of 25 leads.

Every prospect that registered an interest, I received notification of this by email.
I knew that to exceed this I would need MOJ authorisation.

My introducer services were completely exclusive to Withholding Company.
　

[Amethyst]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hiya xx

Okay, witholding companys excuse for not paying you the December invoices was that you needed to have an agreement with them due to MOJ guidelines.

Up until December you had been receiving payment on invoice with no problems.

You didn't introduce any more than 25 referrals per calendar quarter.

The documents, from pre July 2008, only state the forms included and 'membership fees' would be required for introducers who wished to introduce over 25 per quarter. As you did not you were therefore exempt and the company did not indicate any requirement to make any agreement with them.

The Conduct of Authorised persons rules states

Exempt introducers
18. Where a business accepts introductions from exempt introducers it shall –
a) satisfy itself that the introducers are entitled to be exempt;
b) be responsible for ensuring that the exempt introducers comply with the
client specific rules on advertising, marketing and soliciting business, and
c) supply to the Regulator on request details of payments made to, and
other benefits provided to, exempt introducers.

this does not state there needs to be an agreement.

email newsletter came through from the MOJ to all member businesses about CMC’s and their relationship/treatment of agents which included a new payment clause.

I have not seen this email and can't see anything on the MOj claims regulation site.
http://www.claimsregulation.gov.uk/u...20Guidance.pdf was published in november 2008 but doesn't impose any new rules on introducer arrangements barring solicitors, so i can only assume it is this

http://www.claimsregulation.gov.uk/u...20July09-1.pdf

Introducers acting as agents for a business
Where introducers are in effect agents of the business, then if there is a proper agency
contract they are covered by the business’s authorisation. For example, where a claims
management business employs agents to market the business in obtaining work or
representing the business in dealing with clients, then the agents will not require
authorisation. In doing so, the agent would use the authorised business’s name, branding
etc. in their dealings and the client would be contracting with the authorised business.
Agents are also required to comply with the same rules as the authorised business,
particularly the Client Specific Rules, and the rules on marketing and advertising
Purchasing advertising space, for example, in a shop, does not necessarily mean that the
shop has to obtain authorisation, because the advertisement should say who the consumer
should contact. If the shop gathers the claim information and refers the details on, the owner
will need to check if they fall under the exemptions or need to be authorised

which is regarding Agents - which you were not.

As an exempt introducer you did not need (under MOJ rules) authorisation nor an agreement with the company, it was simply an invoice/pay relationship - you provided a service to them for which you invoiced them and they paid you under the standard introducer terms that they intially sent out to you/discussed by email.

I don't think your POC needs to go in to any of this.

You just basically need to say they owe you the money on the invoices as you provided the service, attach the invoices, then see what defence they come up with, then if need be go back in with all the technical stuff.

The only reason for them not to pay would be if they had turned down/rejected the referrals.

[LuggerBugs]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

The only reason for them not to pay would be if they had turned down/rejected the referrals.

Or if they had so many on their books, that they are sagging under the weight, and can't get them processed quickly.

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Guys,
Thank you very much.

Amethyst, I recognise the extract from that pdf. I believe it's the same one.

At last...clarity amongst the fog.
Now I can press on with my claim.

Thanks to everyone for your input with my query.
I deeply appreciate it.

Enjoy the weekend!

AdvS1.

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi Everyone,

Hope you are all keeping well?

Just wanted to let you know that yesterday (Monday 7th Sept), I went to the nearest Court to me and handed in the completed N1 Claim form (with paperwork attached i.e. invoices, reminder, LBA) as well as a completed accompanying EX160 Application for a Fee Remission form.

On handing over, I asked the Receptionist/Cashier if I needed to receive a receipt.
She said no.

She advised me that it would take 7-10 days for the paperwork to be looked over and to process the Remission Fee form.

Once completed and/or approved, I will hear from the Court re: a Claims number and then the paperwork will be sent out to the Defendant.


Now I'll move onto the next claim.

Regards,
AdvS1.

[TUTTSI]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi ADV,

I look forward to hearing that you receive a fabulous result. :thumb:

Tuttsi xx

[Amethyst]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Great news, keep us updated and if we can help in any way along the way let us know

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Thank you so much,

I will certainly keep you posted.

Hugs,
AdvS1 xx

[enaid]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Loverly Jubberly xx

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Thanks Enaid.

After going to court today to hand in another n1 claim form, I made enquieries about this claim.

I was told by the Receptionist/Cashier that the court is currently dealing with a back-log of claims and that I should call them later next week for an update.

I'll continue to keep you posted.


Warmly,
AdvS1.

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi Guys,

Today I received my claim back from the Court with a covering letter.
It stated:

"The Court has been unable to approve your request for a fee remission for the following reasons:

- the letter that you have provided showing your tax credit award is a copy document not an original

If you do not agree with my decision, you may appeal in writing to the Court Manager. Please file any appeal by 4.00pm 6th October 2009 stating full reasons for your appeal and providing the appeal officer with the original evidence and any further evidence to support your appeal. The appeal officer will reply to you within 10 days of receiving the appeal."


When I handed in my form I had a copy of my WTC form attached.
After reading the EX160a guide form, I thought that I could hand it in as a copy version with my back-up info attached.

Have I missed something here?

Regards,
AdvS1.

[Amethyst]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

You need to send originals of your evidence of income, they do return these to you within a few days.

[Tools]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Also, if you take the documents to the Court in person, you can get the clerk to verify they are the originals, then take a copy of them, this has been acceptable at my local Court before, telephone them to ask.

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi there Tools/Amethyst,

I was at the Court on Friday and explained the situation to the Clerk, showing him the letter and paperwork received from the Court.

He took my original form and handed the copy back to me.

He stamped the copy to show that I was there on that day.

This is the same situation with my other claim.
He gave me the contact name and number to call when I receive any returned paperwork from the court to tell them that the original form is already with them.

I guess I'll just wait and see the next stage in the process?

Thanks :tinysmile_hmm_t2:
AdvS1.

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi Guys,

Just an update re: this claim.

On the Notice of Issue is stated the following:

“Your claim was issued on 07 October 2009. The courts sent it to the defendant by first class post on 14 October 2009 and it will be deemed to be served on 16 October 2009. The defendant has until 30 October 2009 to reply.”


I haven't heard a peep from the Defendant, whether it's due to the Postal strike or not?
Tomorrow is the last day for me to hear from them.

Can you advise on my next steps?


Regards,
AdvS1.