Cannot pay PPI invoice - what do i do next?

[neverrains]

Hi,
I am asking here for some advice in the hope that someone can help me what to do next?

In October of last year i received a cheque from Black Horse finance for a PPI refund. HD Law where named on the claim, i wasn't expecting any refund and hadn't put in a claim for any PPI from them. The claim was part of a joint claim so i presumed my ex husband had place a claim and i'd been traced to be given my half.

Today i have received an invoice from them for 20% of the claim (6 months after the PPI was paid to me|), i have called them to dispute this and they have sent me information with a digital e signature on it from back in 2019. i have no recollection of this at all, but i cannot dispute that is not my signature. They are asking for payment in the next 7 days, i do not have the money to pay them, would they accept a payment plan do you think?

Any help or advice would be greatly received.

[EXC]

HD Law are one of a few solicitors that are claiming people digitally signed up to authorise PPI claims on some 'free PPI check' ad via on Facebook or somewhere.

If you don't recall sign anything or didn't give them your informed consent to make a claim then you should absolutely make a formal complaint on that basis. If they don't uphold the complaint or respond to it within 8 weeks then you can take it to the Legal Ombudsman.

Even if it was your ex husband who made the joint claim it would have still required your consent to make you liable.

[neverrains]

Thankyou for your reply it is really helpful.
Some of the documentation they have sent me with my signature on I definitely haven’t signed. One of the signed forms is a Form of Authority which I certainly have never seen before. They have told me the device on which I made the signature on which is correct as well. It is quite possible they have obtained my signature from me signing up to a free PPI check which they have now added to these documents.

They are demanding I pay within the next 7 days, which obviously I do not have the funds to do. Would I be best sending an email disputing this and the methods they have used to obtain my signature? I certainly wouldn’t have asked them to go to Black Horse for any PPI because as far as I was aware I had received a payment from them many years ago regarding a PPI refund. Turns out all the refund I got was from loans I didn’t know existed that my ex had taken out in joint names over 20 years ago!

[EXC]

They are demanding I pay within the next 7 days, which obviously I do not have the funds to do. Would I be best sending an email disputing this and the methods they have used to obtain my signature?

Don't back and forth with them, they won't back down if you just argue the toss. The only way to deal with them is make a formal complaint. You may have signed up for a free PPI check but if you didn't realise you were also entering into a contractual agreement then you should complain on that basis. In the complaint tell them that until the formal complaints procedure has run its course (including going to the Legal Ombudsman) it would be inappropriate for them to continue to chase you for payment.

[neverrains]

I will make a formal complaint and see what happens. I don’t feel very confident but I certainly do not remember signing up to anything with them. It is highly likely I have signed up to a free PPI check with them. I have nothing at all from HD law saved in my inbox or any paperwork from them which I would have kept if I thought there was a claim going through.

[neverrains]

I will make a formal complaint and see what happens. I don’t feel very confident but I certainly do not remember signing up to anything with them. It is highly likely I have signed up to a free PPI check with them. I have nothing at all from HD law saved in my inbox or any paperwork from them which I would have kept if I thought there was a claim going through.

[neverrains]

Is this suitable to send as a formal complaint?

To the best of my knowledge I have never signed up for you to act on my behalf to make a claim against Black Horse finance. I am now wondering if I have signed for yourselves to undertake a free PPI check on my behalf but I have never been aware of entering into any contractual agreement with you.

Until the formal complaints procedure has run its course (including going to the Legal Ombudsman) it would be inappropriate for you to pursue me for payment of this invoice.

[Manxman]

You don't actually say it's a complaint...

I'd try as follows:

I refer to your invoice no. nnnnnnnn dated dd/mm/yyyy.

To the best of my knowledge I have never signed up for you to act on my behalf to make a claim against Black Horse finance. While it is possible that I may have signed-up for you to undertake a free PPI check on my behalf, I have never entered into any contractual agreement with you to pursue a PPI cclaim for me.

Please take this letter as my formal complaint against your actions in attempting to pursue a spurious debt against me.

Until this formal complaints procedure has run its course (including referral to the Legal Ombudsman if necessary) it would be inappropriate for you to pursue me further for payment of this invoice.

Something like that - but see what others think.

It might be worthwhile sending them a SAR too. (But again, see what others advise)

[neverrains]

Thank-you that’s worded much better! I’ll go with that, Thankyou for your help.

[Manxman]

See if others are happy with what I've suggested before you send anything

[neverrains]

I’ve sent HD law the above letter and they have just responded with the same info as they sent me last week with my signatures on! They haven’t responded to the fact I’ve made a formal complaint. Do I escalate now to the Ombudsman?

[EXC]

I’ve sent HD law the above letter and they have just responded with the same info as they sent me last week with my signatures on! They haven’t responded to the fact I’ve made a formal complaint. Do I escalate now to the Ombudsman?

Without having seen your complaint and their response it's difficult to say if you can now take it to the Ombudsman. The rules are that from the point you complain the solicitors have 8 weeks to issue a final response. When they issue a final response (or you don't get a final response within 8 weeks of you complaining) you can take it to Ombudsman at that point. If you're unsure as to whether the response you have got is a 'final response' then simply ask HD Law.

If & when you file your complaint with the Ombudsman you should inform HD Law that you have done so and tell them that until such time as the Ombudsman has made his decision it would not be appropriate for them to pursue you for payment.

Be warned that the Legal Ombudsman is currently quoting about 6 months lead time before they start looking at complaints.

[neverrains]

I pretty much sent them the response that Manxman suggested. This morning the complaint department sent me an email that was thanking me for my response and attached were documents with my signature on them (that they had already sent me last week when I spoke to them) and they hoped that she’d some light on the matter.

[EXC]

I'd respond and ask it it was their final response and go from there.

[neverrains]

Ok I will do that. If they say it is their final response, where do I go from there?