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We have seen a few people that would meet hardship criteria with their claims stuck with bank charges reclaim companies.
I would like to look at the fees these companies charge, the service they provide and the kind of contract they have tying their clients to them, get out fees etc etc.
If we can try and build up some form of reference to help people who are paying for this kind of service and who are unhappy with it or who have suffered excessive fees from these companies and who want to leave them and carry on the fight on their own with help of free sites like Beagles, without slating the companies as they do serve a purpose. Then i think it will be really useful.
If you have information on how these companies work then please post in this thread and hopefully we can get some kind of a guide up.
Oh and if you happen to work for one or run one then please help ~ explain your charging structures, cancellation policies and what you are doing to help people in hardship ta.
Try and keep the thread factual please so it can serve to assist people.
The companies have to be registered by the Ministry of Justice and should always display something like this - and you should always check this out first.
is regulated by the Ministry of Justice in respect of regulated claims management activities.
Its registration is recorded on the website www.claimsregulation.gov.uk and our authorisation number is CRM11870
LIST OF SUSPENDED COMPANIES CMR: Claims Management Regulation
The Ministry of justice have also issued this advice to Claims Management Companies
they have also been pulled on on non compliance with the CPR with regards taking claims into court;
MOJ Bulletin - http://www.claimsregulation.gov.uk/u...08%20final.pdf
Businesses must comply with rules on complaints handling. If you are dissatisfied with the way that a business has handled your complaint you can ask the Regulator to review your case. A leaflet setting out the complaints procedure provides guidance on the issue.
I would like to look at the fees these companies charge, the service they provide and the kind of contract they have tying their clients to them, get out fees etc etc.
If we can try and build up some form of reference to help people who are paying for this kind of service and who are unhappy with it or who have suffered excessive fees from these companies and who want to leave them and carry on the fight on their own with help of free sites like Beagles, without slating the companies as they do serve a purpose. Then i think it will be really useful.
If you have information on how these companies work then please post in this thread and hopefully we can get some kind of a guide up.
Oh and if you happen to work for one or run one then please help ~ explain your charging structures, cancellation policies and what you are doing to help people in hardship ta.
Try and keep the thread factual please so it can serve to assist people.
The companies have to be registered by the Ministry of Justice and should always display something like this - and you should always check this out first.
is regulated by the Ministry of Justice in respect of regulated claims management activities.
Its registration is recorded on the website www.claimsregulation.gov.uk and our authorisation number is CRM11870
The Ministry of justice have also issued this advice to Claims Management Companies
On 27 July the Office of Fair Trading announced that a test case on bank charges is being referred to the High Court. The Financial Ombudsman Service has announced that pending the outcome of the case it has put its own work on hold; a similar response is expected from the county courts. This means that where a consumer has made a complaint through a claims management company then no further action is likely to be taken on the complaint until the test case is settled. Claims management businesses are being reminded that they must act in accordance with the contract that they have with clients. In many cases this will mean the claims management company putting the case on hold until the test case is settled. Claims management companies are being advised to communicate directly with their clients when they have considered the implications of the OFT announcement on their contracts. More details of the effect of the OFT announcement are given in a Financial Ombudsman Service press release which can be found in the Claims in respect of bank charges guidance note.
Claims Management Regulation Notice
Submitting a claim for unfair bank charges with a County Court
It has been brought to our attention by Her Majesty’s Court Service that some claims management businesses are not complying with the Civil Procedure Rules (CPR) when submitting a claim for unfair bank charges. The CPR govern the practice and procedure to be followed in courts, enabling them to manage cases coming to court and deal with them justly. This note is a reminder to those authorised businesses registered as providing regulated claims management services in the financial services sector of the need to comply with the CPR when filing a claim form with a county court.
Part 6 of the CPR sets out the rules relating to address for service and this explicitly requires that only the details of a party (claimant or solicitor) to the proceedings can be entered on the claim form. We understand that some businesses are incorrectly entering their business name and address in the space reserved for the claimant’s name and address. If a claim form with incorrect details has already been submitted, it will need to be replaced with a correctly completed claim form immediately.
Breach of the CPR could result in a claim being struck out of Court and loss of the Court Fee. It might also be viewed as a breach of our Conduct Rules relating to representation of clients.
Businesses should also note that they do not have rights to conduct litigation nor rights of audience. This means that businesses cannot provide any litigation services nor can they represent the claimant at a hearing without express permission from the Judge hearing the case and attendance by the claimant at the hearing.
The Civil Procedure Rules are available at Civil Procedure Rules Homepage.
The notes in the Conduct Rules will be amended in due course to clarify the position regarding representation of clients.
Submitting a claim for unfair bank charges with a County Court
It has been brought to our attention by Her Majesty’s Court Service that some claims management businesses are not complying with the Civil Procedure Rules (CPR) when submitting a claim for unfair bank charges. The CPR govern the practice and procedure to be followed in courts, enabling them to manage cases coming to court and deal with them justly. This note is a reminder to those authorised businesses registered as providing regulated claims management services in the financial services sector of the need to comply with the CPR when filing a claim form with a county court.
Part 6 of the CPR sets out the rules relating to address for service and this explicitly requires that only the details of a party (claimant or solicitor) to the proceedings can be entered on the claim form. We understand that some businesses are incorrectly entering their business name and address in the space reserved for the claimant’s name and address. If a claim form with incorrect details has already been submitted, it will need to be replaced with a correctly completed claim form immediately.
Breach of the CPR could result in a claim being struck out of Court and loss of the Court Fee. It might also be viewed as a breach of our Conduct Rules relating to representation of clients.
Businesses should also note that they do not have rights to conduct litigation nor rights of audience. This means that businesses cannot provide any litigation services nor can they represent the claimant at a hearing without express permission from the Judge hearing the case and attendance by the claimant at the hearing.
The Civil Procedure Rules are available at Civil Procedure Rules Homepage.
The notes in the Conduct Rules will be amended in due course to clarify the position regarding representation of clients.
Businesses must comply with rules on complaints handling. If you are dissatisfied with the way that a business has handled your complaint you can ask the Regulator to review your case. A leaflet setting out the complaints procedure provides guidance on the issue.
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