UClaim4Me have used an electronic signature for LOA without my consent

[Miss358]

Hello everyone!

I will cut to the chase!!!

THE BACKGROUND:

UClaim4Me cold called me on 2nd July regarding PPI.

Ininformed then if they could chase GE Capital I would go ahead with them as I’ve been unsuccessful myself. They asked me for a list of all previous lenders albeit I was only interested in perusing GE. On the phone call they requested I provide an electronic signature via a text link that brings you to a blank box to “sign”.. this was to get the ball rolling so they said.

After the phone call I decided not to bother with them as the commission was 30%+VAT. So I never responded to them again.

They sent me a text 24th October “your claim is on hold, we need proof of identity, address and a “new” letter of authority to be signed ASAP” stated they had sent these in the post ( never received).

On 13th November, I received an offer of settlement from Cooperative bank for £600 UClaim4Me have been Cc’d into it.

Cooperative have send me a copy of a signed LOA with an electronic signature signed July 2nd ( the date of the cold call) . I have never seen this LOA and I never signed it.

The point here is that I never signed a LOA for any lender and at no time did UCLAIM4ME request I sign any LOA in the cold call.

Three members of staff have confirmed today (2 being managers) that they do not hold any signature on my file.

My question is are they allowed to do this or are they in breach of the regulations by using an electronic signature on an LOA I have never seen without my express consent.

I have made a complaint to UCLAIM4ME that has been escalated to the Head of Accounts who states the other staff did not look properly in my file and there is an electronic signature that I signed while on the phone during the cold call. He feels UClaim4Me have done nothing wrong and further states they do not have a recording of the cold call on July 2nd.

where do I go from here?


Many Thanks in advance

[Amethyst]

When you say electronic signature do you mean an x in a box type thing or a digital reproduction of your actual signature ?

On the phone call they requested I provide an electronic signature via a text link that brings you to a blank box to “sign”.. this was to get the ball rolling so they said.

did you do that at the time and do you have this link in your browser history or anything to look and see exactly what it was you were allegedly signing.

Did they email or post you any documents after this phone call at all ? Ref http://www.legislation.gov.uk/uksi/2013/3134/made

[Miss358]

Hi Amethyst,

Many Thanks for the response, I am perusing the link you sent me now.

in answer to your questions:

1. They sent a URL link via text while I was on the phone during the “cold call” and request I sign it while on the phone.

2. I still have the link on Text History. I pressed the URL today and it takes me to a landing page ; “google omnisign “ . The page just shows a blank window to insert a signature, no other information is given on that landing page. There is clearly no information on the link as to what the electronic signature is in relation to if that makes sense.

3. They have only communicated by text, they may have tried to call me but I don’t answer my phone if I don’t know the number. I did not receive any kind of “pack” in the post.

4. The chronology of texts would back me up on this.

24th October I received a text stating my claim was on hold as they requested proof of ID, address and signing of LOA’s. I never responded to this text nor received any kind of “pack” in the post.

14th November I received a text requesting an electronic signature via another URL link.
This text came after ringing UCLAIM4ME asking how they managed to send Cooperative a signed LOA without me ever having consented to this or ever knowing a LOA was even in existence. I was complete ambushed over the phone for an electronic signature during this call.

The alleged signed LOA received by Cooperative is dated 2nd July, the date of the cold call.

Thamks again for looking at this Amethyst. Xxxx

[Amethyst]

Hmmmm definitely not right is it.

Are Uclaim4me asking for their commission on the co-op refund ?

would you be able to do a picture of the signed LOA co-op sent you pls.

Do you you know what other lenders details you gave them ?

[Amethyst]

Also keep a screenshot of that Omnisign page and the text / email link they sent you - you might need it later

[Amethyst]

They sent me a text 24th October “your claim is on hold, we need proof of identity, address and a “new” letter of authority to be signed ASAP” stated they had sent these in the post ( never received).

did that refer directly to co-op or all claims - and did you sign anything then or just ignore the message ?

[Miss358]

Hi Amethyst,

I have uploaded 3 screenshots. The LOA sent by Cooperative to me today. The other two are directly from the URL link they sent me via text during the cold call on 2nd July.

1. They have made no request for any commission. Other than stating what their commission fees were during the initial cold call. I called them on Wednesday immediately when so received the offer letter from Cooperative, informing them I did not sign or consent or have any knowledge to the LOA they had sent to COop, the lady on the phone ambushed me for an electronic signature ( I did not oblige) and said they would drop their fee to 20%+VAT. ( I did not entertain this either).

2. In the initial cold call 2nd July, I was adamant I was only interested in GE Capital as I had no luck with any other lenders in the past. I was ambushed into giving the names of a number of past lenders. The cold call lasted a total of 15 minutes ( So I was told today by the head of accounts).

3. The text on 24th October did not refer to any specific lender and I just ignored the text.

xxx

[Amethyst]

Good gracious that's simply fabrication isn't it. They texted you the link to that omnisign page ? Any explanation what you were signing in the text ? Any emails with copies of the documents you'd allegedly signed ? Or terms and conditions ? or just what they sent you by post ? lol
Did the stuff they sent you by post say to sign and return letters of authority to instruct the company or was it worded as though they were copies of what you had signed/agreed to ?

Formal complaint cancelling any agreement they think you are in with them, copied to the Claims management regulator. You'll want to reference the cmc rules as well as consumer contracts regs ( will have a look Monday probably now )

Also a Subject access request to Uclaim4me ( to include any call recordings ) and separately inform your creditors that you did not give them permission to act on your behalf. Possibly a complaint to the ICO over the possible data breach ( you didn't agree for them to give your details to the lenders) and maybe, If Uclaim4me insist on commission or cancellation or even breach of contract charges, the Legal Ombudsman.

[EXC]

Soooo the LoA is for Waterloo Solutions Ltd but the authorisation number quoted doesn't exist. Waterloo Solutions Ltd are authorised under a different ref and have just been placed as under investigation by the regulator.

https://www.claimsregulation.gov.uk/...ddate=99991231

I think the main point here is that the claims management regulations expressly state that you should not be asked to sign anything during the initial cold call - see sec 6 https://www.gov.uk/government/public...mr-bulletin-27

I have made a complaint to UCLAIM4ME that has been escalated to the Head of Accounts who states the other staff did not look properly in my file and there is an electronic signature that I signed while on the phone during the cold call. He feels UClaim4Me have done nothing wrong and further states they do not have a recording of the cold call on July 2nd.

If you've already complained and have received a response than you can go straight to the Legal Ombudsman.

[Amethyst]

From EXCs link for ref



6. Customer information, contracts and signatures


Client Specific Rule 11 of the CAPR requires you to provide consumers with specific pre-contractual information including terms and conditions. The Provision of Services Regulations 2009(Regulation 11) states that such information must be supplied “in good time before the conclusion of the contract”.

If you contract with consumers over the telephone or in person e.g. marketing stands, then you must allow consumers sufficient time to read and consider the documentation before they sign the agreement. So far we have taken enforcement action against two CMCs Rock Law Ltd and Falcon & Pointer Ltd for failing to allow consumers sufficient time to consider the paperwork provided (as well as other issues).

We are advising CMCs that they are certainly complying with these provisions if they allow 24 hours for the consumer to consider the pre-contractual information (including terms and conditions) before they sign the contract.

[Miss358]

Good gracious that's simply fabrication isn't it. They texted you the link to that omnisign page ? Any explanation what you were signing in the text ? Any emails with copies of the documents you'd allegedly signed ? Or terms and conditions ? or just what they sent you by post ? lol
Did the stuff they sent you by post say to sign and return letters of authority to instruct the company or was it worded as though they were copies of what you had signed/agreed to ?

1. They text the URL link to the Omnisign page during the cold call on 2nd July, I will upload a copy of the text. It has no explanation other than; ' Thank you for using UCLAIM4ME, to sign now, please go to (URL ) or alternatively call us if you need any assistance on 0203 763 2699' .

2. I did'nt receive anything by post or email ( they don't have my email address ), I've never seen any documents or knew there were any in existence, no terms or conditions, no nothing! They never even signposted me to any terms and conditions.

3. Amethyst, nothing has ever been posted to me, no documents, no welcome pack, no LOA's to sign, nothing... with exception of a letter today breaking down their cut of the £600 and copies of the settlement documentation they have received from Cooperative. I'm going to search the house for unopened letters, I've already looked twice and can't find anything.

[Miss358]

From EXCs link for ref



6. Customer information, contracts and signatures


Client Specific Rule 11 of the CAPR requires you to provide consumers with specific pre-contractual information including terms and conditions. The Provision of Services Regulations 2009(Regulation 11) states that such information must be supplied “in good time before the conclusion of the contract”.

If you contract with consumers over the telephone or in person e.g. marketing stands, then you must allow consumers sufficient time to read and consider the documentation before they sign the agreement. So far we have taken enforcement action against two CMCs Rock Law Ltd and Falcon & Pointer Ltd for failing to allow consumers sufficient time to consider the paperwork provided (as well as other issues).

We are advising CMCs that they are certainly complying with these provisions if they allow 24 hours for the consumer to consider the pre-contractual information (including terms and conditions) before they sign the contract.

So surely with my coborating evidence of the date of the cold call being the same time as the Omnisign text on 2nd July coupled with the date on the LOA being 2nd July would be enough for me to prove that it would have been impossible for me to have seen or be made aware of any terms and conditions in good time ( in my case, no information has ever been supplied, never mind in good time). I have never been given any documentation to consider! I would imagine that is illustrated by the date on the LOA ( bearing in mind I did not even sign this, proved by the text url omnisign link, not to any LOA document.

[Miss358]

Amethyst, here is the chronology of texts received in their entirety.

[Miss358]

Soooo the LoA is for Waterloo Solutions Ltd but the authorisation number quoted doesn't exist. Waterloo Solutions Ltd are authorised under a different ref and have just been placed as under investigation by the regulator.

https://www.claimsregulation.gov.uk/...ddate=99991231

I think the main point here is that the claims management regulations expressly state that you should not be asked to sign anything during the initial cold call - see sec 6 https://www.gov.uk/government/public...mr-bulletin-27




If you've already complained and have received a response than you can go straight to the Legal Ombudsman.

Many thanks EXC!

EXC..the plot thickens by the day at the moment!
My complaint has been over the phone and escalated over the phone: call centre manager to resolutions manager to head of accounts. I will formalise my complaint in writing and wait for a written response before going to the Legal Ombudsman, I want to do everything properly. I am preparing my draft complaint now and I will post it here first and would be over the moon if you or Amethyst could run your eyes over it before I send it.

I take it that I should omit any knowledge in my written complaint regarding the different regulation number on the LOA and keep the focus on the regulatory breaches in the first instance?

[Miss358]

From EXCs link for ref



6. Customer information, contracts and signatures


Client Specific Rule 11 of the CAPR requires you to provide consumers with specific pre-contractual information including terms and conditions. The Provision of Services Regulations 2009(Regulation 11) states that such information must be supplied “in good time before the conclusion of the contract”.

If you contract with consumers over the telephone or in person e.g. marketing stands, then you must allow consumers sufficient time to read and consider the documentation before they sign the agreement. So far we have taken enforcement action against two CMCs Rock Law Ltd and Falcon & Pointer Ltd for failing to allow consumers sufficient time to consider the paperwork provided (as well as other issues).

We are advising CMCs that they are certainly complying with these provisions if they allow 24 hours for the consumer to consider the pre-contractual information (including terms and conditions) before they sign the contract.

Amethyst that is very kind of you to pinpoint this for me, you have saved me hours of research. I am very grateful for this. I am drafting the formal complaint now an will post it he before sending.