CMC chasing me for cash

[Naka_25]

Hi,

based in Scotland I used a CMC back in July 2015 regards ppi with several creditors, they had targeted me because I had previously been in a Trust deed

anyway over the course of 8 months they contacted the creditors and ultimately failed in any claim, I received my last latter from them in March 2016 stating that my claim for ppi had came an end. With the outcome of each claim against each creditor - unsuccessful

The letter wished me all the best for the future and thanks for using them, and that was that.

so in August 2019 I noticed via Martin Lewis website that people who had previously been rejected for ppi payouts should try again before the deadline, therefore I did via the banks website.

forward on to November 2020, I received an offer from my old bank which I accepted.

3 weeks later the CMC who I’ve not heard from for 5 years sent me an invoice for their cut, 30% + Vat

they have been threatening with letters , and court action even tho I haven’t even received the ppi payment as we stand today 18th feb.

my questions are, are they due this payment as they ultimately were unsuccessful? and do I have to pay before I get paid?

any advice much appreciated

Thanks

[EXC]

Hiya

From what you've described it sounds like you have a fair argument that the contractual agreement (and any obligations you had under it) ended at the point they informed you all the claims had failed.

I would consider making a formal complaint on that basis and if it's rejected you can then take it to the Claims Management Ombudsman who I suspect will take a similar view.

But before you do that it would be helpful to see the CMC's terms & conditions - who is the CMC?

[Naka_25]

The company is called McGinness Associates

[EXC]

Well they asppear to be authorised, which is good because they'll come under the jurisdiction of the Claims Management Ombudsman.

Their T&Cs Financial Claims Terms and Conditions - McGinness Associates don't give much clarity on when to contract ends but clause 2.2.3 does say the following:

Where the Provider rejects the initial Claim, or any offer of Compensation is less than an amount the Company considers fair and reasonable, the Company will review the decision and, if appropriate, refer the case to the Financial Ombudsman Service.

Given they they clearly didn't refer the case to the Ombudsman, I think that after 5 years of silence thereafter you would have had a reasonable expectation that you were free from the contract and could pursue any further claims yourself.

Could you post up one of the letters they sent you informing you the claim had failed and wished you all the best? I could thenm advise on how to draft a complaint if you'd like.

[Naka_25]

Hi, thanks for your help so far,

I tried uploading a picture of the last letter from them in 2016 however file size to big,

this is exactly how it read

Claims Progress Report


Dear Mr ***

we are writing to advise you that your claims for PPI have come to an end. As part of our process we challenge each lenders decision until we are satisfied that PPI has not been added to your account .

The final outcome of your claim is as detailed below,

( list of 8 creditors then mention all with status closed lost, stage unsuccessful)

I would like to take this moment to thank you for choosing McGinness Associates to claim on your behalf and we wish you all the best for the future.

[EXC]

The final outcome of your claim is as detailed below,

( list of 8 creditors then mention all with status closed lost, stage unsuccessful)

I'd like to see status list, could you email me the letter?

nick@legalbeagles.com

And could you also identify which claim on that list is the one you recently made yourself?

It might well help substantiate your complaint.