JPS Financial - Breach of Terms & Conditions of your signed agreement

[SilverCelia]

Good morning all!

I seem to have boxed myself into a corner by not paying full and proper attention to what I was signing and now don't know how to get out of it!!

A couple of years ago JPS Financial approached me for PPI claims. I told them that I had already received a payout from one card company and they said that they could chase up any other cards I might have claims for so, stupidly, I agreed.

Over the next months/years I seemed to be inundated with forms to sign and received several letters confirming that no claims were valid/successful....which I wasn't surprised about.

A few weeks ago I was then being bombarded with requests to sign yet another LOA under the threat of breaching the contract if I didn't....so, stupidly I signed! Then a couple of weeks ago I received a letter from JPS asking me to phone the company that I had already had the PPI payout from to get a copy of the claim decision........this is when I realised that they had been pursuing the card company that I had already had a payout from!

JPS are now saying that if I do not furnish them with the copy of the Claims Decision then I will be in breach of the agreement and that they will 'review the claim for closure' and will 'notify of the cost of closure for work completed and will apply for early termination of the agreement following the breach of terms'

Now I don't know what to do!!! If I provide the Claims Decision letter, will they then try to claim a proportion of the claim payout as apparently I signed authority for them to pursue the claim? However, if I don't provide the Claims Decision letter how much will they charge me for early termination of the contract???

I am so worried about this and I know it is my own stupid fault but can anyone give me any advice????

[EXC]

Firstly can you confirm that it's JPS Financial Ltd? As there are a few companies with similar names.

JPS are now saying that if I do not furnish them with the copy of the Claims Decision then I will be in breach of the agreement and that they will 'review the claim for closure' and will 'notify of the cost of closure for work completed and will apply for early termination of the agreement following the breach of terms'

Can you post up this letter (or text of it) please?

Also when they sent the recent LOA you signed, did they send an accompanying letter explaining why they wanted you to sign it, and if so could you post that up too?

[EnglandPi]

Can you attach a copy of the agreement?

[EXC]

Can you attach a copy of the agreement?

Attached.

[pt2537]

Was the contract concluded at distance? If so, where is the cancellation notice as required by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Seems to me that there may be a right to cancel that can be exercised upto 12 months after the contract if the contract didnt contain the right to cancel cancellation form

[SilverCelia]

Firstly can you confirm that it's JPS Financial Ltd? As there are a few companies with similar names.
Can you post up this letter (or text of it) please?
Also when they sent the recent LOA you signed, did they send an accompanying letter explaining why they wanted you to sign it, and if so could you post that up too?

Thank you for responding to my problem!! Yes, it is JPS Financial Ltd and I have attached a copy of the letter I recently received. Unfortunately I didn't keep a copy of the LOA that I signed and cannot even remember if it had an accompanying letter!!.....what a numpty I am!!!

[SilverCelia]

Was the contract concluded at distance? If so, where is the cancellation notice as required by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Seems to me that there may be a right to cancel that can be exercised upto 12 months after the contract if the contract didnt contain the right to cancel cancellation form

Thank you for your response to my predicament!! I guess you mean was the contract done by post?.....in which case, yes it was. Do I need to get a copy of the contract to see if there is a Right to Cancel clause?

[EXC]

Thank you for responding to my problem!! Yes, it is JPS Financial Ltd and I have attached a copy of the letter I recently received. Unfortunately I didn't keep a copy of the LOA that I signed and cannot even remember if it had an accompanying letter!!.....what a numpty I am!!!

Ok thanks.

Do you have the letter they're asking for? If not just tell them you don't have it and/or you're not aware of the bank's decision. Their letter says that that the LOA you recently signed was an update of an existing one so I don't see why they can't ask for it.

[SilverCelia]

Ok thanks.

Do you have the letter they're asking for? If not just tell them you don't have it and/or you're not aware of the bank's decision. Their letter says that that the LOA you recently signed was an update of an existing one so I don't see why they can't ask for it.

That is the problem! I do have the letter they are asking for as I had already had a payout via another claims company! I told them this when I originally signed up but they said that that was OK but they would chase any others that might be due (which they did but nothing else was due). Unfortunately I have nothing in writing to this effect and I am now frightened that they will try to claim on the payout that was made prior to their involvement as I mistakenly signed an LOA for that CC provider! I know I will have to pay for the work they have done on this (a couple of letters I guess) which is only fair in the circumstances but I don't want them to give me a huge bill for a percentage of the payout as I've already paid this to the other company!!

I know I will have to pay them something for their work (and my stupidity) but I don't know which is my best option here for damage limitation!

[EXC]

Well I'd be perfectly honest with them, send them the letter they're asking for and say you had originally told them about the previous claim. They can't possibly charge you a commision for it as it wasn't they who made the claim and also the LOA you signed was presumably only valid from the date you signed it, which post-dates the claim.

One other thing you should mention - the deadline for making PPI claims was August 2019 (it even says so on their site - see below), so they shouldn't be able to charge for any work on new PPI claims after that date.

If they respond negatively and still want to charge you something you can then make a formal complaint. I personally wouldn't offer them a bean.

[SilverCelia]

Well I'd be perfectly honest with them, send them the letter they're asking for and say you had originally told them about the previous claim. They can't possibly charge you a commision for it as it wasn't they who made the claim and also the LOA you signed was presumably only valid from the date you signed it, which post-dates the claim.

One other thing you should mention - the deadline for making PPI claims was August 2019 (it even says so on their site - see below), so they shouldn't be able to charge for any work on new PPI claims after that date.

If they respond negatively and still want to charge you something you can then make a formal complaint. I personally wouldn't offer them a bean.

?Thank you so much for that, I feel a lot happier knowing that they cannot ask for a commission on it. I think that is what I was most worried about as I am just not in a position to pay out a lot of money at the moment!!

[EXC]

Let me know their response. If they want to get cute we can always make a formal complaint and then go to the Ombudsman if neccesary, which they'll want to avoid as they'll incur a case fee regardless of the outcome.

[SilverCelia]

Wrong post!!

[SilverCelia]

Let me know their response. If they want to get cute we can always make a formal complaint and then go to the Ombudsman if neccesary, which they'll want to avoid as they'll incur a case fee regardless of the outcome.

Will do, thank you, I appreciate your help!

[Lisle22]

Hello there,

I'm quite new to this forum but was looking for help. Like the above I stupidly spoke to JPS Financial 2 years ago and literally heard nothing from them other then the odd phone call and emails which basically told me nothing. I'm now getting bombarded with phone calls and emails and now a letter in the post demanding I sign a LOA or risk being ''Charged'' by them for there time. I have replied quite sternly back and said literally back off and I told a member of staff I'm not interested and if not I will go to the FCA. See below what they have put and any help is ,much appreciated?



We write in respect of the above matter and further to the Letter of Authority (LOA) we have sent to you to sign and return to us.



As you will be aware, we have been trying to contact you by telephone so that we may discuss the LOA which we need signing and returning.



We note that we are yet to receive the LOA from you and want to ensure that your case is not being held up in any way. Therefore, please ensure that you sign and return this to us without delay as we are unlikely to be able to progress your case any further without this document. Once received, we will be able to handle everything from there.



However, if you have already sent this back to us, then please ignore this correspondence and we will be in touch with you should we require anything further.



Please note: Our signed contract with you allows us to charge a fee for work done should we not receive certain documentation (like a signed LOA) from you. We, of course, do not wish to do this, and is wholly avoidable should we receive the signed LOA, in order that we can progress your case