Claim Management Company charges

[Amethyst]

Re: Claim Management Company charges

Best of luck with it, their last letter did seem quite reasonable so hopefully they will continue that.

Actually thinking on this part...


1. A copy of the form submitted to BOS is enclosed, and a copy of their acknowledgement, received some weeks later. There is no reference to Gladstone Brookes whatsoever on the response from BOS.


Are you also including a copy of the offer letter as well ?

[Dougal16T]

Re: Claim Management Company charges

Morning again

I am including a copy of the offer letter with the amount redacted - the letter is addressed to me and has no mention of GB on it!

Thanks for your input - if you can think if anything else, I will not be writing to GB until tonight.

They have breached the MOJ rules - I may complain, but all opinions are welcome.

Best wishes all
Dougal

[Amethyst]

Re: Claim Management Company charges

Perfect, the first and main thing is to get them to stop claiming they obtained the PPI refund from BOS for you and only charge you what is actually due to them (for the MBNA PPI claim which they haven't done yet apparently). Then deal with the MOJ.

To give GB the benefit of the doubt it does sound like MBNA were in the wrong in passing your details to BOS and BOS got it wrong in sending details of the wrong PPI claims back to MBNA, and on to GB. So I would hang fire until they respond to this letter before kicking up a stink with the MOJ.

[Dougal16T]

Re: Claim Management Company charges

Morning again

The PPI claim which GB were asked to do was MBNA.

In their letter they ask if I still want them to pursue MBNA, I have written that their instructions are terminated on MBNA forthwith.
No fees are therefore chargeable at all by GB.

Need I say any more?

Dougal

[TUTTSI]

Re: Claim Management Company charges

just check the T&C's Dougal,before you send that letter because they will possibly have a clause that they can charge for work done to date.

[Dougal16T]

Re: Claim Management Company charges

just check the T&C's Dougal,before you send that letter because they will possibly have a clause that they can charge for work done to date.

Work? What work?

They have done absolutely ****** all!

Out of interest I actually had TWO letters (on separate dates) from BOS acknowledging my claim, after I had first sent them (BOS) my PPI claim form.

On neither letter is there any reference whatsoever to Gladstone Brookes.

I will read the T and C's though....

Thanks for thinking of me,
Dougal

[Dougal16T]

Re: Claim Management Company charges

just check the T&C's Dougal,before you send that letter because they will possibly have a clause that they can charge for work done to date.

Morning all,

This taken from GB website when checking their T&Cs:

"FEE STRUCTURE

Our Fees

• Gladstone Brookes will take 25% + VAT (at the prevailing rate) of the amount that you receive, whether this is paid to you or off your loan. If we do not recover you anything, you do not pay us!"

Apart from this being very poor English, it seems to say it all. Clearly no win - no pay!

Letter in the post to GB today, and letter and details of breach of MOJ rules, prepared in draft form and sitting on my desk! I am just going to give GB a chance to respond to my letter - I shall wait 14 days, if nothing is heard then the letter will go to the MOJ (not just for my benefit, but for everyone involved with this 'company.'

Best wishes all,
Dougal

[EXC]

Re: Claim Management Company charges

This taken from GB website when checking their T&Cs:

"FEE STRUCTURE

Our Fees

• Gladstone Brookes will take 25% + VAT (at the prevailing rate) of the amount that you receive, whether this is paid to you or off your loan. If we do not recover you anything, you do not pay us!"

I think that only applies at the end of the claims process.

I've looked on their site but can't find GBs cancellation policy, although someone posted this on MSE: but I don't know where it came from:

Terms and Conditions

You are entitled to cancel this agreement at any point within 14 days of signing it. If you cancel after that time we are entitled to charge you a reasonable figure for the work that we have done.

http://forums.moneysavingexpert.com/...3&postcount=11

I'd be surprised if they didn't charge for cancelling. Do you have a copy of your T&Cs with them?

[Dougal16T]

Re: Claim Management Company charges

Morning all,

Many thanks and here is the letter sent today to GB:

Re: PPI

Dear Sirs,

I refer to your recent letter dated 22/1/2014.


1. A copy of the form submitted to BOS is enclosed, and a copy of their 2 acknowledgement letters, received by myself some weeks later. There is no reference to Gladstone Brookes whatsoever on either of the responses from BOS.

2. The Bank did not respond to Gladstone Brookes, it responded directly to me.

3. Your paragraph: 'Mr Rxxxxxxx, I feel the crux of your complaint is that you do not wish to pay fees on the correctly investigated credit card.' Is insulting, offensive and misleading - Gladstone Brookes did not correctly investigate any credit card, (or if they believe that they did); the only one which they were instructed to act on was with MBNA and not BOS.

4.In your paragraph 5 of your letter dated 22^nd January 2014 you state ‘….upon
receipt of a copy of your response received directly from your own claim in June, I will be happy to waive the fee invoiced….’ You now have those documents and in view of your comment this matter is now closed.

5. As far as your firm carrying out any act in connection with PPI on any loan, credit card, or otherwise: All or any instructions you claim to hold on my behalf, whether real or imagined, are cancelled irrevocably herewith.

a. Due to hearing difficulties I am unable to discuss this on the telephone.

b. Further there is only an implied license under Common Law for people to be able to visit me on my property without my express permission; ‘the postman and people asking for directions etc.,’(Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.)

c. Please take note therefore, that I hereby immediately revoke that license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and civil action will be taken.

d. Any contact between us must therefore be in writing.


OK, I have checked carefully their T and Cs and I do not see any problem, as they (GB) boast 'No win, No fee'. I have also provided copies of my original claim form which I personally sent to BOS and copies of the two letters in reply from BOS to me, and pointed out that GB are not mentioned on or in either of those letters.

I will let you know what happens.

Best wishes all,

Dougal

[Amethyst]

Re: Claim Management Company charges

You don't appear to have mentioned the offer letter and acceptance ? only the initial complaint and acknowledgment ?

[Dougal16T]

Re: Claim Management Company charges

[QUOTE=Amethyst;406564]You don't appear to have mentioned the offer letter and acceptance ? only the initial complaint and acknowledgment ?[/QUOTE

Morning all,

I apologise,and thanks for the prompt response, I have amended the letter and enclosed the requested documents!

What we must keep sight of is that GB were ONLY instructed to claim from MBNA, NO other bank. If they wished to act for me against another Bank, then they should have contacted me with any information which they had which would support their request for authority to act against the other Bank. They did not do this.

As for my acceptance from BOS this was actually done via the telephone at the request of BOS. They wanted to verify my identity and take details of my Bank Account to make the transfer. I received a letter from them asking me to contact them by telephone so that they could check my details.

Even at that stage I was wary, it all seemed to me very surreal, and I was still not sure that it would happen. The man I spoke to on the phone told me that it would take about 14 days for the money to be in my account.

Without any further contact or confirmation, the money arrived in my account 4 days later.

There is no doubt in my mind that when GB contacted MBNA, there was some 'merging of information' and someone, possibly at MBNA passed to GB the fact that I was obtaining a refund from BOS 'off of my own back'. I am thinking that that GB may well have paid their 'contact' at MBNA for this information. This is of course unlawful.

We shall see what happens next.

Best wishes and thanks everyone for your input, I'll keep you posted.

Best wishes all,

Dougal

[Amethyst]

Re: Claim Management Company charges

I think you're reading a bit too much into it, but glad you have enclosed the other letters for GB's attention. They should respond postiviely with regards the BOS claim. And they will probably invoice you for work done (they have done work, they wrote to MBNA and dealt with responses including the MBNA enquiry of BOS ) so that could be a few hundred squid, but cross that bridge when you come to it.

[Dougal16T]

Re: Claim Management Company charges

Hello again,

Thanks for the quick response.

My view is simple:

Their T and C's say 'No win, No Fee.'

Question: were they instructed by me to act in a claim against MBNA : Answer : YES

Question: did they obtain any refund from MBNA for me : Answer : NO = No Win, No fee.

Question: were they instructed by me to act in a claim against BOS : Answer NO

Question: did they ask me if the could act for me against BOS : Answer NO

Question: did they win anything for me from BOS : Answer NO = Because I did it myself

Question: did they win anything at all from anyone that they were instructed to pursue: Answer NO.

Sorry if this seems a bit blunt, but that is exactly how it is.

Thanks for all of the input, and I apologise if I seem 'hard-headed' (it's the old policeman in me coming out!), but the position in which GB are at present would appear (from their point of view) to be untenable.

It is a bit like me asking a tailor to make me a suit and the tailor measuring someone else for it!

Have a good day all,

Dougal

[Dougal16T]

Re: Claim Management Company charges

Good afternoon all,

Had a slightly muddled letter from Gladstone Brookes today.

They admit that MBNA were the firm they were instructed to act against. they say " I do understand that you were not aware that by authorising Gladstone Brookes to approach MBNA and giving authorisation for us to investigate all aspects of the card account, that due to the card being an acquired account from a previous bank, the complaint would be forwarded for the neccessary investigation."


They say that in view of the circumstances they are prepared to reduce their fees by 50%!! 'This offer is a gesture of good will in relation to a misunderstanding of how PPI claims are conducted on your part, and in no way an admission of any fault or liability."

I say you were only requested to act against MBNA - if you wish to change those instructions I should have been contacted.

A formal complaint will go to the MOJ monday.

Best wishes all,

Dougal

P.S: why are their letters always signed with a rubber stamp saying 'Gladstone Brookes' - is it to stop individuals being prosecuted....or am I being paranoid as usual???!!

[Amethyst]

Re: Claim Management Company charges

''due to the card being an acquired account from a previous bank,''

You have stated previously the MBNA was always an MBNA card and wasn't previously from BOS. If that is the position then I would stick to your guns.

''all aspects of the card account''

THAT card account, not that card account and any other card accounts we happen to come across.