Claims Advisory Group payments by Baines & Ernst without permission

[longlily]

hi guys
i had a baines& ernst debt repayment plan a few yrs ago, and during that time in a phone call with baines, the caller asked me did i want any ppi or cpi help, on a no win no fee basis, so i said ok got nothing to loose (not realising how they work), and he passed me over to another company, claims advisory group. They sent forms etc, filled them out sent them back, and waited. Whilst waiting i noticed one month on my statement from B&E that there was a payment from my debt repayments to CAG for £30, then on checking past statements, there were quite a few payments made, so i called B&E and asked why they were paying them, as they hadnt mentioned taking any money upfront, and no one asked me to rearrange my debt payment to creditors, to allow for the £30 to CAG. B&E responded with "its so you dont struggle if your ppi claim is successful, as they may just pay off the ppi against your debts, and CAG would then need their fee"

i complained to CAG and they said they cant touch the money as its in a holding pot with B&E, and i left B&E that same day.

i never continued and just forgot about it, learning a lesson i suppose, but after coming here and reading all this great stuff, i wonder would i get it back, if so, who do i complain to B&E or CAG, amount involved was approx £300.

CAG didnt win my case, and left my cpi longer than the 18mths they specified on the application form, so there was no fee for me to pay them, and i never received a refund from either company

thanks in advance

[EXC]

Re: Claims Advisory Group payments by Baines & Ernst without permission

I'm not too up on debt management but I'll [MENTION=6]Amethyst[/MENTION] to take a look.

It sounds to me that you should complain to Baines & Ernst.

Do you have copies of what you signed with CAG or any communications from them?

For ref here are CAG's T&Cs http://claimsadvisorygroup.co.uk/res...conditions.pdf

[EXC]

Re: Claims Advisory Group payments by Baines & Ernst without permission

CAGS partner company all owned by the same man as Baines and Ernst are called Transac Solutions based in Salford. They collect all the PPR invoices.

http://forums.moneysavingexpert.com/...3393914&page=4

[Amethyst]

Re: Claims Advisory Group payments by Baines & Ernst without permission

Gosh, that's a different scenario. Yes you are entitled to a refund. The 'debt' wasn't owed at the time B&E took it on themselves to pay it. CAG hadn't asked for it ( as it wasn't owed) and it wasn't on your list of creditors.

You should make two formal complaints. One to B&E and one to CAG. Initial complaint to B&E, asking for that money back plus simple interest as they have held it (alledgedly).

How long ago was it exactly ?

How did you cancel with B&E ? (DMP Terms https://www.bainesandernst.co.uk/terms-conditions/ )

Do you have copies of the documents you signed - and did you sign anything further from Baines & Ernst or were the new docs just from CAG?

Do you also have copies of your statements from B&E showing the CAG payments ?

There could be knock on effects - other debts were not being paid that £30. How much were you paying into your DMP each month ?

If we get some of the info together and fact find a bit we can draft complaints to each of the companies in the first instance.

The only issue I can see is with the complaint against B&E that you let it go when you queried it on the phone.

Also, separately you might want to look again at the PPI issue direct with the bank/lender, as some of these CMC's are basically, just crap.


some bits from B&E terms

2d. Without prejudice to your right to terminate the agreement in the event of a serious breach by Us, You may also end this agreement at any time and for any reason, by giving Us written notice as per the details set out in clause 2c. If You provide Us with written notice to cancel outside of the “cooling-off” period, this agreement will then be at an end, however, We will be entitled to retain in full any fees which You have paid to Us and which have been received in Cleared funds.

4i. If at any time a change is made to the Monthly payment plan, We will send You an updated statement of account showing the details of the revised Monthly payment plan, the Set-up fee (where applicable), the Service fee and the Period.

[longlily]

Re: Claims Advisory Group payments by Baines & Ernst without permission

hi thanks for responding

i found an old email i sent b&e requesting my money back, this was in 2010, they ignored me as they were not regulated then.

i didnt let it go when i complained on the phone, i emailed CAG and they were the ones who replied saying it was in a holding account that B&E set up, i just cant find the email anymore. will look to see if i have any paperwork, but that is the reason i left B&E

[longlily]

Re: Claims Advisory Group payments by Baines & Ernst without permission

yes i have copies of some of the payments B&E made on my statements to CAG

i cancelled via email with B&E in 2011, january i believe, i will check to be precise, but it was somewhere around that time

[longlily]

Re: Claims Advisory Group payments by Baines & Ernst without permission

I'm not too up on debt management but I'll [MENTION=6]Amethyst[/MENTION] to take a look.

It sounds to me that you should complain to Baines & Ernst.

Do you have copies of what you signed with CAG or any communications from them?

For ref here are CAG's T&Cs http://claimsadvisorygroup.co.uk/res...conditions.pdf

will look for info i had, i cleared away a lot but i do know when i signed it was when they had on their forms they will deal with ppi within 18months, as i recall they kept phoning me to send them a signed form to allow them to deal with credit card cpi, but i refused, as i told them they failed with bank ppi and as more than 18mths had gone by i no longer wanted to deal with them, and i would persue my own cpi claim for free

[longlily]

Re: Claims Advisory Group payments by Baines & Ernst without permission

hi i only have the email i complained to B&E with, and one of the statements with my list of payments to my creditors, under which CAG was listed with an account number and £30 payment. So i shall write to B&E via email, and ask for copies of past statements, and for proof of permission for the CAG payments.

[longlily]

Re: Claims Advisory Group payments by Baines & Ernst without permission

Gosh, that's a different scenario. Yes you are entitled to a refund. The 'debt' wasn't owed at the time B&E took it on themselves to pay it. CAG hadn't asked for it ( as it wasn't owed) and it wasn't on your list of creditors.

You should make two formal complaints. One to B&E and one to CAG. Initial complaint to B&E, asking for that money back plus simple interest as they have held it (alledgedly).

How long ago was it exactly ?

How did you cancel with B&E ? (DMP Terms https://www.bainesandernst.co.uk/terms-conditions/ )

Do you have copies of the documents you signed - and did you sign anything further from Baines & Ernst or were the new docs just from CAG?

Do you also have copies of your statements from B&E showing the CAG payments ?

There could be knock on effects - other debts were not being paid that £30. How much were you paying into your DMP each month ?

If we get some of the info together and fact find a bit we can draft complaints to each of the companies in the first instance.

The only issue I can see is with the complaint against B&E that you let it go when you queried it on the phone.

Also, separately you might want to look again at the PPI issue direct with the bank/lender, as some of these CMC's are basically, just crap.


some bits from B&E terms

hi i am still getting used to this reply with quote stuff haha

anyhow, it was in 2010, but i didnt notice til nov/dec 2010, and believe i called them and complained, then i cancelled in jan 2011 approx, via email.

there was no letter to say they were adding CAG to my creditors, no authorisation from me, whatsoever.

i only signed the new docs from CAG at the time they sent me the pack, nothing else from B&E. B&E did a yearly review and asked every year for me to send my wage slip as proof of earnings for creditors but i never did send them off, and they never asked for them again either.

I have my email i sent them as a complaint, so that hopefully will show i didnt let it go, they didnt reply and i let that go, but i was in a vulnerable position and they should never have put me in that position.

i will send an email asking for past statements and what happened to the money in the CAG account, as they must know.

CAG didnt win anything for me they lost the bank claim with a refusal and they failed to act within the 18 month timeframe they themselves stated on the capital one credit card claim. Last year the bank sent me a cheque for £2400, out of the blue, and said it was after a review within the bank