** SORTED ** Legal advice on claims management company

[jo901288]

Hi I used a claims management company (Goldsmith Williams) to claim ppi refunds. They were successful in most claims. However one of the Welcome loans I had wasn't due to them considering going into administration (they confirmed they would have paid out in the circumstances). The letter I received from the claims management company confirmed that, as the ppi was taken out in Oct 2002 and the FSCS will only review policies sold after Jan 2005, they have been unable to assist me (and the retainer is at an end and I was free to instruct another company to deal with it or pursue it myself). However I received an offer from Welcome who are now dealing with all claims direct. The claims management company emailed me and I replied that, as I was released from them, I would handle it myself (as I had already contacted Welcome several times for updates). I received the reply below:

"We advised that we were unable to take your claim any further under the FSCS rules who sent the attached final response were the point of contact at the time. Now that Welcome Finance are dealing with the final resolution, (who we contacted initially)!we are able to proceed on this basis, therefore your fee and our involvement does still stand due to the contingency fee agreement signed by you. Welcome Finance have contacted us with the final offer as we are still involved on the claim."

Can someone please advise if I have to resolve it through them (and pay 33% fees)? Bearing in mind they released me and advised I could use another firm. There was no mention in their letter that their services would be reinstated should Welcome deal with the claim direct. Also they advised that I only got this result because of them, however I contacted Welcome initially and got my account numbers (which I provided to the claims management company) therefore the outcome would have been the same. Sorry for the long explanation and hope someone can advise me.

[EXC]

Re: Legal advice on claims management company

A couple of questions:

The letter I received from the claims management company confirmed that, as the ppi was taken out in Oct 2002 and the FSCS will only review policies sold after Jan 2005, they have been unable to assist me (and the retainer is at an end and I was free to instruct another company to deal with it or pursue it myself).

Do you have this letter and could you post it up? Redact any personal info.

Also do you have and could you post up the contingency fee agreement?

[jo901288]

Re: Legal advice on claims management company

Hi I have got a picture of the letter and agreement but not sure how to put them on here (sorry it's the first time I've posted on here). Can you please advise? Many thanks

[EXC]

Re: Legal advice on claims management company

At the bottom of the 'Quick Reply' box click 'Go Advanced' and click the paper clip icon at the top.

There's a full guide here http://www.legalbeagles.info/forums/...r-details-safe!)

If you're struggling let me know and you can e-mail them to me.

[jo901288]

Re: Legal advice on claims management company

Hi EXC I'm really sorry I can't see the paperclip icon (the text is all over the place ... probably because I'm using my phone). Could I please email them to you? Thanks for your help

[EXC]

Re: Legal advice on claims management company

I've sent you a private message with my e-mail. Just refresh the page to get notification of it.

[jo901288]

Re: Legal advice on claims management company

Hi Nick I've emailed you. Thanks again

[EXC]

Re: Legal advice on claims management company

Got it, thanks.

The agreement states at clause 5 that they won't act if there's not a reasonable chance of a successful claim. The letter states that there isn't and explicitly states that your contract (and any of your obligations thereunder) had ceased.

I can't see you have any liability to them.

Have you made a formal complaint (and referred them to the letter)?

It might be useful if you could send me the first communication you had from Welcome and I'll get back to you in the morning.

[jo901288]

Re: Legal advice on claims management company

Hi Nick yes that's what I thought. I've formally complained and they are adamant that I should pay and offered to reduce the payment to 25%. I've refused and said I'm not prepared to pay. I asked them to confirm where it states in their letter that their services would resume if circumstances change. I have all correspondence at work so I'll email you everything tomorrow morning. Thanks so much for your help I really appreciate it.

[EXC]

Re: Legal advice on claims management company

Redacted docs attached for ref [MENTION=6]Amethyst[/MENTION]

Obviously Goldsmith Williams are solictors and not a CMC meaning they won't come under MOJ regulation.

What (and when) was the outcome of the Co Op bank and Blackhorse claims listed on the contingency fee agreement?

[jo901288]

Re: Legal advice on claims management company

Hi Nick

The Cooperative Bank paid out on both PPI claim and Packaged Bank Account claim (and I paid the Solicitors fees promptly). They could not find any account numbers for Black Horse Finance so they released me from their services (I managed to find an account number and made a successful claim myself).

Also, in the letter they sent me (that I emailed to you), they stated that there would be no charge for any of the work that they have carried out. Therefore, do I have grounds for refusal to pay based on this? Or, at the very least, pay a small proportion of their fees?

I will forward the email thread with Goldsmith Williams so you can see their responses to date.

As always, thank you for your help.

[jo901288]

Re: Legal advice on claims management company

Hi Nick sorry I didn't confirm when the Cooperative claims were settled - the PPI claim was paid out on 03/02/16 and the PBA was paid out on the 11/03/16. Thank you.

[EXC]

Re: Legal advice on claims management company

Thanks.

On this para in Goldsmith's e-mail to you:

In addition to the above, we only advised that we were unable to
pursue the claim after receiving the attached letter from the FSCS who
on 11/05/16 advised at the time the claim stood outstide jurisdiction,
which resulted in our letter advising the same to you. Since then a
follow up offer letter was sent to us due to a change in Welcome
Finance's situation, as WF were not entering into an insolvent
liquidation process, WF could now settle the accepted claims in full.
Therefore we sent a letter advising we could not take it any further
based on the FSCS dealing with WF refunds, but now that this has
changed and WF are able to settle their client claims direct, it has
resulted in a refund - a refund which we have been heavily involved in
making a success, our files and documentation are proof of this.

Were you ever advised by Goldsmith's about the 'follow up offer letter' that I've highlighted in bold and have you seen it? They don't say who the letter was from or to or when it was sent.

[jo901288]

Re: Legal advice on claims management company

Hi Nick

Yes the follow up letter was the offer letter from Welcome Finance (offering pay out on PPI claim) and it was received around the 24th August. This was sent to both myself and Goldsmith Williams (after I received the letter from Goldsmith Williams saying they could no longer help me, I contacting Welcome Finance a few times for an update and gave them my contact details).

Thanks, JO

[EXC]

Re: Legal advice on claims management company

Ok thanks. If it's not too much trouble I'd like to see that too.

From the e-mail thread they don't seem to have formally acknowledged your complaint, just reviewed your file and offered an explanation. It certainly doesn't say it's a final response to a complaint or look like one.

I'm wondering whether we should re-submit the complaint with a much more concise and evidence based version making it clear that you expect them to respond to it formally and in accordance with the SRA's complaints procedure. The thing is that it is this complaint that the Legal Ombudsman will consider if Goldsmith's reject it so it is important to get it right first time.

Can I suggest drafting one for you? It may take a few days so bear with me.

Also have you responded to their last e-mail of yesterday?