Claims Guys - Bill but un-signed paperwork

[JohnS303]

Hi and thanks for having me on the forum.

I'm looking for some help with The Claims Guys. I recently requested a PPI pack be sent to me to investigate if I had any accounts that they could help me with. I completed the various initial forms to start the process and the over the next couple of weeks received a variety of additional forms saying I had missed out vital information.

I then had a text from an old bank asking me to get in touch about 3 PPI claims which I did. Several weeks forward and on the 13th of Oct I had a letter from my bank and one from Claims Guys.

1. Bank - dated 13th Oct - offer of £6500, £1200 & £120 for the 3 accounts.

2. Claims Guys - letter dated 13th Oct saying the paperwork was missing vital information from my claim including signature - the part missing is the Letter Of Authority, I've kept this and haven't signed it.

I've now returned the bank offer direct to the bank accepting but I've had endless calls from the Claims guys and now today - 21st Oct letters wanting £3000 approx in fees for the above and again asking me to sign and agree then return the paperwork, which I haven't.

My question is, based on the fact that I have a letter saying I didn't complete the paperwork correctly from Claims Guys, where do I stand on having completed the claim directly with the bank on not paying the fees?

Thanks in advance
J

[Kati]

Re: Claims Guys - Bill but un-signed paperwork

[MENTION=332]EXC[/MENTION] ... might be one for you to look at here xx

[EXC]

Re: Claims Guys - Bill but un-signed paperwork

Reading...

[EXC]

Re: Claims Guys - Bill but un-signed paperwork

Sorry, keep getting caught on phone.

If you didn't sign a letter of authority they and the banks shouldn't be speaking to one another. Notwithstanding if the Claims Guys didn't make the claim for you or do any work in relation to it they cannot levy a charge in respect of it. In the first intance you should make a formal complaint on both points above. This means that if they reject it you then have the right to take it to the Legal Ombudsman who I'm pretty sure will uphold it and tell them to waive their fees.

[JohnS303]

Re: Claims Guys - Bill but un-signed paperwork

Thanks for the swift responses, very much appreciated.

The bank has written to me directly stating the offer, the paperwork clearly states that they will send any settlement directly to me and not to any CMC.

I've checked the references on the paperwork from The Claims Guys and the LOA ref matches the letter invoicing me for the work they have done.

I've had text messages today from the bank telling me they have received my acceptance letter and they will release funds by the 18th of Nov. Despite not having actually received the money yet I have had 6 missed calls from TCG and now the 3 requests for payment today. The request for money tries to insinuate that they have the money and they will release the remainder once I sign to agree to the charges, which is 30% + VAT

I see that TCG are currently under investigation, is it possible to know what that actually relates to and how this might affect how they handle customers?

Moving forward I'm happy to raise a complaint with them highlighting the LOA has clearly not been signed and See how that develops

[EXC]

Re: Claims Guys - Bill but un-signed paperwork

I see that TCG are currently under investigation, is it possible to know what that actually relates to and how this might affect how they handle customers?

Not other than what it says on the MOJ site ie:

The Claims Guys Limited is being investigated by the Claims Management Regulator under Regulation 35 of the Compensation (Claims Management Services) Regulations 2006 in order to determine whether it is in breach of the rules relating to due diligence.

I did complain to MOJ about the Claims Guys wanting their commission in advance of compensation awards but there is nothing in the rules that prevents them from doing so.

Let us know how you get on.

[JohnS303]

Re: Claims Guys - Bill but un-signed paperwork

Hi EXC

Just as a follow up to this, TCG state on the site that if you want to make a complaint you must do this either via email or in writing which I have done. They state on TCG website:

We will acknowledge your complaint within 5 working days of receipt and will aim to provide a full response within 8 weeks.

I have stated in the complaint I want all contact in writing either via email or letter

My question is that after 5 working days if they have failed to acknowledge, do I then have to wait for the full 8 weeks? Despite stating I only want to discuss via email, they have tried calling me 12 times in the last week.

Thanks in advance
J

[charitynjw]

Re: Claims Guys - Bill but un-signed paperwork

I'll give [MENTION=332]EXC[/MENTION] a nudge for you.

[EXC]

Re: Claims Guys - Bill but un-signed paperwork

The 5 working days acknowledgement is a regulatory requirement https://www.gov.uk/government/upload...s_2015_WEB.pdf

I doubt that you could go to the Legal Ombudsman until either the 8 weeks is up or until they give you a final response - whichever comes first.

It's up to you whether you should talk to them although personally I wouldn't.

[JohnS303]

Re: Claims Guys - Bill but un-signed paperwork

Hi

So I have got a little deeper into issues now with this PPI claim. It turns out that the RBS has decided to keep my money as I was involved in a trust deed dating back to the early 2000's. I had 3 loans from the RBS as follows:

Loan 1 - 1997 Solo Application - Awarded £120 PPI claim - held completely by the RBS by the Debt Management Operations team.
Loan 2 - 1998 Joint Loan with partner - Awarded £6500 PPI claim - held completely by RBS DMO team
Loan 3 - 199 Joint Loan with partner - Awarded £1200 PPI claim - paid £880 8% interest, remainder held by RBS DMO team

Since my first post, the Claims Guys are investigating my complaint regarding having not completed the paperwork correctly but chasing me for payment, I'm awaiting a response, but now I'm worried that if they continue to pursue me I will have almost no funds to settle with them having had the money held by RBS.

I have contacted the RBS and they say it's going towards the debt, despite me having worked through an agreed trust with all debts settled or written off having completed the agreed 3 years - This trust deed was done in Scotland. Having read online the RBS seem to be taking this standpoint on PPI.

What I don't understand is why do they pay me the interest in one account, but not all 3? as 2 of the loans were joint, can they hold all the funds and can the claims company chase me for a share of the full value of the PPI when my partner is due half and she's not part of the claims company agreement?

I called the RBS DOM team and they are unable to tell me anything over the phone right now as they are struggling to locate paperwork on the case, they have stated that they will respond in 28 days having reviewed, after that I can take my case to the FOS.

This has become a total nightmare and I'm stressing at being chased for a bill I can't afford to pay for money I might not receive.

Can you shed any light or any advice?

Thanks
J

[EXC]

Re: Claims Guys - Bill but un-signed paperwork

I've no ideavabout Scottish trust deeds but I think that RBS are entitled to set off the PPI compensation to them.

As I understand it, if the PPI policy covered both people the PPI compensation on joint loans should be split and awarded equally to whoever complained (claimed) -so if only you complained only you should be awarded your share. You should have got interest on each one and quite a lot given how old the loans were.

On the Caims Guys we really need to establish what paperwork you signed and what you didn't. Their T&Cs state that the contract (and thus their ability to charge) is struck at the point that you complete and return the ''Lender Questionnaire'' - see clause 3 a, c, & d http://www.theclaimsguys.co.uk/app/u...11/TCG-TOE.pdf

[JohnS303]

Re: Claims Guys - Bill but un-signed paperwork

Loan 1 - PPI £47.30, 8% Interest £71.32, minus tax leaving £104
Loan 2 - PPI £3569.57, 8% Interest £4077.22, minus tax leaving £6831.35
Loan 3 - £599.80 PPI, 8% Interest £846.16, minus tax leaving £1276.73

So from this they have sent me a cheque for £883.88 attached to the Loan 3 paperwork

I don't understand why they have appeared to pay the interest on that loan but not all 3, I can see why they would keep the money for the PPI, but not the interest on the 3.

As for the Claims Guys - I had been advised that they should have asked me if I had been through a Trust Deed and been aware of the situation with RBS not paying out any money in this situation as it's been covered heavily online. I have attached the letter with relates to all 3 loans sent to me at the same time I received the offer from the bank for PPI settlement.

[EXC]

Re: Claims Guys - Bill but un-signed paperwork

Ok thanks.

Sorry I've got to dash but I'll take a look and give you my thoughts first thing.

[EXC]

Re: Claims Guys - Bill but un-signed paperwork

Loan 1 - PPI £47.30, 8% Interest £71.32, minus tax leaving £104
Loan 2 - PPI £3569.57, 8% Interest £4077.22, minus tax leaving £6831.35
Loan 3 - £599.80 PPI, 8% Interest £846.16, minus tax leaving £1276.73

So from this they have sent me a cheque for £883.88 attached to the Loan 3 paperwork

I don't understand why they have appeared to pay the interest on that loan but not all 3, I can see why they would keep the money for the PPI, but not the interest on the 3.

I'm not quite with you here. RBS appear to have awarded you interest on all 3. You're saying that the cheque they sent you for £883.88 is the interest in relation to loan 3 but that is £846.16 minus tax.

As for the Claims Guys - I had been advised that they should have asked me if I had been through a Trust Deed and been aware of the situation with RBS not paying out any money in this situation as it's been covered heavily online.

The guidance to CMCs issued by MoJ states that they must make 'clear to consumers at the outset' that you could end up paying more in fees than you actually receive in compensation and that they should 'only pursue a claim where it is in the interests of a client to do so' https://www.gov.uk/government/upload...-companies.pdf

They might argue that their T&Cs cover that at clause 4 b http://www.theclaimsguys.co.uk/app/u...11/TCG-TOE.pdf but it's not 'clear' in my view.

I have attached the letter with relates to all 3 loans sent to me at the same time I received the offer from the bank for PPI settlement.

I would say that if you didn't return the letter of authority you havn't provided them with your consent to deal with RBS. But the letter you posted makes reference to a 'PBA Questionnaire' so it might only apply to a possible possible claim for packaged bank account fees rather than PPI. As I said we need to establish if you had already sent them a lender questionnaire for the PPI on the loans.

[JohnS303]

Re: Claims Guys - Bill but un-signed paperwork

I'm not quite with you here. RBS appear to have awarded you interest on all 3. You're saying that the cheque they sent you for £883.88 is the interest in relation to loan 3 but that is £846.16 minus tax.


The guidance to CMCs issued by MoJ states that they must make 'clear to consumers at the outset' that you could end up paying more in fees than you actually receive in compensation and that they should 'only pursue a claim where it is in the interests of a client to do so' https://www.gov.uk/government/upload...-companies.pdf

They might argue that their T&Cs cover that at clause 4 b http://www.theclaimsguys.co.uk/app/u...11/TCG-TOE.pdf but it's not 'clear' in my view.



I would say that if you didn't return the letter of authority you havn't provided them with your consent to deal with RBS. But the letter you posted makes reference to a 'PBA Questionnaire' so it might only apply to a possible possible claim for packaged bank account fees rather than PPI. As I said we need to establish if you had already sent them a lender questionnaire for the PPI on the loans.

I think the reason they have paid me £883 is this is an adjust value based on the fact that it's taken a further month from when the initial letter with the offer of £846 was sent to me. But the cheque was attached to the document relating to Loan 3. What I don't understand is why Loans 1 & 2 also wouldn't be paid out for the interest, this has been held by the RBS.

I have completed forms and returned them, that I do know, but they then returned many back to me saying there were multiple issues and that I had to completed more, which I didn't. The whole process had moved from being simple to me being asked to endlessly complete paperwork, I felt the simplicity offered had long since gone and I stopped completing what they returned to me. Then as soon as the RBS got in touch, that's when I received 3 bills for work but also the letter I attached asking me to complete more paperwork and return, which I haven't. It's that letter along with the bill I have sent back to TCG as a complaint. If they refuse to uphold my complaint, my next course of action would be to raise the issue of not actually receiving anywhere near the amount first offered by the RBS due to my trust deed dating back to 2000. What I don't want is a £4k bill and only receiving £883 from the bank then struggling to pay and being taken to court.

There has been a couple of legal challenges from people in a similar situation with RBS but those haven't gone well
RBS Vs Alison Donnelly - she lost but I think the case has gone to appeal

https://www.scotcourts.gov.uk/search...0-ff0000d74aa7

RBS Vs David Mond

http://www.shepwedd.co.uk/knowledge/...ainty-scotland

To prevent the issue of more PPI being found with other banks I may have and losing the money to TCG, how do I remove they're interest in my account, can I?

Thanks for all the help

J