Claim4You problem - demand letter for cancellation fee

[Gordonska]

I have a problem with Claim4You Ltd. - They started last year a few investigations to see if they can claim compensation on a few possible PPIs for me, on allegedly 'no win - no fee' basis. However, after a few months after getting nowhere with the banks (who rejected them), they started asking me to fill additional forms and provide additional information that I either do not have or cannot remember (as those instances were many years ago). -- Now they've sent me a threatening letter stating that they will close all open cases and they demanded a cancellation fee of £450 +VAT (£540 per case)! Absolutely shocking.
-- Is there anyone you know who can help me or guide me? --

[Amethyst]

Claim4you Ltd

Posting on behalf of Consumer

I have a problem with Claim4You Ltd. - They started last year a few investigations to see if they can claim compensation on a few possible PPIs for me, on allegedly n'no win - no fee' basis. However, after a few months after getting nowhere with the banks who rejected them, they started asking me to fill additional forms and provide additional information that I either do not have or cannot remember. -- Now they've sent me a threatening letter stating that they will close all open cases and they demanded a cancellation fee of £450 +VAT (£540 per case)! Absolutely shocking.


Terms - http://please.freeppicheck.me.uk/legals/

If we cannot win your claim you do not pay us anything.

Presumably they are claiming that as further information documents weren't completed and returned the consumer has cancelled. However nothing in the terms I can see so far backs that claim up.

Business Name:
Claim4You Ltd
Address:
KEA Building 1, North Mersey Business Centre
Woodward Road, Knowsley Industrial Park, Knowsley
Town/City:
LIVERPOOL
Postcode:
L33 7UY
County:
Merseyside
Trading Names:
pleasefreeppicheckme, FreePPIcheckme, PPIbyPost, We Are Happi
Sector:
Financial products/services
Authorisation Number:
CRM26514

[MIKE770]

Re: Claim4You problem - demand letter for cancellation fee

no win no fee thats it , terms and conditions mention any sort of nonsence they try to intimate?? bet not.


bet ad said just name banks etc and we do the rest??

[Gordonska]

Re: Claim4You problem - demand letter for cancellation fee

Yes, I do have a copy of the Terms that I've signed with them last year. It looks very similar to the one you mentioned on the link http://please.freeppicheck.me.uk/legals/

They started last year a few investigations to see if they can claim compensation on a few possible PPIs for me, on a 'no win - no fee' basis. However, after a few months after getting nowhere with the banks who rejected them, they started asking me to fill various additional forms and provide additional information that I either do not have or cannot remember. -- Now they've sent me a threatening letter stating that they will close all open cases and they demanded a cancellation fee of £450 +VAT (£540 per case)! Absolutely shocking.

I do not know where to start and what should I do first. - Should I get a lawyer? -- My main concern is that they demanded a cancellation fee of £450 +VAT (£540 per case).

What shall I do?

[Amethyst]

Re: Claim4You problem - demand letter for cancellation fee

Can you post or email me a copy of the threatening letter, then we can give you a hand responding to them.

I've got the terms copy thank you. Nice one on individually negotiating it

[Gordonska]

Re: Claim4You problem - demand letter for cancellation fee

I just emailed you a copy of the said letter. - Any help with the response would be great. Thank you so much...

G.

Can you post or email me a copy of the threatening letter, then we can give you a hand responding to them.

I've got the terms copy thank you. Nice one on individually negotiating it

[Amethyst]

Re: Claim4You problem - demand letter for cancellation fee

Thanks Gordon

Letter attached



To me, it seems a bit of a phishing exercise to get you to contact them.... and they haven't said how many cases they expect you to pay for... lol.... do you know how many cases there are ?

On the letters they sent you asking for more information previously, did they state there was some kind of penalty for not responding ? £450 is rather plucked out of the air - not sure when the cap on cancellation fees comes into force [MENTION=332]EXC[/MENTION] but as they are meant to be charges for work done they could at least break the figures down like bank smart and at least tell you how much is owed. It's quite a rubbish letter tbh and I really wouldn't lose any stress cells over it. I doubt if Claim4you have a legal department either.

Anyway yes a reply is necessary wait for [MENTION=332]EXC[/MENTION] to take a look as you've got the Barclays refund to deal with and think we need to know what these further requests for information actually asked for - also if you received 'case closed' letters from Claims4you when your claims were initially denied by the banks.

[Gordonska]

Re: Claim4You problem - demand letter for cancellation fee

Thanks, yes...They have not said how many case are they referring to... was it 3 or 4...? I know of HSBC, First Direct, Halifax and Barclays but they did not specify in their demand letter.

There was no previous warning letter (before the demand letter).

Nowhere in their Terms did they say about these 'cancellation fees'. They just said - they will only charge if successful - or if I cancel outside the 14 days cooling off period (neither happened).

On one case, they have informed me that after being rejected by the HSBC, they have received a letter from the Financial Ombudsmen informing them that they are not prepared to uphold the complaint and have ruled in favour of the bank.
At that time they informed me that we have an opportunity to appeal the decision, however that would be only possible if we provided any additional information that has not been provided before. - I did not have any additional information so I did not reply.

They did say that if they do not hear from me within seven days that they would close the file. There was no mention of any cancellation fees then in that letter.

No-one was available today (Friday 5 May) on any one of their phones - on any one of their extensions.

[Amethyst]

Re: Claim4You problem - demand letter for cancellation fee

I think they are trying it on.

Do you happen to have copy of that letter ref HSBC - sounds like they gave it to you as an option to appeal, if you didn't they'd close the claim, rather than a 'you must do this or we'll charge you'.

If not don't worry just thinking might be nice to quote themselves back to them.

[Gordonska]

Re: Claim4You problem - demand letter for cancellation fee

Yes, I just emailed a copy of that letter to you ...

I think they are trying it on.

Do you happen to have copy of that letter ref HSBC - sounds like they gave it to you as an option to appeal, if you didn't they'd close the claim, rather than a 'you must do this or we'll charge you'.

If not don't worry just thinking might be nice to quote themselves back to them.

[Amethyst]

Re: Claim4You problem - demand letter for cancellation fee

Thank you.

They haven't a leg to stand on judging from that. Wonder if they are struggling finance wise so thought they'd have a go at trying the bank smart tactic.

Here's the letter.


I think a complaint should be cc'd to the MOJ too. I've tagged [MENTION=332]EXC[/MENTION] to have a look before we work on a reply/complaint to them.

[EXC]

Re: Claim4You problem - demand letter for cancellation fee

I think a complaint should be cc'd to the MOJ too. I've tagged @EXC to have a look before we work on a reply/complaint to them.

Ok I'll work on a draft complaint tomorrow, I'll probably have a few questions for [MENTION=101450]Gordonska[/MENTION] as well.

[Gordonska]

Re: Claim4You problem - demand letter for cancellation fee

[MENTION=332]EXC[/MENTION] Thank you ... I will keep an eye on this thread and my email if you have any questions.
Thanks.

Ok I'll work on a draft complaint tomorrow, I'll probably have a few questions for [MENTION=101450]Gordonska[/MENTION] as well.

[EXC]

Re: Claim4You problem - demand letter for cancellation fee

Draft complaint:

Formal complaint

Dear Sirs

This is a formal complaint which I expect you to deal with in accordance with your complaints procedure.

I wish to make clear from the outset that shoud I not be fully satisfied with your final response I have every intention of taking my complaint to the Legal Ombudsman without further notice.

My complaint is in regard to your letter of [insert date] requesting payment of a 'cancellation fee' invoice of £450 + VAT. My complaint comprises of 3 seperate issues for which I expect you to respond to individually.

1) The justification for the charge is wholly unsubstantiated. The invoice makes no reference to what PPI claim the fee is attributed to, what work was carried out in respect of it, how the sum was calculated and arrived at or what request for information you claim I did not respond to.

2) The cancellation terms of your terms & conditions state that ''After the 14 day cancellation period has elapsed Claim4you reserves the right to charge for any fees incurred in dealing with your claim should you then decide to cancel. This will include a charge for any time, administration and legal fees that the company has incurred in pursuing your claim up until the date of cancellation'' (emphasis supplied).

You should be aware that I have not cancelled any claim with you and in fact your invoice states that ''Due to no response we will now cancel all open cases'' (emphasis supplied). There is no provision in your terms & conditons that permits you to levy a charge for a claim that you decide to cancel and even if there was it would clearly be an unfair term and as such unenforceable in any event.

3) Likewise there is no provision in your terms & conditions that permits you to levy a charge for not responding to a request for further information. If I don't have the information you request I cannot give it to you. Indeed in your letter of [insert date] requesting ''additional information'' on my HSBC claim you assure me that ''If we do not receive the appeal form back within the seven days, then we will assume that you have no additional information and your file will be closed''.

As indicated above should I not be entirely satisfied with your response I fully intend to take my complaint to the Legal Ombudsman.

Yours

Gordonska

Obviously we're not clear on how many claims you had and what their status is but I don't really think it matters as the grounds for complaint would apply in any event.

I'm going by the terms & conditions you posted here http://please.freeppicheck.me.uk/legals/ which make reference to a ''Form of Authority for Claim4you to act on your behalf''. Do you have a copy of that? I just want to check if there are any additional terms on it.

[Amethyst]

Re: Claim4You problem - demand letter for cancellation fee

Excellent - thanks [MENTION=332]EXC[/MENTION]

The terms were individually negotiated in part ( 20% rather than 30% ) but otherwise are identical to those on the website. Just realised I didn't post them up yesterday. Apologies.