CMC requesting further info about ppi payment

[EXC]

They will argue that the free PPI check morphs into a claim if PPI is found. They'll also argue that the digital signature will differ from your usual one as it was ''signed using a mouse, stylus or touchscreen''. It's all crap of course.

[Kingo30]

Morning i have now received this text at 7am this morning.

Joseph James Law - We have been instructed by Quickly Finance Limited (Trading as Fast Track Reclaim). Please contact us urgently on 0333 212 4320 to avoid further action being taken.

Can you advise were i go from Here please?

[Kingo30]

I have also received the following email this morning.



Our client: Quickly Finance Limited t/a Fast Track Reclaim

Your Claim Against: Barclays

Your case reference with our Client:



We have been instructed to act for Quickly Finance Limited, trading as Fast Track Reclaim.



You instructed our Client Quickly Finance Limited t/a Fast Track Reclaim in relation to your PPI complaint concerning Barclays.



When you instructed our Client, you accepted their terms and conditions of acting which included an obligation on you to disclose certain documents pertinent to your claim.



Our client has advised us that they are yet to receive a copy of the Final Decision Letter which Barclays sent to you. In this letter Barclays would have either accepted or rejected your claim. If the claim was accepted, Barclays would have confirmed the compensation payable to you.



Clause 4 of the terms you signed with our Client state:



“You must complete all documentation and disclose all relevant information which is pertinent to your claim in a truthful manner which is accurate to the best of your knowledge…If the Company offers or pays Compensation to You directly, You agree to notify FTR immediately (and within 7 days at the latest) and to provide the details FTR needs to calculate Your Fee(s)”.



We would be grateful if you could send to us a copy of the Final Decision Letter sent to you in the freepost envelope provided with the letter you will recieve in the post. Alternately, this can be emailed to us at debtrecovery@josephjameslaw.co.uk.



Please provide the evidence we have requested within 14 days from the date of this letter. If you require further time to obtain this information because you no longer have it and need to contact Barclays to obtain a copy, then simply let us know.



If we do not hear from you within 14 days from the date of this letter or we do not receive a copy of Barclays final decision letter as requested; further action will be taken via the courts without further notice to you. Our client’s rights are fully reserved in this regard.



Should you have any queries or require any assistance, please do not hesitate to contact us on 0333 212 4320.

[EXC]

Well Joseph James Law does seem to be a legit law firm in that they're registered by the SRA but in my view no serious law firm would send a message like that with so little information and by text.

I'd just ignore it.

[EXC]

....ok did you ever get a final decision letter from Barclays?

[EXC]

.....just re-read the email from FTR you sent me on 19 August.

I would respond to the email from Joseph James Law with the following and attaching the email:

Dear Sirs

Please find attached email from your client, Quickly Finance Ltd T/A Fast Track Reclaim dated 16 July, in which they confirm that their understanding that they had been advised that Barclays had sent me a final response was an error.

Please update your records and confirm by return that this brings the matter to conclusion.

Yours

...

[MIKE770]

Fast Track Solicitors is a trading name of Joseph James Law.

[Kingo30]

Thanks i have replied to them we will se what they come back with. Thanks again for all your help and advice its very much appreciated.

[Kingo30]

This is starting to worry me now and causing me sleepless nights as per why i am writing this post at 3.15am, i did recieve a final decision letter from my bank as per my original post, the bank just refused to deal with FTR and sent all forms direct to me to fill out which i did. I've still not had a reply back from their solicitor after emailing them your suggested reply. The last thing i want or need is to be taken to court.

They are obviously relying on the fact the letter of authority i must have signed digitally as the signature doesnt look like mine morphs into them claiming on my behalf and the bank informed them there was 2 ppi products but then refused to deal with them. The bank then coming to me directly to fill out questionnaires etc.

Not sure if i should hold out and fight it or give them what they want?

[EXC]

It's up to you. How much did you get in PPI refunds? Their commission will be 25%.

However I think you're underestimating the strength of your position.

They are obviously relying on the fact the letter of authority i must have signed digitally as the signature doesn't look like mine

They'd find it difficult to convince a court that you signed the LOA digitally when the LOA in the subject access response you sent me says ''Please check, sign & send the forms back to us in the Freepost envelope provided''. You could easily demonstrate that the signature isn't yours.

morphs into them claiming on my behalf and the bank informed them there was 2 ppi products but then refused to deal with them

Yes in their email to you they admit that Barclays would only communicate with you going forwards. In my view any contractual agreement they had with you ended at that point because by their own admission they were unable to the supply the claims management services they were contracted to supply beyond the free PPI check.

But your main grounds for defence would be Fast Track's failure to provide you with copy of the signed agreement and the required prescribed cancellation from in a durable medium (ie on paper) as the Distance Selling regulations require, as that renders the contract invalid.

See the judgment of someone we assisted last year in similar circumstances Allay LOSE in Court - LegalBeagles Forum

[Kingo30]

They have eventually come back with the below by email after I sent the response you suggested back to them on the 21st September, what would be your suggestion to do next, they have no idea what was in any final decision letter and to be honest i cant actually find what I've done with them. Thanks for any advice.

Dear Mr. *********



We refer to your emails dated 21st September and 3rd October 2021.



We apologise for the delay in responding. We have checked with our client and have been advised that after they had submitted the Letter of Complaint to Barclaycard for your PPI claim, they received correspondence from ******** advising that as you had appointed more than one claims management company they would only send any further correspondence directly to yourself.



If you have not received the final decision letter from ********* with regards to your PPI claim, then you would need to contact ********* and request they send you a copy of the final decision letter for ******'** account number ending ****, their claim reference is *******, that you would then need to forward to us either by post or by email to us at debtrecovery@josephjameslaw.co.uk.



Should you have any queries or require any assistance, please do not hesitate to contact us on 0333 212 4320.



Kind Regards,

[EXC]

I would respond with the following:

Dear Sirs

I refer to your email of xxxx in which you confirm that Barclaycard would not correspond with your client in respect of a PPI claim.

Given your client was unable to communicate with Barclaycard from the outset, it was clearly incapable of providing the claims management services it was allegedly contractually obliged to supply and as such any alleged contractual agreement was breached and severed at that point.

I trust that my position is clear.

Yours

xxxx

[Kingo30]

Thanks first time i have had to properly reply, I've sent that reply will wait and see what they now come back with.

They are useless or choose to ignore every email I have sent them iver the past few months.

Thanks again for all your help its very much appreciated.

[Kingo30]

They have now come back with this reply..



Dear Mr. *******,



We refer to your email dated 29th November 2021.



Attached is your electronically signed letter of authority for our client with regards to your PPI claim with Barclays, when they had identified PPI with Barclays for a Sanclare account and a Barclaycard Visa account, you completed online PPI questionnaires with our client on 21st November 2019 for these accounts, you also returned further signed letters of authority for our client which I have also attached, our client has then submitted letters of complaint to Barclays for your PPI claims. It is only after the complaints were submitted that Barclays advised that you had appointed more than one claims management company and would therefore send correspondence directly to yourself.



As previously advised clause 4 of the terms you signed with our Client state:



“You must complete all documentation and disclose all relevant information which is pertinent to your claim in a truthful manner which is accurate to the best of your knowledge…If the Company offers or pays Compensation to You directly, You agree to notify FTR immediately (and within 7 days at the latest) and to provide the details FTR needs to calculate Your Fee(s)”.



We would be grateful if you could send to us a copy of the Final Decision Letters sent to you in the freepost envelope provided with the letter you will have received in the post. Alternately, this can be emailed to us at debtrecovery@josephjameslaw.co.uk.



Should you have any queries or require any assistance, please do not hesitate to contact us on 0333 212 4320.



Kind Regards,


I have the attachments they refer too if you wish to see them I can pm you them, any advice again is appreciated.

[EXC]

I would just refer them to the last email you sent.