the claims guys charges

[specialbru]

Re: the claims guys charges

I was cold called .
So should i get in touch with the people above?

[TUTTSI]

Re: the claims guys charges

Yes you should make a complaint to the Ministry of Justice.

I will also include them in my monthly report to the MOJ which Legal Beagles has been asked to do.

That is why it is so important that this TV documentary has as many people as we can that have been cold called and have used a services which is crap show them up on TV.

I was cold called .
So should i get in touch with the people above?

[The Debt Star]

Re: the claims guys charges

The CMC cold callers are very persuasive and nigh impossible to get rid of once you engage with them. They may not be quite as bad a Safestyle salesmen but only because they're on the end of the 'phone and not beating your door down.

I was once quoted by an outfit called Claimns Advisory Group (from memory) and they wanted I think 33% of the award inclusive of VAT. I didn't use them as I progress my own PPi claims but their pre-completed PPII quezzies and complaint form came in handy as precedents!

[specialbru]

Re: the claims guys charges

I have today received this email.
Dear Mr Hall,

Re: Your Claim against Lloyds TSB

Further to the above matter and your request for an explanation as to why settlement has been delayed on your claim.

Under the normal Financial Services Authority (FSA) rules banks are required to respond to complaints made within 8 weeks. At the point in time that your claim began, some lenders were placing their complaints on hold until the outcome of the judicial review was known and unfortunately, this included claims submitted to Lloyds TSB who were in fact one of the main banks to challenge PPI claims at the High Court.

On the 11th May 2011, the Banks including Lloyds TSB decided not to challenge the High Court ruling which meant they had an extremely high volume of outstanding claims to work through. As a result the FSA extended the timescale which gave the banks more time to provide a final decision stating whether the claim was upheld or Rejected.

In your case, the claim was submitted to Lloyds TSB on 22nd December 2010 and was acknowledged by them on the 06 January 2011. Because Lloyds TSB acknowledged receipt of your claim before the 11th May 2011 this meant that Lloyds had until 31st August to provide us with a final decision in relation to your claim and not before. On assessment of your claim I can see that we obtained a final decision from Lloyds TSB on 3rd August 2011 28 days before they were required to provide you with a final response.

Our records show that we have discussed the reason for the delay and the judicial review with you on a number of occasions and kept you up to dated at all times.

I am sorry that your claim has taken longer than we had hoped, however this issue has been created by your bank. Despite this we were still able to negotiate a settlement with Lloyds TSB prior to the 31st August 2011 which indicates that we have continued to work hard on your behalf at all times.

As a result of the work we have undertaken on your behalf, your fee is now due and I would ask that you arrange payment within the next 5 working days. Should you wish to discuss this in more detail please do not hesitate to contact me.

Kind Regards

Kelly Moore



I can't see anything in this email which addresses my point that the only reason I asked them to represent me was the six week timescale for settlement I was given by them.
I spoke to the Ministry for Justice this morning and they asked me to send a letter recorded delivery to The Claims Guys repeating what i had emailed to them.


I think this response changes that and would like any feedback or advice on what to do next.


Bruce

[TUTTSI]

Re: the claims guys charges

Keep us posted...

I have today received this email.
Dear Mr Hall,

Re: Your Claim against Lloyds TSB

Further to the above matter and your request for an explanation as to why settlement has been delayed on your claim.

Under the normal Financial Services Authority (FSA) rules banks are required to respond to complaints made within 8 weeks. At the point in time that your claim began, some lenders were placing their complaints on hold until the outcome of the judicial review was known and unfortunately, this included claims submitted to Lloyds TSB who were in fact one of the main banks to challenge PPI claims at the High Court.

On the 11th May 2011, the Banks including Lloyds TSB decided not to challenge the High Court ruling which meant they had an extremely high volume of outstanding claims to work through. As a result the FSA extended the timescale which gave the banks more time to provide a final decision stating whether the claim was upheld or Rejected.

In your case, the claim was submitted to Lloyds TSB on 22nd December 2010 and was acknowledged by them on the 06 January 2011. Because Lloyds TSB acknowledged receipt of your claim before the 11th May 2011 this meant that Lloyds had until 31st August to provide us with a final decision in relation to your claim and not before. On assessment of your claim I can see that we obtained a final decision from Lloyds TSB on 3rd August 2011 28 days before they were required to provide you with a final response.

Our records show that we have discussed the reason for the delay and the judicial review with you on a number of occasions and kept you up to dated at all times.

I am sorry that your claim has taken longer than we had hoped, however this issue has been created by your bank. Despite this we were still able to negotiate a settlement with Lloyds TSB prior to the 31st August 2011 which indicates that we have continued to work hard on your behalf at all times.

As a result of the work we have undertaken on your behalf, your fee is now due and I would ask that you arrange payment within the next 5 working days. Should you wish to discuss this in more detail please do not hesitate to contact me.

Kind Regards

Kelly Moore



I can't see anything in this email which addresses my point that the only reason I asked them to represent me was the six week timescale for settlement I was given by them.
I spoke to the Ministry for Justice this morning and they asked me to send a letter recorded delivery to The Claims Guys repeating what i had emailed to them.


I think this response changes that and would like any feedback or advice on what to do next.


Bruce

[CleverClogs]

Re: the claims guys charges

I have today received this email.

Dear Mr Hall,

Re: Your Claim against Lloyds TSB

(flim-flam omitted for brevity)

I can't see anything in this email which addresses my point that the only reason I asked them to represent me was the six week timescale for settlement I was given by them.

I did not suppose that it would have done. Did you?

I spoke to the Ministry for Justice this morning and they asked me to send a letter recorded delivery to The Claims Guys repeating what i had emailed to them.

I think this response changes that and would like any feedback or advice on what to do next.

Whilst a letter send by RD is likely to elicit the same response or, perhaps, no response at all, it may be wise for you to do as the MoJ wallah told you to do.

All that their response so far has established is that, at the time they called you, it was quite unrealistic or downright untrue to aver that your claim would be successful within six weeks. Their defence might be to deny ever having made such an assertion or, perhaps, to say that they had not specified which six weeks, but I rather doubt the latter defence would succeed.


Bruce
[/QUOTE]

[specialbru]

Re: the claims guys charges

my response

Good morning Kelly

And thank you for your response to the complaint made.


Unfortunately i cant see any relavant response to the complaint made in my original mail, so i will clarify the complaint.
On two separate occasions before agreeing to allow you to represent me I was told that the claim would be settled in six weeks.
You have in your reply stated

"In your case, the claim was submitted to Lloyds TSB on 22nd December 2010 and was acknowledged by them on the 06 January 2011. Because Lloyds TSB acknowledged receipt of your claim before the 11th May 2011 this meant that Lloyds had until 31st August to provide us with a final decision in relation to your claim and not before."

This clearly shows that the promises made were unachievable and were misleading.

Since my decision to allow you to represent me were based solely on the timescales given by your representative I believe that The Claims Guys shouldn't have made promises in order to secure the business they knew were untrue.

Below is an copy of rule from the code of practice that you are bound to adhere to taken from the ministry of Justice conduct of business rule 2

"Exaggerating how quickly a client can expect to receive compensation."

I also believe that I shouldn't have been contacted by you as I'm registered with the TPS as clearly stated in rule 4


"Telemarketing to members of the public who have registered with the Telephone Preference Service "

I look forward to your response

Regards
Bruce Hall

[gaz2006]

Re: the claims guys charges

As i see it boils down to what terms and conditions were in the contract you must have signed with them and your "defence of the 6 weeks claim ....I seriously doubt anyone could have done it in 6 weeks but really it would be down to a judge to decide on the "balance of probabilities " whether they did say that or not and without any proof you may be on a sticky wicket so to say ........people dont work for nothing and if they did the work they are entitled to payment the 6 week claim as you put it in my view isnt a very good defence against paying them what they are due . Surely you must have a copy of what you signed stating what percentage etc they were to get paid ? If they have a contract and you fail to honour your side of it by paying their fee they would be entitled to sue you in the County Court and if they win you would have to pay court costs and interest as it would be in the small claims court .....maybe if your case isnt strong which I dont think it is it may be wise to consider offering them £500 as your still better off than before
Regards Gaz

[specialbru]

Re: the claims guys charges

i received this today

[specialbru]

Re: the claims guys charges

sorry i have added as an attachment

[CleverClogs]

Re: the claims guys charges

I believe you should email a reply and send the same text in a letter sent by Special Delivery, stating that the invoice is still the subject of an unresolved dispute with their clients, that should the complaint not be upheld by their clients you will refer them to the FOS and/or the Ministry of Justice and that it is manifestly unfair to expect you to settle an invoice which, at the conclusion of the complaints procedure(s), may be reduced or cancelled completely.

[gaz2006]

Re: the claims guys charges

I agree with post 41 it may hold things off but as I said in my post I think your defence against them is "flimsy " to say the least and you stand the chance if this is taken to small claims court of losing and will pay more back you really should not have engaged them on your behalf before having everything in writing including any " promises " they may or may not have made ...................they have according to them carried out their side of the contract your dispute about not paying is this "6 " weeks turnaround which you have no proof for .
The judge may view it as youve "thrown in " this 6 week date to avoid payment and breaching your contract with them if you had taped call or this in writing your case would have more merit ........................as I said my view is you wont win unless you have evidence
Regards :beagle::beagle:

[CleverClogs]

Re: the claims guys charges

It will cost him nothing to work through their complaints procedure - PDF link - which they state may take up to eight weeks to complete. Subsequently, the complaint may be continued through the Ministry of Justice.

On the matter of evidence, the company states on its own website - link:

Obtaining original signed copies of your loan agreement with your lender can be legally delayed by your lender for up to 4 weeks, which is why if you can send your original agreement with your pack this will speed up the processing of your claim. From the point of receipt of your loan agreement the legal procedure involved will normally take from 3 to 6 months.

It seems far from utterly impossible that, should the complaint be sent to the MoJ, there may be a history of similar assertions about how soon the company could get results.

[Paul210]

Re: the claims guys charges

as I see it there are three things here you need to do:

1. complain to ministry of justice regarding false promises made to entice you to sign up, the claims guys have stated they sent your complaint in dec 2010, presumably you spoke with them within 1-2 weeks before that, at this time all within the industry were aware that the lenders were hiding behing the Judcial review and even the most optmistic CMC's were expecting the thick end of a 6 month delay, as a result telling you 6 weeks when aware of this was a strict breach of MOJ guidance on soliciting clients.

2. Write to Lovetts and notify them that the fee is disputed and the matter is subject to a MOJ complaint, its likely they will then pass the debt back to claim guys as they wont want to get involved in a bun fight.

3. Send a letter direct to the claim guys setting out grounds for comlaint as at 1 above, make it clear it is a formal complaint and ask for a copy of their complaints procedure, also make them aware you have reported their actions to the MOJ. They have already breached the MOJ rules on complaint handling by failing to deal with your initial complaint, not making you aware of their complaints proecedure or timescales and trying to fob you off with a rubbish email reply.

If you do the above I think theres a good chance the claims guys will cut their losses and agree to drop the fee or write it off altogether if you withdraw your complaint. either way you have nothing to loose and everything to gain.

[specialbru]

Re: the claims guys charges

I have sent this to lovetts along with the unanswered email above and also sent to the MOJ and the claims guys

Dear sirs

I write in reply to your letter dated 30/09/11

The invoice is still the subject of an unresolved dispute with your clients,and should the complaint not be upheld by your clients I will refer them to the FOS and/or the Ministry of Justice as directed. It is manifestly unfair to expect me to settle an invoice which, at the conclusion of the complaints procedure(s), may be reduced or cancelled completely.

Below is an email sent to your clients on 27/09/11 that i have not received a reply to outlining my grievence as directed by the MOJ.

If you require any further information please contact me.

Regards
Bruce Hall