Red Hawk Legal

[TUTTSI]

Re: Red Hawk Legal

Hi Katie

Flakey's last post was only yesterday, so too early yet for further responses.

I agree with Exc that the FOS is incorrect but definitely the MOJ should hear every complaint from people so that they can properly access the situation with Redhawk.

Really pleased that they said they are recording the calls......... and that they will have had a letter of complaint from you because that is exactly what the MOJ want to see.

Please keep us updated.

[flakey1965]

Re: Red Hawk Legal

hi, received another letter today from Red Hawk legal asking for payment within 7 days after receipt of may payment from the lender, i think this letter was sent out after i emailled them on Friday stating that i was not going to pay as Sharm had no right selling my claim to Red Hawk legal and as they didnt have a MOJ licence to sell claims this was illegal. I stated again that i have a letter from sharm saying my claims had been unsuccessful and i was a creditor of Life Style claims, i also ask if Red Hawk legal now own my claim where the prepare to pay my up front fees back. No mention of this in their letter , asked for a letter of authority i had sign with them which i havent again nothing in the letter i will wait for them to give my so called debt to a collector

[Katie1913]

Re: Red Hawk Legal

Hello again

Firstly, my name DOES appear on the list of creditors that you attached to the post.

I tried to claim back my payments through my credit card, quoting Section 75 (or whatever it was???), however as I had received a service (of sorts) Barclaycard (from where I paid the £3k +) said that I didn't qualify as Lifestyle Claims had done "something" for their money.

The £99.66 relates to a claim with MINT. Lifestyle Claims put in a claim and MINT upheld it. I received a cheque from MINT and an invoice from Lifestyle Claims, which I paid. This was paid on 14th August 2012.

I had another PPI upheld from Barclaycard and Lifestyle Claims sent me through an invoice for £1024.61. I called Lifestyle Claims as I intended to pay this amount prior to going on holiday. I was advised by someone at Lifestyle Claims that their card machine was not working, they were waiting for an engineer to come and fix it and they couldn't process the payment. I emailed them, as I was going on holiday, to tell them that I would make the payment upon my return and did not expect to be charged any "late fees" as the inability to pay the invoice was down to a problem at their end. When I returned from holiday - on 24th October 2012 - I received a call from Red Hawk Legal - this call came through whilst I was in the car travelling home from Heathrow. They told me that Lifestyle Claims had gone into Administration and I was to deal with them. I told them that I didn't want to deal with any claims management companies and, in any event, this was only verbal. I didn't know who they were, I was just in the process of returning home from holiday and I wasn't prepared to take what they said as gospel as it was, in effect, just another unsolicited phone call from yet another PPI chasing company. I told them that if they had anything in writing to back up what they were saying about Lifestyle Claims going into Administration, then they should provide me with that.

They sent me lots of paperwork to sign and were trying to insist that I signed it. They called me many, many times and each time I told them that I didn't want to deal with them, and they didn't have my authority to undertake any work on my behalf. I put every piece of Red Hawk Legal paperwork into the bin and signed nothing.

As far as I can see, from reading through your forum, I had an agreement with Lifestyle Claims. That agreement terminated when they went into Liquidation, thereby breaking the "contract". From what I understand, reading your posts, another claims management company cannot take over the claims unless I have given them authority to do so - and I CATEGORICALLY have not done this.

The letters that I received today - one of which was for the already PAID Mint invoice - say that (and I quote) "We now intend to pass your information to a Debt Collection Company in order to recover the outstanding balance owed by you.

You should take this opportunity to avoid such action with an agreed settlement or an acceptable repayment plan. In either case, an agreement MUST BE IN PLACE WITHIN THE NEXT 7 DAYS TO AVOID FURTHER ACTION.

Should we pass your information to our Debt Collection Company, legal proceedings may be commenced and there will be an additional claim made against you for payment of interest on the overdue account in accordance with Section 69 of the County Court Act 1984, together will (their spelling error!!!) legal costs as will (again their error!!) legal costs as will administration costs incurred by the Debt Collection Company.

Furthermore, should any subsequent judgement be granted against you by the Court this may be registered against you at the register of County Court Judgements. This will remain as a public record for a period of up to 6 years and as a consequence may severely affect your ability to obtain credit in the future.

Further avoidance may also result in a bailiff removing goods from your premises or for payments to be deducted from your wages by your employer.

It is therefore strongly advised that you do not ignore this correspondence. One of our agents will be contacting you within the next 7 days to discuss resolving this matter." (that's the end of the juicy stuff!).

What do you suggest I do now?

[Katie1913]

Re: Red Hawk Legal

Sorry - one other thing - I don't think I made it very clear. I have never been refunded the up-front monies that I paid to Lifestyle Claims. As I explained, Barclaycard wouldn't help me as they said that I had been provided some kind of service, and to claim the money back I needed to have received no service at all.

I think I've answered your other questions.

Sorry for being so long-winded. I just think these guys are complete sharks. It has really wound me up! We'll probably find out that the same Directors are behind all these companies, just quietly coining the money and then letting the companies go bust!

[EXC]

Re: Red Hawk Legal

Ok thanks.

So in summary the PPI claims yielded refunds to the value of around £3300 for which you actually paid Lifestyle a total of £3699.46 and Redhawk are chasing you for a further £1124.27.

Your situation is a little different to that of most others in that it appears that Redhawk bought the existing 'debts' they allege you owed Lifestyle, as opposed to the ongoing claims themselves and so it may be difficult to argue that you shouldn't pay on the basis that Sharma shouldn't have sold your claims because they weren't authorized to do so.

However you can argue that you shouldn't pay Redhawk anything on the basis that as they hold the contract they cannot seek to enforce the benefits of it and ignore the liabilities. Although Redhawk may issue hollow threats about passing your 'debt' to debt collectors and take you to court they know full well that no court in their right mind will find in their favour and so you really don't need to worry about Redhawk. We're not aware of anyone who has been taken to court by them.

Sorry - one other thing - I don't think I made it very clear. I have never been refunded the up-front monies that I paid to Lifestyle Claims. As I explained, Barclaycard wouldn't help me as they said that I had been provided some kind of service, and to claim the money back I needed to have received no service at all.

This is where I think you need to be concentrating your efforts. Barclaycard are being a tad disingenuous in saying that in order to claim from them you would have to have not received any service at all. Although overall you did receive some service, the priority service fees that you paid were refundable at the end of the claims process but were not refunded because Lifestyle went out of business and as such breeched your contractual right to a refund. See here at page 4 http://www.theukcardsassociation.org...r_guide(1).pdf where it says:

''You are legally entitled to get your money back if:

• what you bought turns out to be faulty;
• the company you bought the product or service from breaks
their contract with you (for example they go out of business); or
• the company you bought the product or service from don’t deliver
what they have promised.''

Can you post up the text of the Barclaycard response to you section 75 claim (not including your personal details) and tell us when it was dated?

[Katie1913]

Re: Red Hawk Legal

Hello - I would post up the Barclaycard response if I had it. I think I've shredded it because I decided it might be pointless trying to pursue it. I can always contact Barclaycard again and explain that I feel that, after consideration, they are not fulfilling their duty to me as a consumer. Their reply would have been around March/April of this year, perhaps slightly earlier? I will double check that I don't have the paperwork..........but I'm pretty sure I got rid of it.

One of the claims that Lifestyle "won" (and the one that Red Hawk Legal are trying to get from me) was from Barclaycard, so I suspect they feel as though Lifestyle did their job. I felt that I might be "onto a loser" with Barclaycard as I could hardly argue that a job "hadn't been done" - are you now telling me that I should be able to claim because I didn't get my up-front payments back and there is now no chance of getting my up-front payments back courtesy of Lifestyle going out of business?

Do you believe that I have nothing to worry about with Red Hawk Legal and that they will just go away? I'm sure if they send out thousands of threatening letters then, on the law of averages, some people will just pay them as they are afraid.

I'm not daft (or don't consider myself daft!!) and this has made me cross and, in truth, a little worried, so goodness knows what it might do to other people who don't have the confidence to fight!

[EXC]

Re: Red Hawk Legal

I'm convinced you've got nothing to worry about as far as Redhawk are concerned.

If you can't find the Barclaycard response we can proceed on the basis of what you can recall their reason were for the rejection and I suggest we do that in the form of a formal complaint, which means they'll have to respond within 8 weeks and if that fails we can take the complaint to the Financial Ombudsman.

What we have to do is prove breech of contract which won't be that easy as there were never any written terms & conditions for the 'priority service' fees but leave it with me and I'll draft something up in the next few days.

[EXC]

Re: Red Hawk Legal

are you now telling me that I should be able to claim because I didn't get my up-front payments back and there is now no chance of getting my up-front payments back courtesy of Lifestyle going out of business?

Exactly.

[Katie1913]

Re: Red Hawk Legal

I don't know who you are, but many thanks for your help with this.:tinysmile_twink_t2: I'm quite amazed that you would take out so much time to help someone you don't know - and I've very grateful.

I am going to have a hunt around this morning and see if I can find anything in relation to what I sent to Barclaycard. I may have a letter that I've stored. I had planned to call them tomorrow and tell them that I'd complained earlier this year but heard nothing - maybe that isn't the way forwards?

[TUTTSI]

Re: Red Hawk Legal

That is worth a try and maybe then BC may be able to send you the copy of the letter which you think you shredded and then you can give them chapter and verse as to why they are required to refund you under s75 for the points that Exc has posted up for you.

This site is here to help all people in need of legal advice and we give our time freely. We also have access to Lawyers and Barristers for the finer details to help our members achieve the best results.

A lot of people coming here for advice end up staying here and helping others in a similar situation.

[EXC]

Re: Red Hawk Legal

I am going to have a hunt around this morning and see if I can find anything in relation to what I sent to Barclaycard. I may have a letter that I've stored. I had planned to call them tomorrow and tell them that I'd complained earlier this year but heard nothing - maybe that isn't the way forwards?

Can you just clarify that what you sent Barclaycard was a section 75 claim for the money back or a formal complaint? Because it will make a difference as to how we should proceed.

[Katie1913]

Re: Red Hawk Legal

Ah - I didn't shred it - I've just found it!!

on 28 December 2012 (longer ago than I thought!!) Barclaycard wrote to me and said:

"I write in reference to your query regarding the transactions from Lifestyle Claims.

After reviewing the documentation provided (I think I sent them a photocopy of the Barclaycard statements showing the transactions) I appreciate the nature of your problem and empathise with your situation.

May I advise, in order to make a valid claim against Barclaycard, under Section 75 of the Consumer Credit Act 1974, it would be necessary for you to prove a breach of contract or misrepresentation by the supplier, in a debtor-creditor-supplier agreement. For our purposes, we need you to provide us with documentary evidence as proof that such a breach of contract or misrepresentation occurred.

On this occasion, for Barclaycard to be in a position to make an informed evaluation of your claim, I would request you to provide us with the following:

1) Detailed description of the transactions you wish to dispute
2) Any relevant documents related to the claims, which were not successful
3) Copy of the contract/invoice
4) Copy of the Terms and Conditions
5) Copy of all the correspondence between you and the merchant

I must stress that, in the absence of this information, Barclaycard are unable to progress your claim."

Then they gave me all their contact information and that was it.............

I didn't respond to the letter because, as EXC rightly says, What we have to do is prove breech of contract which won't be that easy as there were never any written terms & conditions for the 'priority service' fees

Thank you, everyone, for your help!

[EXC]

Re: Red Hawk Legal

Ok good.

I can see from their point #2 that they're assuming that the up-front fee payments were refundable on claims that weren't successful which is true for the £359 fees Lifestyle conned out of their victims but not true for the 'priority service' fees that you are claiming for, which MOJ have told me were refundable ''at the end of the claims process'' regardless of the success or otherwise of the claim.

As I said you won't have any terms & conditions to prove that because Lifestyle were careful not to issue any so I think I will ask MOJ for a statement to support your (and others) section 75 claims that in not refunding the priority service fees Lifestyle were in breech of their contractual obligations. That might take a bit of time so bear with me.

[Katie1913]

Re: Red Hawk Legal

I have plenty of time. It is now November - Barclaycard replied in December 2012, so I've already hung about for 11 months - a little while longer is neither here nor there! - and you're right, I have no T's & C's confirming that the money was refundable at the end of the process - although that was stressed time and time again on during the phone conversations. It all makes me feel very stupid that I went with these guys!!!!

However, you live and learn....ho hum!

With regard to Barclaycard, initially I rang Barclaycard, complained, gave them details over the phone and then I think I photocopied my statements showing the payments - these were £719.96 x 4 and £359.98 x 2.

Priority Claims (£719.96 each to accelerate them with the promise of a refund at the end of the process, irrespective of whether or not the claim was successful) were for:

MINT - I was paid £276.84 and then paid Lifestyle Claims £99.66
LLOYDS - I was paid £4051.75 and paid Lifestyle Claims £1458.64
HALIFAX - nothing was upheld
BARCLAYCARD - I was paid £2846.13 and Lifestyle Claims went into Administration BEFORE I paid their invoice

Then, because I had so many other PPI claims (how I must have loved credit!!!), they charged me £359.98 TWICE to take on all the other claims. They only prioritised the four mentioned above.

Two of the other claims were upheld, both for MBNA, and I paid Lifestyle Claims their 30% for this. MBNA Claim One - value £2807.20 and I paid Lifestyle Claims £1010.59. MBNA Claim Two - value £1682.97 and I paid Lifestyle Claims £605.87.

There were many other claims, which were either not pursued or not upheld.

I suppose I didn't pursue Barclaycard because, rightly or wrongly, I thought I wouldn't stand much of a chance as Lifestyle Claims had done "something" and I had received some pay-outs. I figured, as overall I was slightly "up" on the deal, having received back more than I'd paid to Lifestyle Claims, that I would have to put the £3.5k (which should have been refundable at the end of the process) "down to experience".

[Katie1913]

Re: Red Hawk Legal

A RESULT - THIS IS AN EMAIL JUST RECEIVED FROM RED HAWK LEGAL AT 09.45AM TODAY:

Hi XXXXX

Thanks for bringing this to our attention I can confirm that all your cases arecompleted, and there is no balance on your account.

I have been trying to get to the bottom of this but cant explain why you havereceived two final notices. As your claims are complete we can only assume theyhave been sent in error please accept my apologize for this
Kind Regards
Ben Morgan
Customer Services
Red Hawk Legal
6A Prospect Place, Swansea, SA11QP
Tel :- 0844 66 90 300
Customercare@redhawklegal.co.uk
http://www.redhawklegal.co.uk

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