PPI help needed

[HIBEES]

I went with a company back in August 2015 and was told that my claim would take 6 weeks - I got 1 letter from them in September saying that I had a PPI on Halifax credit card I had already told them that I had received it back from the bank (before I used them but they told me to put it down anyway) - It got to November and I called them to ask why no one has been in touch with the other claim and they had no record of me so they had to send out new forms which I sent back on 10/11/2015 and then on 16/11/2015 I called them as I thought they were useless and not keeping to anything that they had said - so I told the guy on the phone that I wanted to cancel and I would do it myself, I was never advised that I had to put this in writing. They had called me this morning to tell me that my claim was successful and I told him that I had cancelled back in November and then he asks how did you cancel and I said by phone his words were no you cant do that you must put it in writing and I told him I was not advised of this. The guy was really rude and kept talking over me - he said that no notes was made or anything about me calling in that day - today is the first time that they have made any contact with me as I have had to call them - what should I do - Thank you

[Celestine]

Re: PPI help needed

So has the claim been successful? What % of it do they want?
Had you started the DIY claim process?

[HIBEES]

Re: PPI help needed

I have just found out on Saturday - they want 30% plus VAT I should have contacted the bank to stop them having the authority when I called to cancel.
I had cancelled on 16/11/2015 then I got a text from the bank themselves on 18/11/15 and I continued to deal with them myself as I had cancelled the claim company. The company themselves have been very misleading as told me 6 weeks that's the only reason I went with them - then when I called for an update in November as the last I had was a letter from September, they had to resend the forms -

[HIBEES]

Re: PPI help needed

I have just found out on Saturday - they want 30% plus VAT I should have contacted the bank to stop them having the authority when I called to cancel.
I had cancelled on 16/11/2015 then I got a text from the bank themselves on 18/11/15 and I continued to deal with them myself as I had cancelled the claim company. The company themselves have been very misleading as told me 6 weeks that's the only reason I went with them - then when I called for an update in November as the last I had was a letter from September, they had to resend the forms - I had sent the new forms back on 10/11/15 and cancelled 16/11/15 so within their 14 days but I had done this by phone - I have read that you may have to pay for the work that they have done up to the cancel date so all they had done was contact my bank.
Thanks

[Amethyst]

Re: PPI help needed

Which company is it ? ( as will need to check their terms and conditions ref cancellation ) Of course it would be better to have put it in writing or as an email but a contract can be ended by phone - plus you can evidence that you dealt with the bank yourself directly after you say you cancelled ( and why would you do that if you had just engaged a company to do it for you )

Have you had anything from the bank about your claim?

[HIBEES]

Re: PPI help needed

The Claim Guys - I got a letter with an offer and I called the bank to stop the authority as I told the girl on the phone from the bank I really should have done it when I cancelled with the claim company on 16th Nov.

[Amethyst]

Re: PPI help needed

3. Cancellation Rights and Charges
a. You may terminate this Agreement in writing at any time during the Cooling off Period
and You will owe TCG nothing. TCG may at its sole discretion decide not to proceed with
a Claim and cancel this Agreement at any time but TCG must act reasonably in taking such
a decision and You will owe TCG nothing.

Was there a cancellation notice when you received the documents you signed and returned ?

but Consumer contracts regs don't say it must be in writing so you might be able to argue... and possibly take it to the Legal Ombudsman ( although they seem to be sticking with the terms and conditions to the letter at the moment )

Exercise of the right to withdraw or cancel

32.—(1) To withdraw an offer to enter into a distance or off-premises contract, the consumer must inform the trader of the decision to withdraw it.
(2) To cancel a contract under regulation 29(1), the consumer must inform the trader of the decision to cancel it.
(3) To inform the trader under paragraph (2) the consumer may either—

(a)

use a form following the model cancellation form in part B of Schedule 3, or
.

(b)

make any other clear statement setting out the decision to cancel the contract..

(4) If the trader gives the consumer the option of filling in and submitting such a form or other statement on the trader’s website—

(a)

the consumer need not use it, but

(b)

if the consumer does, the trader must communicate to the consumer an acknowledgement of receipt of the cancellation on a durable medium without delay.
.
(5) Where the consumer informs the trader under paragraph (2) by sending a communication, the consumer is to be treated as having cancelled the contract in the cancellation period if the communication is sent before the end of the period.

(6) In case of dispute it is for the consumer to show that the contract was cancelled in the cancellation period in accordance with this regulation.

[HIBEES]

Re: PPI help needed

There was nothing about cancelling - just new forms asking about the bank name that I could have the PPI's with. Hopefully they will have a recording of the call but not all claim companies record the calls incoming - Just trying to get as much together as I can - I just don't see why they can call me now just because they have had notice from the bank and contact me when they have not done so before demanding money.

[Amethyst]

Re: PPI help needed

Okay this might help too then - http://www.legislation.gov.uk/uksi/2013/3134/made

Information to be provided before making a distance contract

13.—(1) Before the consumer is bound by a distance contract, the trader—

(a)must give or make available to the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and in a way appropriate to the means of distance communication used, and

(b)if a right to cancel exists, must give or make available to the consumer a cancellation form as set out in part B of Schedule 3.

(2) In so far as the information is provided on a durable medium, it must be legible.

(3) The information referred to in paragraphs (l), (m) and (n) of Schedule 2 may be provided by means of the model instructions on cancellation set out in part A of Schedule 3; and a trader who has supplied those instructions to the consumer, correctly filled in, is to be treated as having complied with paragraph (1) in respect of those paragraphs.

(4) Where a distance contract is concluded through a means of distance communication which allows limited space or time to display the information—

(a)the information listed in paragraphs (a), (b), (f), (g), (h), (l) and (s) of Schedule 2 must be provided on that means of communication in accordance with paragraphs (1) and (2), but

(b)the other information required by paragraph (1) may be provided in another appropriate way.

(5) If the trader has not complied with paragraph (1) in respect of paragraph (g), (h) or (m) of Schedule 2, the consumer is not to bear the charges or costs referred to in those paragraphs.

(6) Any information that the trader gives the consumer as required by this regulation is to be treated as included as a term of the contract.

(7) A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

(m)where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;

(n)that, if the consumer exercises the right to cancel after having made a request in accordance with regulation 36(1), the consumer is to be liable to pay the trader reasonable costs in accordance with regulation 36(4);

And SCHEDULE 3


So it may hinge on whether you were actually completing a contract with them, or just updating your forms of authority.... they said they had no record of you when you spoke to them in November so it is reasonable, I would sa, to assume the forms you were completing was a new contract and your previous contract had ended.

[HIBEES]

Re: PPI help needed

I have just found out that I have been sent 2 invoices from them - came in todays post. I will need to find out if they do record the calls as they will have me on the 16th doing so - the guy said it must be in writing about 4 times this morning, if they don't record the calls what should I do ?
Send them a letter and an e-mail of complaint and see if they reply within the 8 weeks and take it from there

[HIBEES]

Re: PPI help needed

Does anyone know if phone calls are recorded ?

[Amethyst]

Re: PPI help needed

Yes, send them a complaint.

Why do you have 2 invoices? Are they for two different claims ?

You can send them a subject access request under the data protection act asking for copies of the call recordings.

[HIBEES]

Re: PPI help needed

Yes 2 claims and the invoices together are for £2,170 - I will ask them for a copy of the recordings. They know fine well that I cancelled and because they have been notified of how much I would receive they have jumped on it - they were so misleading in every way and I don't think it's right that they can get away with it.

[EXC]

Re: PPI help needed

You need to file a formal complaint with them which means if it is not resolved in 8 weeks you can go to the Legal Ombudsman.

[HIBEES]

Re: PPI help needed

Thank you so much for you help - I will keep you posted