PPI-Claims Cancellation 1/7/2018

VonScar

VonScar

VonScar

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So guys,

Hope you can answer my question.

I applied for a "free" PPI check with a claims company, and this was on the 30th May 2018.

I had lots of texts and emails after saying PPI was available. I ignored their texts and emails, apart from unsubscribing from the emails. And today cancelling their services.

instead, I am going to apply myself directly to the lenders who sold me PPI.

My question being, can I tell this PPI company where to go? I simply assumed that the PPI check was free (it says free on the front of their letter). Instead the letter seems to say (in the small print) there is a 14 day cooling off period, and I am liable to them claiming 36% of any PPI refunds I receive?

So, pay them their 36% or tell them to see me in small claims court.

Now, I have done a Law degree, and to me a "free" PPI check is an invitation to treat. Not a binding contract.

I am quite worried now.

Cheers

Von
 
Good luck enforcing that in court. Tell them to swivel and you'll probably never hear off them again.
 
You have a law degree but need to ask randoms on the internet about the law?

Money well spent on those qualifications heh
 
JBuk said:
You have a law degree but need to ask randoms on the internet about the law?

Money well spent on those qualifications heh
Click to expand...

My law degree was free. And I specialise in criminal law "heh".

And if you have nothing constructive to add, please move on.
 
VonScar said:
So guys,

Hope you can answer my question.

I applied for a "free" PPI check with a claims company, and this was on the 30th May 2018.

I had lots of texts and emails after saying PPI was available. I ignored their texts and emails, apart from unsubscribing from the emails. And today cancelling their services.

instead, I am going to apply myself directly to the lenders who sold me PPI.

My question being, can I tell this PPI company where to go? I simply assumed that the PPI check was free (it says free on the front of their letter). Instead the letter seems to say (in the small print) there is a 14 day cooling off period, and I am liable to them claiming 36% of any PPI refunds I receive?

So, pay them their 36% or tell them to see me in small claims court.

Now, I have done a Law degree, and to me a "free" PPI check is an invitation to treat. Not a binding contract.

I am quite worried now.

Cheers

Von
Click to expand...

So how about we go back to law 101 and tell us exactly what you signed up for?
They couldn't have completed a free PPI check for you without you first signing some paperwork - they need your permission, in writing, before they can commence that kind of research.
Is this the usual case from OCUK where somebody has signed something and now regrets it? Or signs something without bothering to read everything first?
I'm interested why people would think that if the paperwork says "We will complete a free PPI check for you, if you do not wish us to engage with any companies and attempt to reclaim any PPI owed you have a 14 day cooling off period" that it would not be enforceable.

Now if they will attempt to enforce, that would all depend on how much you're getting back.
However they have started the work, you didn't ask them to stop and now they want a percentage of your pay-out? Sounds fair to me.

Sorry I'm not posting a "Yer, I agree with you OCUK'er, screw them all" but you're into law, what exactly have you signed?
 
I (sadly) work for a claims company - in our T's and C's it states 'we may charge a reasonable fee if we receive a Yes PPI response from a lender which will apply to each claim'

They can, and have, successfully taken people to court over cancellation fees. They actually charge £175+VAT for each claim, which is ridiculous.

How many days have passed since you asked them to check your credit?
 
If you signed something agreeing to pay them a percentage of any claim then... you have to pay them a percentage of any claim. I'm no fan of PPI companies, but not liking them doesn't magically render you not liable to fulfil the terms of a contract you willingly entered into.

I'm also not sure why you thought this might be an ethical course of action to take - you get them to put the effort in to see if you're due a payment, then turn around and say "well haha screw I'm keeping all the money". You're happy tricking people into working for you for free?
 
Wasn't sure I had PPI so engage a company to do all the leg work for me, I've now found out I do actually have PPI to claim because said company did all the work to find it out, now I don't want to pay said company the agreed fees because I feel I am entitled to 100% of the money despite signing a contract where I agree to pay said company 36% of any claim.

That about sums it up doesn't it?
 
Did they name the company?

If so you may be a bit stuck, however how would they find out you made a separate claim?
 
Not sure what is worse that you are seemingly well educated but employed a company to fill out a basic online form for you.

Or that the company you employed then says yes you have ppi, you failed to read the agreement you had with the company and are now feigning ignorance.
 
el_dazza said:
I (sadly) work for a claims company - in our T's and C's it states 'we may charge a reasonable fee if we receive a Yes PPI response from a lender which will apply to each claim'

They can, and have, successfully taken people to court over cancellation fees. They actually charge £175+VAT for each claim, which is ridiculous.

How many days have passed since you asked them to check your credit?
Click to expand...

I fear that this will occur. I would argue the effort that the company makes on behalf of its client does not justify this onerous fee on an applicant.

The letter stipulated in big read writing that the check was "free". Being naïve to how PPI companies work, I stupidly ignored the spam emails and texts from the company, assuming that nothing would happen until I contacted them to either proceed or cancel.

My three options:-

1) My cancellation email will be accepted and the company will leave me alone, after also sending them a complaint email that their spam emails and texts were tantamount to harassment under the Prevention of Harassment Act 1997, Section 2 (2b).
2) I will be charged 36% of any sums I get back from my own dealings with the banks direct (I expect this to occur).
3) Charged £175.00 per claim, for the absurdly small amount of work they have done.

And to clarify law has many doctrines, and Contract Law is not my forte (as above).

I received the letter on 30/5/2018, posted it a few days later and had spam emails from 15th June until today 2nd July.

My next course of action will be to apply to the Legal Ombudsman for redress. Or go to Small Claims Court with proof, that this contract is intrinsically unfair and the charges far to high.

Thanks

stoofa said:
So how about we go back to law 101 and tell us exactly what you signed up for?
They couldn't have completed a free PPI check for you without you first signing some paperwork - they need your permission, in writing, before they can commence that kind of research.
Is this the usual case from OCUK where somebody has signed something and now regrets it? Or signs something without bothering to read everything first?
I'm interested why people would think that if the paperwork says "We will complete a free PPI check for you, if you do not wish us to engage with any companies and attempt to reclaim any PPI owed you have a 14 day cooling off period" that it would not be enforceable.

Now if they will attempt to enforce, that would all depend on how much you're getting back.
However they have started the work, you didn't ask them to stop and now they want a percentage of your pay-out? Sounds fair to me.

Sorry I'm not posting a "Yer, I agree with you OCUK'er, screw them all" but you're into law, what exactly have you signed?
Click to expand...


Some fair points, I signed for a free PPI check. However the 14 day cooling off period is hidden in the terms and conditions, reminds me of a legal trap to be honest.

I would argue an online form and a simple yes from a bank in UK does not cost the company to much does it?

The cancellation form on their website appears to be missing in action, looked for it twice and it was hidden away. Which is a good point to make if this goes to Ombudsman.
 
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VonScar said:
2) I will be charged 36% of any sums I get back from my own dealings with the banks direct (I expect this to occur).
3) Charged £175.00 per claim, for the absurdly small amount of work they have done.
Click to expand...

While I agree £175 is rather expensive for what they actually do, would option 3 not be the cheaper option, assuming that you have to use one of those two options?

(Obviously depends on how much you're owed through PPI)
 
VonScar said:
Some fair points, I signed for a free PPI check. However the 14 day cooling off period is hidden in the terms and conditions, reminds me of a legal trap to be honest.

I would argue an online form and a simple yes from a bank in UK does not cost the company to much does it?

The cancellation form on their website appears to be missing in action, looked for it twice and it was hidden away. Which is a good point to make if this goes to Ombudsman.
Click to expand...

Each lender will be issued with a DSAR (Data Subject Access Request) to locate the accounts in question, that costs the company £10 per lender. Add in admin time liasing with lenders and the input of data it can add up but probably not a silly amount. FWIW where I mentioned £175+VAT, that's just the company I work for. That is not an industry standard.
 
I'm just amazed that anyone uses PPI companies when it's so simple to use the resolver form on Moneysavingsexpert

I got my other half £3600 last year by filling in one form.
 
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