PPI Claiming

dowie · 5 Nov 2019 at 20:40

robfosters said:
They said they would send me a revised invoice, but they’ve narked me now. They were blatantly going to break the law to fleece me of more money than legally allowed. Companies like that deserve nothing.

I’ve also asked for an itemised bill of all work carried out. They didn’t like that. They probably only sent a letter or two.

Well I guess you can check citizens advice or moneysaving experts forum but if you agreed to use their services and they charge you the legal maximum (plus VAT) then you might not have much of a basis for complaint.

Why did you even bother using one of these cowboy firms? They're not required at all.

robfosters · 5 Nov 2019 at 20:43

dowie said:
Well I guess you can check citizens advice or moneysaving experts forum but if you agreed to use their services and they charge you the legal maximum (plus VAT) then you might not have much of a basis for complaint.

Why did you even bother using one of these cowboy firms? They're not required at all.

I know, I was naive. You can actually challenge the fee even if it’s the 20% if you feel the work carried out does not justify the fee.

el_dazza · 5 Nov 2019 at 21:14

robfosters said:
If I signed a contract in Jan 2019 agreeing to pay a PPI company 39% when the max they could ask me for by law is 20%, is that contract null and void or am I still legally required to pay the 39%?

Nope. 24% was the legal max inclusive of VAT at that time.

Had you signed for 39% before June 1st 2018 then you'd be liable for that.

touch · 5 Nov 2019 at 21:15

robfosters said:
You can actually challenge the fee even if it’s the 20% if you feel the work carried out does not justify the fee.

You agreed to the contract that said they would represent you in your PPI complaint. They've done that and your complaint was successful and resulted in a payout. I think you'd have a hard time arguing that they didn't carry out the work agreed on?

robfosters · 5 Nov 2019 at 21:16

el_dazza said:
Nope. 24% was the legal max inclusive of VAT at that time.

Had you signed for 39% before June 1st 2018 then you'd be liable for that.

That’s what I’m saying. Have they now got the right to demand I sign a contract or invoice for 24%? Suppose I said no, I dont agree, what recourse would they have?

dowie · 5 Nov 2019 at 22:51

robfosters said:
That’s what I’m saying. Have they now got the right to demand I sign a contract or invoice for 24%? Suppose I said no, I dont agree, what recourse would they have?

Did the compensation get paid directly to you?

robfosters · 5 Nov 2019 at 22:58

dowie said:
Did the compensation get paid directly to you?

Yes

dowie · 5 Nov 2019 at 23:03

robfosters said:
Yes

So what did they actually do for you - did they just notify you what products you had PPI on etc..?

I mean I'd ignore the involve for the illegal fee, but if they do send an invoice for the 20% fee then you might want to post on the money saving expert forums or check with the CAB.

el_dazza · 6 Nov 2019 at 13:18

robfosters said:
That’s what I’m saying. Have they now got the right to demand I sign a contract or invoice for 24%? Suppose I said no, I dont agree, what recourse would they have?

You'll probably end up in court. You signed to allow them to act on your behalf. They did that.

Have they been successful in recovering money for you?

dowie said:
So what did they actually do for you - did they just notify you what products you had PPI on etc..?

I mean I'd ignore the involve for the illegal fee, but if they do send an invoice for the 20% fee then you might want to post on the money saving expert forums or check with the CAB.

Don't do this. Having worked for one, I've seen many people taken to court and the judge ruled in the company's favour. It also doesn't matter if any money was paid directly to you. This is often the case, the company will invoice you after you've been paid out.

Tee Hee Johnson · 6 Nov 2019 at 13:31

I done this a few days before the deadline using resolver.

Had a few 'we could not find any ppi on products', had a few 'please bare with us' and had two success.

In both they felt the ppi was not missold and would have been beneficial to me if something had happened.

That said, in one the commission gained from selling ppi was not declared to me... so I got that back plus interest.

Another one decided as a good will gesture to pa me back the 3 months of premiums I paid then interest on that. I'm actually pretty sure in that case the sales man (car) asked me to keep it on for a month or two for his benefit, hence why I only paid 3 months worth.

So £117odd in my pocket

dowie · 6 Nov 2019 at 13:39

el_dazza said:
Don't do this. Having worked for one, I've seen many people taken to court and the judge ruled in the company's favour. It also doesn't matter if any money was paid directly to you. This is often the case, the company will invoice you after you've been paid out.

Don’t do what? Why would a judge rule in favour of an illegal fee?

Why would going to citizens advice be a bad idea?

Pudney · 6 Nov 2019 at 13:41

dowie said:
Don’t do what? Why would a judge rule in favour of an illegal fee?

Why would going to citizens advice be a bad idea?

It's probably in reference to the "ignore it" part of your post.

dowie · 6 Nov 2019 at 13:43

Pudney said:
It's probably in reference to the "ignore it" part of your post.

And that was only in reference to them charging over the legal amount so I don’t see why that would be upheld in a court.

touch · 6 Nov 2019 at 13:43

dowie said:
So what did they actually do for you - did they just notify you what products you had PPI on etc..?

All the PPI company does is ask you what lenders you have used for credit and submit complaints to those lenders on your behalf.
"what did they actually do": effectively, they took a copy of the information sheet he sent to them, photocopied it and posted to the lender(s). Probably 20 mins work + the cost of a stamp - but it's exactly the work he asked them to do for him so there's not much room for complaining that they didn't do the work.

Pudney · 6 Nov 2019 at 13:45

dowie said:
And that was only in reference to them charging over the legal amount so I don’t see why that would be upheld in a court.

Disputing a fee isn't the same as "ignoring" something. Disputing and getting advice is a sensible course of action!

el_dazza · 6 Nov 2019 at 18:24

dowie said:
Don’t do what? Why would a judge rule in favour of an illegal fee?

Why would going to citizens advice be a bad idea?

That seems to not be the point here. You seem to be of the position 'don't pay them at all' which is dreadful advice. You've also advised him to get further advice on paying the 24% fee. Why exactly? They've done what was asked of them, pay it. If it went to court, it would all depend on when a contract was agreed. If it was signed PRIOR to the fee cap, then it would still be permitted to charge said percentage. If they tried charging the higher percentage AFTER the fee cap, then they'd not have a leg to stand on as that's unlawful.

robfosters · 6 Nov 2019 at 20:49

el_dazza said:
That seems to not be the point here. You seem to be of the position 'don't pay them at all' which is dreadful advice. You've also advised him to get further advice on paying the 24% fee. Why exactly? They've done what was asked of them, pay it. If it went to court, it would all depend on when a contract was agreed. If it was signed PRIOR to the fee cap, then it would still be permitted to charge said percentage. If they tried charging the higher percentage AFTER the fee cap, then they'd not have a leg to stand on as that's unlawful.

It was signed after the fee cap. This is my bug bear. They would have known full well they was charging me an illegal fee, and they didn’t own up to it, just sent me an invoice for the illegal fee.

The_Abyss · 6 Nov 2019 at 21:34

Perhaps they just made a mistake, which they're now correcting? You signed the contract - why would you not pay the fee?

el_dazza · 6 Nov 2019 at 21:36

robfosters said:
It was signed after the fee cap. This is my bug bear. They would have known full well they was charging me an illegal fee, and they didn’t own up to it, just sent me an invoice for the illegal fee.

Just query it, I'm sure they'll sort it

dowie · 6 Nov 2019 at 21:55

el_dazza said:
That seems to not be the point here. You seem to be of the position 'don't pay them at all' which is dreadful advice. You've also advised him to get further advice on paying the 24% fee. Why exactly? They've done what was asked of them, pay it. If it went to court, it would all depend on when a contract was agreed. If it was signed PRIOR to the fee cap, then it would still be permitted to charge said percentage. If they tried charging the higher percentage AFTER the fee cap, then they'd not have a leg to stand on as that's unlawful.

It was signed after the fee cap, he's already told us that when he first mentioned it! I've not said don't pay the revised invoice I've suggested that he could seek advice on that... Why? Well if there is a chance that he could get out of it as a result of them trying to overcharge (seems unlikely that he would be the only one either) then screw them... I don't know what penalties there are for overcharging or whether they stand to lose more by him reporting their attempts at overcharging etc... have they since made efforts to refund others who didn't realise they'd been overcharged etc..etc.. ergo the suggestion to get advice on it.