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Budget 2016: FCA to regulate claims management companies The government has moved to make the Financial Conduct Authority (FCA) responsible for regulating claims management companies. Announced as part of today's Budget measures, the Treasury said it would introduce a ‘tougher’ regulatory regime for claims management firms. This followed a review of the claims management industry which recommended a cap on the amount such firms can charge. ‘The government is clamping down on the rogue claims management companies that provide bad service and bombard customers with nuisance calls,’ it said. ‘The new regime will be tougher and will ensure claims management company managers can be held personally accountable for the actions of their businesses.’ The Treasury said the FCA would be put in charge of the new regulation. ‘In order to ensure that the new regulatory regime is implemented effectively, the government intends to transfer responsibility for regulating claims management companies.’ The move to regulate claims management firms follows a National Audit Office report into financial mis-selling redress, which discovered claims management firms made between £3.5 billion and £5 billion from the total £22 billion paid out to victims of payment protection insurance mis-selling. City Wire High quality global journalism requires investment. Please share this article with others using the link below, do not cut & paste the article. See our Ts&Cs and Copyright Policy for more detail. Email ftsales.support@ft.com to buy additional rights. http://www.ft.com/cms/s/0/1cadccd4-eb8f-11e5-bb79-2303682345c8.html#ixzz439YM4YFJ The prominence of CMCs has risen in recent years with scandals such as payment protection insurance, where banks have provisioned a total of £30bn for compensation, making it the UK’s costliest instance of mis-selling. CMCs are estimated to have received as much as £5bn of the overall £22.2bn paid out by banks in PPI compensation between 2011 and 2015, according to a recent report by the National Audit Office. Financial Times -
http://www.itv.com/news/central/2016-03-02/disabled-woman-claims-council-bailiffs-illegally-seized-her-car/ A disabled driver claims police and council bailiffs may have broken the law by seizing her car after accusing her of not paying a £60 bus lane fine. Blue Badge holder Cherry Clarke says she was physically removed from her Toyota Yaris by an officer before it was towed away from her home in Perry Barr in Birmingham. She has now been told she has days to pay the fine, which has risen to £93, or her car - her only means of transport - will be sold to pay the debt. Birmingham City Council claims it sent numerous letters to her address and that no Blue Badge was on display when the Toyota was taken. -
Hello fellow forum members I'm looking for some advise for my sister who has had her insurance renewal come through at a higher than expected price. Upon looking into the renewal, it shows her no claims bonus is at 4 years, not the expected 9years that she should be entitled to. She rang her insurance company today to find out the reasons why this has happened, and they have stated its due to an incident that occurred in 2015. To keep this story shorter, it was a 50/50 clash of mirrors... my sister informed her insurance of the incident (as you should do) and told them that she and the other party would be sorting the issue between themselves, she assumed that was the end of it. So now due to this minor accident, that no one has made a claim on she has lost 5 years of no claims (as she didn't have it protected) due to the fact there "may" be a possible future claim. Does this sound right? It was my understanding that any accident should be reported to your insurance company, but in doing so she is now worse off even though she has gone through the correct channels. Any help or advise would be greatly received. Thank you in advance
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I will try to fill you in as briefly as possible! In September I received documents from Northampton of a claim issued by Hoist Portfolio. the particulars of claim were very vague ie no date of debt, no date of assignment etc. I acknowledged immediately and stated intention to defend. I sent off CCA and CPR requests in accordance with the rules. These were disregarded and I received no response. It was allocated to small claims and transferred to my local court. The hearing date was set and a deadline of 25th Feb was set for returning witness statements. At this point I had received precisely zero info from the claimant as requested, I constructed my witness statement along the lines of 'I have no info re the debt so can't defend something I have no knowledge of', the claimant was attempting to frustrate my efforts to defend in not disclosing any information and disregarding my CCA request and CPR request. I served a copy in the claimant and made sure it was with the court in time, brownie points to me I've now received (after the deadline) the claimants statement, and I'm wondering what to do. In their bundle they have the original agreement (in a different name to that on the court docs) but barely legible, a statement of account, and issue of default. My query comes in because on the statement of account, there are payments between July 2009 and Feb 2011 which came from a current account but we're not expressly authorised by myself. The debt is for a credit card and I had a current account with the same bank. So these payments were taken from my current account (I guess under the original contract I signed for the card this was authorised) but I didn't expressly make those payments myself. In fact I seem to remember trying to stop the payments, and they kept taking them without my agreement. Do these count as acknowledgement of debt? If these payments are disallowed, the debt should be statue barred (date of default was 25th June 2009 and I would argue that subsequent payments were not made with my authority). Or does it not matter, as I signed a contract therefore indicating my authority to take these payments? If it's not statue barred what should I do, as I'm now thinking they have me over a barrel even though their documents were late to arrive. Apologies if this doesn't make sense to you all, it does in my little head! Many thanks in advance for any advice you can offer! -
http://www.scotcourts.gov.uk/taking-action/small-claims There are some significant differences between England/Wales - Scotland the link above will advise on how to take action in Scotland (Small Claims) -
A small claims claim has been issued against me for breach of contract. The contract that I am supposed to have breached was cancelled in accordance with the company's cancellation procedure months ago. I am quite happy to defend the case on this basis, however, for a bit more ammo if required, I am wondering if there is any merit in the following. The copy contract supplied in the court claim by the claimant, is not the same as the original copy that I hold. The claimants supposed copy has been increased in monetary value and has been re-written. eg. the same person has signed and dated the copy but it can clearly be seen that the signature is in a different place to the original and other parts have been re-written or overwritten. I am interested to know how the court would view the Claimant tampering with the copy that they are relying on for their case? To my mind this is falsifying documents as it is not a true copy of the original? Will the fact that they are claiming a larger sum than was in the original enhance my defence? Any thoughts appreciated nn -
Can someone please clarify exactly what Form I am supposed to complete for a section 214 claim against a landlord for non-protection of deposit monies. Is it N1 or N281? I obviously need to do it the cheapest way possible. I am also representing myself. Thank you.
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Hi all Apologies for the long post. I am in the process of a complaint ith Abta about a holiday i have yet to take but i believe there has been a breach of contract and i want a full refund or flights changed. When you read the complaint it may seem like a small issue but the deceptive behaviour and outright lies are what make me want to cancel with this company. I booked a holiday to go to Turkey on 25th May. I paid the deposit online but received an email a few days later stating that the rooms are not available but they have a different room for £313.07 extra of which Loveholidays would pay half. I said that would be fine but the next day (Sunday) i received another email stating that even those rooms are not available. So i spent the day looking with other companies and found the holiday available with another company for a cheaper price on different dates which were preferential (during half term). My family discussed it and arranged the dates with their work. When i called Loveholidays, i explained that i am phoning to cancel as i have found the holiday cheaper elsewhere with different dates. She agreed as they were unable to find availability and said it would take 3-5 days to get our money back. As i knew it would take at least 3 working days to get the deposit back, i told the manager (Hannah) i had found the holiday cheaper elsewhere with better dates and asked if she could match the new price and dates rather than waiting for a refund. She said she will find out and call me back. She calls me back in the afternoon stating that she has once again found the rooms (the 2nd option) for the original date and that i will still have to pay the extra money. I explained that i did not want and would like to cancel it as the other company was still cheaper and the dates more suitable. She said i would have to pay £400 admin fees for the flights if i wanted to change them but i could not get a full refund as the flights are non-refundable. She had booked the hotel without my consent as i asked if she could match the new price and dates i had found. NONE of this was mentioned in the call earlier that day. I told her to make me an offer so i can choose whether to stay or cancel. At no point did she tell me that if she found room availability i would have to take it. Basically, the choice was taken away from me. If she had stated that in the morning i would definitely have cancelled and she should have mentioned this. Within a few hours i lost the ability to cancel this booking. I never asked her to book the rooms for me. I asked for her to give me options if she could match it but she has not. It is strange how they finally found room availability when i explained i had found the holiday cheaper elsewhere and i am extremely angry that she has done this. It is very conniving. I do not want to be held over a barrel and i did not ask her to book the rooms. I asked her what would be available for me if i decided to stay. While she has agreed to write off the extra money to be paid for the rooms, she has also given me no choice but to stay with Loveholidays. So my question is, should i bother pursuing it through the small claims court as i already know they have replied to Abta and disagree with me so we will be at deadlock. It may seem like a high price to pay for a principle but the lying incompetent manager should not be allowed to do this to people as a sneaky tactic of holding onto customers. Any help appreciated and sorry again for the long post.
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Child diagnosed with a disability at age 4, made a claim for DLA a few years later and has been receiving it to date, child now 16 and has made a claim for PIP after being invited to. With an unrelated issue, contact was made to GP to ask proof of disability, GP's can't find medical notes so were unable to help, all records computerised, there are notes relating to his disability though not an actual diagonsis - child has very rarely seen GP and his difficulties have been dealt with by his family. Fast forward with regards claim for PIP, child would not go to an assessment so Atos writing to GP. we understand its going to be very hard to get PIP, so are not holding out much hope - it's not a problem. Now to my question, if GP can't provide confirmation of diagnosis, can Atos/ Decision maker ask that previous DLA awards by repaid? Forms have always been filled in correctly and child has never been asked to attend an appointment for assessment prior to this, we assumed DLA would have already contacted GP, especially given the amount of times the award has been issued.
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Please could someone help i bought a car which went faulty after four months. i am taking the dealer to small claims court. i was given a date of 1st feb 2016, took a day off work to attend got back yesterday from holiday to find a letter from chesterfield court to say it has been struck out as i failed to comply with the previous order requiring the filing of evidence to be relied upon. im no solicitor so having gone through the paperwork i realised the court wanted me to get an expert to check the vehicle and submit his foundings. im not sure what to do now as ive paid £3250 for the car £185 for the initial fee and then a further £355 for a hearing which has now been struck out! Can i ask to resubmit the case and if so will i have to pay again i was due in court tommorow. please help
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READ MORE HERE: http://www.theguardian.com/uk-news/2016/jan/22/david-cameron-calls-for-action-on-spurious-claims-against-iraq-veterans -
Following the recent successful outcome of a couple of PPI claims (that went on for ages!) I now realise that I have done nothing about the charges, so now I'm ready to get these claims started. 2 cards, lots of charges. Just want to make sure I get this right 1st time so have done may hours of research -So this is what I'm planning to do:- Fill out the CIsheet v101 with all the charges with a start date of the 1st charge, setting the interest rate to an average of their rate taken from my statements ' Put my claim to date as today Put the total amount of charges plus compound interest into the statintsheet v101 with a start date of today. Send my preliminary letter to Lloyds enclosing the CIsheet schedule of charges requesting a refund within 14 days after which time I will send a Letter before action to include the CIsheet and the statintsheet. I'm not expecting Lloyds to payout straight away, and realise I will probably have to start a county court claim, but I need to know I'm doing this claim correctly so any advise would be much appreciated. Thanks in advance
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Up until last year I was insured as a driving instructor and had my own car and paid my own insurance and accumulated 6 no claims years from the insurers. I had decided not to continue as an ADI and looked elsewhere for insurance. I received my NCD and uploaded it to the new insurers who refuse to accept it as it was earned, they say, on a commercial vehicle. I have phoned my previous insurers and they said they have never had a problem like mine, and suggested I give permission for the new insurer to call them. The insurers I have now have said I can alter my policy on line (have tried with no success)I want to cancel within the 14 day cooling off period and look elsewhere now, for which they will charge me a fee of £25 as the policy began on 2/1/2016 and charge me for the days of insurance on a daily rate. Quote me unhappy !! Any advice appreciated. The insurers I have are the same Aviva -
Hello, please can someone help me. The freeholder of my flat pursued me for unpaid service charges through small claims at the county court. I settled the first charge with at the court as a gesture to try and get things sorted. I was also under a lot of pressure has a family member had just passed away. The second charge was more substantial and included major works. This was transferred to the LVT. The LVT ruled that the service charges were not currently payable because the freeholder hadn't fully complied with Section 47 of the LTA 1987. However, they also said that i would have to pay once he issued the service charge form correctly. I have paid the outstanding service charges, though he still hasn't done any work to the property and in fact he never has. The LVT did not rule on the legal costs and transferred the case back to County court to make the determination. These legal charges are for over £6k, more than the service charge demands. His solicitor is relying upon the following clause, to recover the legal costs, in my lease which states: 'To pay all costs charges and expenses including Solicitors Costs and Surveyors’ fees incurred by the Lessor for the purpose of or incidental to the preparation and service of a Notice under Section 146 of the Law of Property Act 1925 requiring the Lessee to remedy the breach of any of the covenants herein contained notwithstanding forfeiture for such breach may be avoided otherwise than by relief granted by the Court' Please can someone help. I saw that under CPR 27 legal costs in Small Claims are limited to £260 but there has recently been a case where legal costs were awarded because the lease took precedence (Chaplair v Kumari, 2015). In addition, i have just sold the property and it completes tomorrow. This is before the hearing is set to take place. I have also just asked for the claim to be struck out as the Claimant has not filed the statement of costs which were ordered to be served over 3 weeks ago. Please can someone help me. Many thanks in advance
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Good evening all, I've just renewed my insurance policy and moved from Churchill (Who wanted £1400 to renew me) to Hastings Premier, who wanted £400 to renew. I've informed Churchill that I'll be leaving them and my policy lapsed on 14/11/15. At this same date, my policy with Hastings has come into force. I had a bit of a grumble on the phone to Churchill, as I don't like change, and said that I think it's disgraceful that my insurance has gone up by £1000, especially seeing as I'm now 25 and have five years NCD behind me. None the less, I've left them. But do you think I can get them to send me my NCD proof? I've had at least four phone calls now with promises relating to my NCD letter, but nothing. Then, today, 18/11 I get a letter saying "Your motor insurance policy is due to expire soon and we recently wrote to you with details of your renewal. Please therefore take a few minutes of your time to discuss your cover for the next year"... etc. If they can fire me a letter out dated 13/11, then why the hell can't they get my NCD out to me when I called them and told them I wouldn't be renewing about 3 weeks ago! I don't know what to do, as Hastings Direct aren't exactly the most sympathetic of companies, I don't want to annoy them by chasing my NCD around and around, and risk having my policy cancelled! What's the crack? Where do I stand? Cheers, Caeleb. -
Hello TCAG forums, I currently have an ongoing dispute with VM over a Galaxy S6 home button manufacturing issue that has been denied exchange/repair over evidence the phone has been rooted. Most of my case has been documented here - hxxp://community.virginmedia.com/t5/Mobile/Repair-refused-on-days-old-handset-due-to-root-Galaxy-S6/td-p/2918695 To summarize for everyone on these forums, the home button was loose on delivery of the phone, but operating okay for the first few days. It then began to stop registering some pushes when the button was pressed on the right hand side. After contacting VM a few days in (within 14 days) I was offered a doorstop exchange. This was cancelled a day later and I was told I had to send for repair. Repair was refused under warranty for evidence of the phone being rooted and I was quoted £200. I refused. I contacted Citizens Advice who advised me to write to them and state the sale of good act and burden of proof. I also enclosed a copy of this article - hxxp://fsfe.org/freesoftware/legal/flashingdevices.en.html I stated it was a physical fault, and not anything caused by software. Today I was contacted and told VM are sticking to their guns and the reason for the exchange being cancelled was they wanted to inspect the phone first to make sure I hadn't misused it, dropping for example. I tried to argue that I shouldn't be held guilty to misuse until proven innocent and that other companies all exchange within 14 days and inspect the handset after exchange. I have now contacted CA again, and know the next step they will advise is raising with the small claims court. I contacted FSFE via email to seek more advice on their article and law as well. Has anyone else experienced issues over flashing an android device with other software? I've had a Nexus phone in the past sent back to Google with no issues, and even read many examples of people sending phones to Samsung under warranty with no issues. Thanks a lot. -
The Financial Conduct Authority has published its consultation paper on plans to bring in a 2018 deadline for PPI claims FCA research shows 74 per cent of people know what PPI is, but some have not got around to claiming yet because of the 'open-ended nature', which the watchdog says has created inertia. The FCA believes that introducing a deadline – alongside a high profile campaign to highlight it – will prompt many into action. Read more: http://www.thisismoney.co.uk/money/saving/article-3334759/PPI-claims-deadline-likely-2018.html#ixzz3uJ3GJTaG -
The letter said he has a lodger(he has never had one) he uses the house for immoral purposes which is really wrong as only we, his family visit him. The council has also been looking through his windows snooping. He is 64 and has heart problems. He goes to court in January but he's done nothing wrong. This is not the first time someome has reported him, last year someone reported him for his hedge. As soon as he came out of hospital after his operation he was reported for the hedge and the grass being too long. Well he couldn't walk without losing his breath, he has COPD and arthritius. He's being reported for *His house being untidy *His garden being untidy(he doesn't have the money for a lawnmower, yet the council will mow the lawn for someone with a family in the same street. *Using his house for immoral purposes *Having a lodger *A washing machine in the front garden which was gone in January *And dog mess near his front garden, he hasn't had a dog since about November when his dog died. Would CAB help him? -
Probably bit late in day to ask this. I am in a County Court tomorrow in respect of a small claim against a large company. The amount I am claiming is around £8,000. I am acting for myself and the Defendant appointed a large legal company. I was offered a Commercial Offer of £1,000 to basically go away which I refused. This afternoon I received a email from the Legal Company with a statement of costs which they have provided to the Court. They intend to claim around £25,000.00 in costs. A. should I be worried or B. top myself now thanks
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Hi all, Im at a complete loss. I got a ccj claim and thought id filled it all in correctly - wasn't entirely sure what the debt was, Im thinking a payday loan that I abandoned. I filled in acknowledgement of service and defended the claim using information I found through researching my problem and using an appropriate template from here or so I thought. I got a Notice of proposed allocation to the small claims track and have to reply in a few days and I don't know what I have done. Or more importantly what to do. Ive buried my head in the sand and Im just at a loss with it all. I think Im getting somewhere with my debts and then I go and mess it all up (sorry I know that is very woe is me) Having a really tough time at the moment with home life and anxiety and this is just pushing me to the edge. Just sold our home to move into rented accommodation and the last thing I need is a ccj causing me issues with renting a place Can anyone please advise? Many Thanks -
I am posting this on behalf of a friend so please bare with me when im answering as I have to double check before I post replys. A letter came through the post this morning from County court money claims centre giving claimants name and address and listing myself trading as my company name with my address as the defendant. I knew nothing at all about this. They are claiming £414.90 plus £50 court fees for services rendered by the claimant for advertising charges on menu booklets. The defendant has failed to make the payments due on their account. The particulars state 'The claimant contacted the defendant on a number of occasions regarding the balance however no payment was recieved'. This is where it gets a bit odd. They claim I am the defendant and that I signed the agreement , they have contacted me on numerous occasions requesting payment. However, on the agreement they have provided as proof it has my company name and my company email address (which I have only now got back because my ex changed all my passwords), my ex girlfriends address, my ex girlfriends name, her telephone number and her signature signing herself as company sec. She has never been company sec or had anything to do with my company may I add. I contacted her and she admitted taking it out and signing it, she had even paid the first two payments out of HER personal account and has offered her statements to show this, she said she was trying to be nice and get more business for me. I knew nothing of this and because we have split up she has stated she is not paying no more and refused to deal with them so this has now landed on my doorstep . Do I owe this money seeing as I know nothing of it?, I didnt sign anything, I paid nothing etc. I have sent in the acknowledgement of service stating I wish to defend this however the place where they have registered this claim is over 300 miles away from myself and I cannot travel up there so will need to do it all online. Thanks -
Could anyone advise if doorstep lenders (i.e. Shopacheck, Provident ) can be included in a claim for unaffordable lending? I had 13 payday loans when I applied for a doorstep loan, but unsure if I can claim with this?
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I have had an ongoing claim with Jet2 for compensation following a fight delay in Feb 2011. There are six family members in the group, my wife and I, and four children under 16. I am the lead passenger and paid for the flights and the booking was made using my Jet2 account. It was a technical fault and they have been using the “unexpected circumstances” excuse since 2011, and most recently said they were waiting the outcome of their appeal to the Supreme Court which they said would affect the outcome of my claim. When the Supreme Court refused permission for them to appeal, I wrote again asking for the full amount plus interest. They have now asked me to submit a separate claim for each individual or they won’t consider them. This is the first time since I first claimed in 2011 that they have made such a request. After my initial claim, they made a partial pay-out for our allocated seats booking-fee, all on the same claim. So they have the all the passenger details and they have even partially paid out on the claim. I am inclined just to go straight to the County Court now because they are obviously just time-wasting. In my most recent letter, I said that if they did not inform me within 14 days of how and when they are going to compensate me, I would pursue the matter in the court. Am I now justified in taking them to court? Is it reasonable of me to expect a reply in two weeks after an almost four year on-going case ? Their normal reply time is six to eight weeks. If I don’t submit the claims again individually, would they be able to use that as reason for not paying if I go to County Court? Many Thanks -
Looking for some advice please on whether this is allowed before I respond if a claim has been issued and a hearing date set, at the stage at which witness statements are sent can the creditor rightly and legitimately double the value of the claim within their statement and will the court allow this/take this into account when hearing the case? Cannot tell that any formal application has been made just the request within the statement...
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Greetings. I filed an N164 asking for permission to appeal about a month ago. I haven't heard anything back yet. I was wondering... is the N164 form, where you tick "I ask for permission to appeal", essentially a request to the district judge who has the case for permission? Or is the N164 with that option ticked essentially an appeal notice that will go to the circuit judge where they will decide on permission to appeal? I would like to proceed by filing an appellant's notice and ticking "No" in answer to "Has permission been granted?". Any thoughts?
