Claimeasy/Wilkinson Chapman chasing PPI refund fees

[Cuthbert38]

 

 

 

	Consumer Action Group
	Hi CAGBot, A user has sent a message using the Contact Us form.     [name and email removed] said: My partner instructed a ppi company to act on his behalf 3 years ago. He received a cheque directly from the bank. He has not received any letters from the ppi company setting out the amount chased and the amount owed.   Ppi company have confirmed that they never sent out the letter. They said they had sent text messages that my partner has never received.   Ppi company have confirmed they should have sent this debt to a third party but this has never happened due to an oversight on their part.   This debt has now appeared in a spreadsheet hence why this is now been chased 3 years on. Partner has received a letter yesterday detailing a amount owed and said he could pay back reduced amount.   Giving that this letter is the first correspondence in three years, where does he now stand? Ppi company have admitted errors in their procedures as above.   Many thanks    — Consumer Action Group
	Consumer Action Group, Reclaim the Right Ltd, 923 Finchley Rd, London , NW11 7PE

 

 

[Andyorch]

Hi and Welcome to the Forum.

 

If you could give us some names....what Bank what PPI Company and refunded from who ....and who is the DCA that is chasing the refund.?

 

Andy

[Cuthbert38]

Hello. Bank was lloyds. Ppi company is claimeasy and debt collection company is Wilkinson Chapman. I just think its unfair that my partner is being chased after 3 years of having no correspondence or contact from claimeasy. Many thanks 

[Andyorch]

So not exactly a DCA ....Wilkinson Chapman are Solicitors...so be careful.

 

Could you possibly scan redact and upload a copy of this letter...Its important to see what discrepancies that they admit to and how it could affect and possible court claim .

 

Andy

[Cuthbert38]

I will take a photo of the letter my partner received yesterday, I'm at work at the moment though.

 

It says the  amount outstanding and that they would accept a reduced amount if he rang in.

This is the only communication he has received from claimeasy.

 

They confirmed over the phone that the initial letter from them stating amount claimed from bank and amount to pay had not been sent. He has not received any texts or emails chasing and they admitted that debt should have been sent to Wilkinson Chapman but due to an oversight in their part this had not been done. 

[Andyorch]

So Wilkinson Chapman are acting for Claimeasy as their client.

[Cuthbert38]

Claimeasy have confirmed that Wilkinson Chapman should have been appointed to chase the debt owed to them but they were never appointed due to an oversight on their part.

 

This debt has only resurfaced as part of a spreadsheet exercise.

My partner has not received any correspondence or communication regarding this debt.

He assumed that when lloyds sent him the cheque the amount was less the amount owed to claimeasy due to the fact that claimeasy gave never contacted up until yesterday 

[Andyorch]

Okay so becoming clearer now...they want their commission on the PPI refund...they admit to errors and have therefore offered a payment plan if convenient in view of their own errors.

 

When your partner signed up to Claimeasy it would have stated in the agreement if the claim was successful how you should make payment..but they failed to request it because of an oversight or the Bank didnt inform them it had paid out.

 

Is it a considerable amount ?

[Cuthbert38]

Yes to everything above!

 

The amount is 6XX.00 

Can be paid over 12 months or a reduced amount of 530 over 3 months.

 

Both amounts are a lot of money,

partner has just returned to work after being furloughed for 3 months, so no spare cash to spare unfortunately 

[Andyorch]

Thanks.....quite considerable then.....if your partner signed the contract and returned it then he has agreed to their T&Cs...and therefore legally obliged to repay the money.Should they issue a court claim they will have a signed contract and legal basis of their claim......however they have made errors and not followed their own procedure...or the Bank has not...either way there was a mix up.

 

They have offered a discount in view of their errors albeit payable over 3 months or the full amount over 12 months.

They have taken over 3 years to correct the error but expect you to comply within 12 or 3 subject to what you wish to pay.I would therefore write back to the Solicitor and explain that due to the current climate and only recently coming off furlough that he is not in a position to accept either offers....but would consider a payment arrangement over 3 years the same as their client has taken to correct their mistake.

 

That would equate to £17 per month....which I assume would be acceptable.You could offer more if in a position and reduce the time.

But the above is only proviso subject to your partner signing an agreement with their client.

[Cuthbert38]

Thankyou, that sounds very reasonable.

 

We gave a manager ringing us tonight from claimeasy, to discuss this further.

I will put this proposal forward to them and mention I have contacted yourselves.

I will also get everything in writing!

Thankyou so much, I will keep you updated. 

[Andyorch]

Yes very important that you have a paper trail...it may be fundamental at a future date.

[dx100uk]

did your OH sign a letter of authority for them to act upon his behalf?

or anything else like a contract sent or online?

 

how did he get involved with these fleecers

expand your story please

 

ideally you should not be talking to anyone on te phone regarding any debts whatsoever.

but if you must ensure you record the call.

 

dx

 

[ericsbrother]

Agree with the above, an ink sig would not be necessary to create a binding agreement but they should have a paper trail that showed he signed up online and was sent a full set of terms to agree to, either in the post or via an email. I dont think a text would be binding as a phone number isnt an address.

 

in light of this keep off the phone and no more texts. If necessary block the number.

 

go through what you have and check their figures, they usually charge a percentage of anything they recover so the bank paying you after receiving their demand will show a contract exists unless you can show otherwise.

 

what you shouldnt be paying is any fees or interest added since as they will have only been accrued by their own incompetence and not part of the original deal.

 

if i owed you money and you forgot to ask me for it you cant add interest to the bill other than to the time you made the formal demand and the time a court decides I owe it.

 

if interest was to be added to the entire sum then a credit agreement must exist between us and the same applied to this lot. that agreement MUST have been sent through the post  as a regulated financial agreement

[dx100uk]

would be nice if the OP cameback after a week and engaged with this thread..