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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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I HAVE USED A CLIAMS MANAGEMENT COMPANY TO GET PPI REPAYED.

Resolved Question:

I HAVE USED A CLIAMS MANAGEMENT COMPANY TO GET PPI REPAYED. IN MAY 2012 BUT THE BANK SAID THERE WAS NOTHING TO REPAY. THE CMC CLOSED THE FILE IN JUNE 2012.THEY CONTACTED ME AGAIN MID AUGUST 2013 I SINGNED A NEW LETTER OF AUTHERISATION 28 SEPT 2013. MY BANK SWENT 7 LETTERS OF OFFERS DATED 30 SEPT 2013 STATING THAT THEY HAD REVIEWED MY CASE, THE CMC SENT OF THE LOA TO MY BANK AFTER THE OFFERS HAD BEEN MADE. THE QUESTION IS DO I NEED TO PAY THE CMC WHEN THEY DID NOT HAVE A VALID LOA AT THE TIME THE OFFERS WERE MADE. THANKS TERRY MONAGHAN
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.


the cmc are possibly taking me to court which i do not want, i feel that they are trying to place a bet on a horse race that has already been run. would there first loa still be valid in law some 16 months later, and given that the cmc have not looked into my compliant in acordance with there contract. and with variouse discrepencies of dates. would i have a case in court with my refusal to pay. terry

Expert:  Jo C. replied 3 years ago.
Thank you.

By LOA, I presume that you mean letter of acceptance?

Was there anything left to pay?

Did you have a loan with PPI on it?

I'm sorry if I'm missing the point but why was an offer made if there was nothing left to pay?
Customer: replied 3 years ago.


LOA is letter of authority , I had a chain of 7 loans over about 15 years but the last loan did not have PPI with it. there was a total of £13,748 on the previouse loans in PPI, my point is the new LOA was dated 28/09/2013 the letters of offer in settlement from the bank were dated 30/09/2013 and so they will have been working on them before the CMC would have recieved the new LOA. {hence the horse race}

Expert:  Jo C. replied 3 years ago.
Thank you.

I have seen cases like this go either way.

I've seen judges take the view that if the work was done, and you received the money, then you should pay.

I have also seen judges tell the claimant that since they had no letter of authority to do the work, even though they did, they should not be paid.

The truth is that there is no way of knowing, if this went to court, whether you would get the 1st judge or the 2nd. For that reason, it depends upon how much risk you want to take. If you are happy to run the risk of being sued and losing then refuse to pay. It's not then you could send them a cheque for 50% in full and final settlement.

There are more likely to cash the cheque but not. Sending a cheque rather than making a simple offer is much more tempting for them.

Can I clarify anything for you?

Jo
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