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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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I had a PPI claim with Barclays Bank I filled in all the forms

Customer Question

I had a PPI claim with Barclays Bank I filled in all the forms in my self sent back to Barclays Bank at an address I was given by the bank in July 2012 I was paid out no problem. In August 2012 I received a letter from PPI Claims numeruos phone calls stating that I owe them £4651.44 for completing the application forms they said they have my signature authorising them to carry out the claim. I explained to them that I completed all the paperwork myself and I asked them to forward me complete copy of the application they had on file which they did BUT IT IS NOT MY SIGNATURE or the form which I completed. I hadn't heard from them again so I thought the file had been closed.

On 24th September 2013 I received a letter from Black Lion Law LLP stating the same as above and I told them the same they to sent me a copy of the same Application Form I expalined to them that it is not my signature so on 30th January 2014 they have sent me a letter threatening to take me to court if I do not respond in 14 days.

So I am asking now for your advice
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

Are you saying you have never dealt with the PPI claim company? Why would they make a false claim against you?
Customer: replied 3 years ago.

The forms I filled in were to the Finanacial Ombudsman Service which contains 6 pages the form the Black Lion Law is saying I filled in is a 2 page questionarie form PPI Claims. I still have the blank copy of a PPI claim Forms in my posession which has been typed in sent to me to sign but I never did.and as I stated before it is not my signature

Expert:  Alice H replied 3 years ago.

OK.

 

The bottom line is that if you did not instruct the company to make a claim on your behalf then you are not liable to them for fees.

 

An agreement which bears a forged signature is not a legally enforceable contract.

 

The best thing to do is write back to the company to tell them that you are not liable for the fees as you did not instruct them and the signature is a forgery.

 

If they take you to court - they will have to prove that a) you instruct them b) signed the contract c) agreed to pay their fees.

 

If the court decides that the paperwork bears a forged signature then you will not be liable for the fees.

Customer: replied 3 years ago.

Many thanks for your advice I will write back to the company tomorrow and say that I have taken legal advice and tell them that I not liable for the fees and I see what will their answer will be


 

Expert:  Alice H replied 3 years ago.
OK, good luck! Alex