How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UKSolicitorJA Your Own Question

UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
Type Your Law Question Here...
UKSolicitorJA is online now

Client signs with an PPI management company(refered to the

Resolved Question:

Client signs with an PPI management company(refered to the CO hereinafter)to pusuue a PPI claim against bank with 25% fee for any money recovered. After several months the client found unprofessional management & errors by the CO & cancelled verbally the agreement . Client then pursues the Bank direct & completes a complaint form to the Financial Ombudsman( FOS) . After 12 months and constant checking wih the FOS the Bank accepts the Clients claim and refunds with cheque direct to Client. After no communication at all from the CO with Client or with the FOS or Bank (after it initially rejected the claim put in by the CO) the CO has put in invoice for full 25%. The Client states there is no debt , the CO is now threatening Court Summons. Does Client resist or negotiate a compromise ?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.

If the client cancelled the contract with the CO validly, then the client is not liable to pay any fees to the CO as the contract was cancelled due to poor service from the CO.

The CO is obliged to,provide the service with reasonable care and skill and in a reasonable time period under the Supply of Goods and Services Act.

If it did not do so, as appears here, the client should defend any claim brought by the CO and not offer to compromise unless it is for a token sum.

The claim was successful as a result of the client's initiative, not the COs.

Hope this helps
Customer: replied 2 years ago.

Thanks for reply. The Cancellation agreement states "Cancellation of Agreement can be made within 14 days in writing of the date it is signed. After this date our fee of 25% will apply on any offer that has been made in writing or verbally to eithr ourselves or the Client". My argument here is that errors & mismanagement by CO relating to the Client business was found several months after 14 days of signing the agreemen, As CO did not pursue the claim to the best inerests of the Client (which is stated as one of COs responsibilities under the agreement) the Client verbally cancelled agreement to which no objection was made or a cancellation fee mentioned.

Do you still uphold your original advice

Expert:  UKSolicitorJA replied 2 years ago.
Yes, my advice still stands although the final say will rest with the court.

You may argue that the cancellation clause is unfair and unreasonable in the circumstances and should not be held up by the court.

Hope this clarifies.
Customer: replied 2 years ago.

Finally I hope last question. The law firm representing the CO is suggesting that if Client continues to dispute all or any part of the debt the dispute will go to alternative resolution (ADR) in an attempt to settle the matter.

Is that procedure OK or should I go to court.


Thanks John Palmer

Expert:  UKSolicitorJA replied 2 years ago.
That is normal as the courts prefer that parties settle out of court as far as possible.

You may accept to go for ADR.

All the best
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and 2 other Law Specialists are ready to help you

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice