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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I completed a "no win, no fee" PPI claim form and sent it off.

Resolved Question:

I completed a "no win, no fee" PPI claim form and sent it off. I was unaware at the time that the insurance was in joint names with my wife. The PPI claims company phoned me some months later and said that they couldn't pursue the claim unless my wife signed the consent/agreement form that would enable them to proceed with the claim. They sent out another form for my wife to sign. In the meantime the bank (and issuer of the PPI) wrote to me directly saying the same thing.
My wife refused to sign the claim company document and said that she'd deal directly with the bank. I assumed that my contract was over with the claim company as my wife wouldn't sign the form. Sometime later the bank sent a cheque as refund for the mis-sold PPI. Then a few months after that the PPI company claimed I owed them their 20% fee. I argued the situation with them and they passed the so called debt on to a recovery company. I argued the debt with the recovery company and heard nothing else since May 4th 2012. I have suddenly, within the last month, got a bill from a "Law Firm" requesting the outstanding balance!! I've telephoned them and they say they will pursue it in court. They are acting for a third party that the "debt" was sold to. Could I be liable for this debt?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did you sign any terms and conditions with the PPI company please?

Customer: I signed the initial agreement. There is a space for joint policy holders to sign which was left blank as I'd assumed the policy was just in my name. At the time I signed the agreement I was separated from my wife with a formal separation agreement and living elsewhere.
Alex Watts : On what basis are they saying they are owed the 20%?
Alex Watts : How much is the debt?
Customer: Sorry it's actually 25%..... They are saying I owe them £709.81 representing a quarter of what the Royal Bank of Scotland returned to me as mis-sold payment,protection insurance.
Alex Watts :

Did they actually do any work?

Customer: They did do work and then they advised me that they couldn't proceed unless my wife authorised them to do so and they sent me another form to fill in. I assumed that the agreement was over unless I entered into a new one with my wife. My wife is a director at RBS and didn't want to enter into an agreement with a claim company. RBS wrote to me directly and said that they'd require my wife's authorisation to process the claim. My wife wrote directly to RBS and RBS sent a cheque back directly to me. The letter of authority given to the claims company required that the money be sent to the claims company. Given that half the refund belonged to my wife and no authority was given by her to pursue the claim I can't see why there is an argument.
Alex Watts :

Did they confirm in writing they could not do any further work>

Customer: They just sent out another form and telephoned me... It was so long ago I don't have the correspondence. 😁
Alex Watts :

Ok

Alex Watts :

If they said that they would not be able to follow it through and sent you another form then you dont have to pay

Alex Watts :

This is because they seemed to end the contract

Alex Watts :

Therefore you do not need to pay it

Alex Watts :

If there was no new contract and the old one ended it then the contract has ended.

Alex Watts :

Further if they didnt contact your wife and did not new work for the new claim then you do not need to worry

Alex Watts :

Even if they tried to take you to Court it would be a small claim

Alex Watts :

Can I clarify anything for you about this today please?

Customer: I realise I am short on evidence for a case but the fact that my wife took it upon herself to write to the bank instead of signing an agreement is an indication in itself I feel. Your questions worried me in the sense that it seemed like I could still be responsible for the debt arising from the agreement even though my wife hadn't consented to the claim being made in the first place. Part of signing the letter of authority for the claims company was accepting their terms of engagement. My (separated) wife, clearly, did not want to enter into such an agreement. Half the refund was hers. How then could I be expected to pay half to the wife and their 25% fee on top. Surely the original contract was confused at the point when both the claims company and I found out it was a joint insurance? Plus the money came directly from the bank rather than the claim company as my original agreement had requested. Sorry I just want to be clear on the legal side. Any legal quotes would be a bonus. There's no way I could get a CCJ from this is there? The guy I spoke to said I should expect some court forms to fill in. I suspect this is to frighten me but you never know. He says they will come from Northamptonshire but presumably if it went to court the hearing would take place in my local court? Thanks for this
Alex Watts : Yes if your wife didn't sign it, they said they couldn't do anything then you are not bound.
Alex Watts : You can't help it if your wife wrote to the bank.
Alex Watts : Its possible to get a ccj I can't give you a 100% you won't.
Alex Watts : But in any event you would be able to defend the case if it won't go court
Alex Watts : They stopped the agreement, you didn't.
Alex Watts : Can I clarify anything for you?
Customer: I'm interested in why they think they would have a claim if my wife hasn't signed their documents. In what circumstances could it be conceived that I owe money when my Wife was clearly not part of any contract with the credit claim company despite being a joint policy holder for the claim in question?
Customer: that was my last question 😉
Alex Watts : Exactly, that is the whole point. At most you didn't do anything your wife did. Therefore they are not entitled to payment.
Alex Watts : Does that help?
Customer: Yes thank you 👍.... I will stand my ground .😤
Alex Watts : Please do.
Alex Watts : If this answers your question might I invite you to rate my answer.
Alex Watts : If the system won't let you please do say.
Alex Watts : If you need more help please click reply.


Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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