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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need some advice please. the claims guys contacted Halifax

Resolved Question:

I need some advice please.
the claims guys contacted Halifax bank on our behalf to see if we took out ppi on our mortgage. we signed a letter of authority for this claim only.
we received a letter from the Halifax bank to say no ppi had been taken out on the mortgage, so we left it at that and any letters received from then on from Halifax and the claims guys were thrown away.
a while later I received a phone call from Halifax to say ppi had been taken out on a loan in 2002, over the next 2 weeks information was given over the phone with Halifax, after a while I received a cheque for £1500. Halifax contacted the claims guys, now they want £500.
they contacted us for their payment but we feel they didn't do anything for their fee, so they sent us a copy of the agreement, a copy of the form we signed, and a form we didn't sign. the claim number on the form we signed does not match any claim no., the form we didn't sign is the form with the winning claim number. as we didn't sign and return that form should we have to pay the fee, as it went straight in the bin when we received it.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Please confirm that you did sign their terms? Did it say it was for this claim or any claim?
Customer:

any

Customer:

this claim only not any, sorry

Customer:

I received 1 letter of authority to sign only, with the claim reference no2161942, this letter only had mortgage details and bank account number on it.

Customer:

I never sent any other forms back as Halifax let us know there was no ppi on the mortgage. so we stopped there. we threw further correspondence away. recently they sent a copy for us to see, also enclosing a form with our details on it but without our signatures, this was not a photocopy. this had the claim reference number2251645, which was the claim that won. if this form was sent to us we did not see it or sign it or send it back, therefore they had no authority to work for us for any other claim than the original letter of authority that we did return.

Customer:

the bank details for the loan in 2002 were different so they could not have used other details as they were not presented to them.

Customer:

Halifax also said in a letter that they had not received authorisation from the claims guys so they would deal with me direct over the phone, they only dealt over the phone about the loan in 2002

Customer:

surely the letter we signed only covered the claim on that form as there was a claim reference number, recently they sent us a copy of that one and a letter of authority that we didn't sign and did not put any claims details on it, but that is the one with the winning claim number on it, but no bank details, no account details.

Alex Watts : So this is in effect a brand new claim, is that right?
Customer:

yes I suppose it is as we only asked them to look into the mortgage for ppi

Customer:

we only gave them details for the mortgage. Halifax contacted me by telephone regarding the loan after they had sent the letter to say there was no ppi on the mortgage. I thought it was all over until the phone call.

Alex Watts : Ok well that is good news. If it was only for one claim and that did not go through then you are not liable.
Alex Watts : That is because it did not say any and all claims - just this one,
Alex Watts : This is poor drafting on their behalf.
Alex Watts : You were only liable for that claim only. That failed. So there is no fee to pay.
Alex Watts : You did not ask them to deal with a loan, just the mortgage.
Alex Watts : Therefore no payment is payable.
Alex Watts : In any event even if it was they have not actually done anything to justify it.
Alex Watts : So to be clear, you do not owe anything.
Alex Watts : Can I claiffy anything for you about this today please?
Customer:

please could you let me know how I can go forward with this as they are constantly telephoning, texting and emailing us for payment.

Alex Watts :

You need to write and ask that ALL communication be in writing and that you dispute they owe it

Alex Watts :

Ask them to point to their terms where they say that you are liable for the loan PPI rather than mortgage

Alex Watts :

They wont be able to provide it

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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