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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Sing up with PPI firms they wrote to the bank and the bank

Resolved Question:

Hi sing up with PPI firms they wrote to the bank and the bank wrote back to them advised them they will progress my claim directly with me had refund now they want 39%of refund were do I stand
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if you had written to the banks previously to signing an agreement with the claims company please?
DId you understand that the claims company would claim a percentage of any refund you received?
Did they banks refund you without any effort on your part or did you have to pursue a claim with the bank directly to achieve a refund?
Customer: replied 1 year ago.

Yes I did.yes I did but the bank refused to deal with them .the bank wrote to me and kept me up to date

Expert:  Joshua replied 1 year ago.
Thank you. This situation is not entirely uncommon. The position is from what you say that you appointed the company to act as your agent and representative and will likely have agreed to pay them the fee you refer to in consideration of their service. From what you say (though it must be conceded through no fault of their own) they did not procure the refund on your behalf because the bank refused to deal with them. The company will no doubt argue that their terms provide that you are liable to pay their fee whether or not they actually procured the refund but rather that the fee is payable if you receive a refund.In the assumption this will be their argument, there is some case law in respect.Foxtons v Pelkey Bicknell & Anr [2008] concerned a contract for an estate agency but much of the decision would appear to apply here. A very brief summary fo the facts are that Bicknell appointed Foxtons (an estate agency) to ell his house for him. They failed to find a buyer so he dismissed them and appointed another agent who did find a buyer. Foxtons (the original agent) claimed commission on the grounds that the buyer that the second agency found had contacted Foxtons to express an interest and they were therefore due commission. However the Court ruled that Foxtons were not due commission because they had not facilitated the sale and the fact that the eventual buyer had originally contacted them was not enough because they needed to show that they actually led the buyer to the purchase.Obviously the facts are very different to your situation but the importance of the decision is that it decided that an agent had to show they were instrumental in providing the service for which they are entitled to commission in order to be able to claim it and a term in their agreement that provides that they are entitled to commission otherwise is an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 and therefore cannot be enforced. The UTCCR provide " A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer." and in particular that "obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his" will be unenforceable and unfair. Accordingly you can consider an argument that you are not required to pay them a commission payment because they were not in any way instrumental in obtaining a refund for you because the bank refused to deal with them and that you carrried out all the work yourself and that any term that requires you to pay commission under those circumstances is an unfair term under the UTCCR 1999 as above. If you cannot reach agreement with the claims company you can submit a formal complaint and if you remain unsatisfied you can refer your complaint to the Legal Ombudsman service which can make a binding decision independently on your behalf free of charge. There is more information about the procedure here:https://www.gov.uk/complain-about-claims-company I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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