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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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I signed a contract with a PPI company back in July 2012.

Customer Question

I signed a contract with a PPI company back in July 2012. I had already started the process myself in the May. They started looking at a few account but keep adding new accounts to the original list and then telling me that I owe them money. I have received only one pay out and this was based off an account I did the work on starting in May. Am I liable to pay them a % of my payout?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What did they do upon your account?
Customer: replied 1 year ago.
They kept sending me letters to sign for authority. I became a little unclear in the end what I was signing for, so many of them.
So I stopped signing and then they sent me a letter to say that they had outstanding documents. then a bill to say I owed them money. I can't reach them by phone everything is by letter or email. They keep adding new accounts to the list each letter.
Customer: replied 1 year ago.
what do you mean? Bank Smart is the PPI firm.
I would like to cancel them acting on my behalf altogether but not sure how I stand.
They have not managed to pull one claim through for me. I feel pressurised.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Attached is from their system under a login they gave me.
They want to charge me Over £1000 for breach of contract they said. I'm not sure what to do. Should I just cancel and pay the bill? where do I stand?
Expert:  Jo C. replied 1 year ago.
If you cancel the contract you may be liable for any work they have done between the date you instructed them and the date you cancel. You may be liable for that even though they are working on a no win no fee basis although whether you are liable or not would depend on the details in the contract you signed.
If they pursue you for this money and ultimately take you to court they could win or lose depending on, once again, the contract you signed.
What you would be better doing would be paying them some money (for example 25% of what they are asking for) and saying in the letter that this is offered in full and final settlement of any money that is due to them and that you don’t want them to act any further on this.
Customer: replied 1 year ago.
Can they still take me to court?
Also if I started the claim before they got involved and I received a payment, do I have to give them a %
thanks Jo
Expert:  Jo C. replied 1 year ago.
You can never stop them taking you to court. However just because they take you to court does not necessarily mean that they will win. In many circumstances like this they would not bother pursuing it if you decided to defend it if they thought was any chance they were going to lose.
It really does depend on the wording of the contract.
However that should not stop you defending any claim they may bring in respect of any claim that you did and one based upon the documentation you sent to the lender.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Hi Jo this is what I signed attached.
I am kicking myself at how stupid I've been.
Also attached are the Bank Smart t & C'sI started the PPI Process myself with Barclays back inApril 2012 and didn't sign this agreement until July 2012 are they entitled to a slice of the payout? thanks for all your advice.
Kind Regards
Tracy
Expert:  Jo C. replied 1 year ago.
Under clause 2.2 which refers to clause 2.8 you agree that once the process is started, you will pay the fees.
It also says that you’re liable for the fees whether you get any benefit either through that company or personally. You are also liable, surprising it may seem, if you get any money through a third-party management company.
Even though they may not have produced a result for you they have done some work on this and they are entitled to be paid for that work. How much that work is is debatable of course.
My thought would be to send them a cheque for £200 saying that it is sent in full and final settlement. You should go on to say that should they cash the cheque it will be deemed to be accepted. I would also tell them that if they don’t accept it, they should send it back to you.
It’s up to them whether they accept the cheque or whether they pursue the matter, to court if necessary.
Make sure that you mark the letter Without Prejudice Save as to Costs so that they cannot produce the letter in court and say that you already admitted to £200 and therefore you must know something it’s only the amount which is in dispute.

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