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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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HiI had a PPI company look after my claims and have been

Resolved Question:

Hi I had a PPI company look after my claims and have been very successful. In the beginning i had reconciled their fee with the thought that if they hadn't pestered me to make a claim i probably would have done nothing about it and got no money anyway. On my most recent case I ended up doing most of the chasing, the Financial Ombudsman has held up a number of Barclaycard claims due to a discrepancy with the way Barclays had been calculating the Interest. I had heard nothing via my PPI provider and ended up doing most of the chasing myself in order to get an interim settlement from Barclaycard. Seeing that i had received a settlement my PPI claims company billed me the full amount - i responded with a complaint stating that the settlement was an interim one and that i had to do much of the work myself dealing with both the FOC and Barclays Directors PPI office, they dismissed this and demanded the money. I requested a settlement figure for full and final settlement and they sent through an invoice for £300 (should have been £1400) - i asked them to confirm that this was for full and final settlement and they said yes. They have subsequently realised they made a clerical error in calculating my fee and have not in fact offered any discount based on my work. My question is two fold - should the full and final settlement payment be legally binding on the basis they offered and confirmed this. If not do i have grounds to pursue a discount on the basis i ended up doing much of their work for them. thanks

Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

yes still waiting for an answer please - its a pretty simple question of law

does someone saying "full and final settlement" constitute a contract they can then change their mind about

should i pursue the company for my time

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you would like about this today please?
Customer: replied 1 year ago.

Hi I had a PPI company look after my claims and have been very successful. In the beginning i had reconciled their fee with the thought that if they hadn't pestered me to make a claim i probably would have done nothing about it and got no money anyway. On my most recent case I ended up doing most of the chasing, the Financial Ombudsman has held up a number of Barclaycard claims due to a discrepancy with the way Barclays had been calculating the Interest. I had heard nothing via my PPI provider and ended up doing most of the chasing myself in order to get an interim settlement from Barclaycard. Seeing that i had received a settlement my PPI claims company billed me the full amount - i responded with a complaint stating that the settlement was an interim one and that i had to do much of the work myself dealing with both the FOC and Barclays Directors PPI office, they dismissed this and demanded the money. I requested a settlement figure for full and final settlement and they sent through an invoice for £300 (should have been £1400) - i asked them to confirm that this was for full and final settlement and they said yes. They have subsequently realised they made a clerical error in calculating my fee and have not in fact offered any discount based on my work. My question is two fold - should the full and final settlement payment be legally binding on the basis they offered and confirmed this. If not do i have grounds to pursue a discount on the basis i ended up doing much of their work for them. thanks

Optional Information:
System of Law: England-and-Wales

Expert:  Ash replied 1 year ago.
Did you pay the £300 before they realised?
Customer: replied 1 year ago.

yes i did

Expert:  Ash replied 1 year ago.
Thats it then. They accepted the payment in full and final settlement - they can't go back on it and demand more. If they didnt accept the payment in full and final settlement then they could come back and ask for more - but in this case they didnt.
Its their fault they accepted it. They can't claim it back. Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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