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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My name is***** lost my PPI claim because my agent

Customer Question

My name is***** lost my PPI claim because my agent ( claims justice) forgot to pass on my case to the ombudsman within the six months period when the bank (nawest ) rejected the initial claim. The ombudsman has now closed my file. I tried to persuade them to reopen but to no avail and have rejected my appeal. Now I have 3 months to seek for a lawyer because I need a judicial review they said. Also my agent (claims justice ) have gone into administration, I have managed to find their liquidators. I have emailed them and they said they going to email back but they haven't. I don't know which direction to go for example
1, pursue their liquidators or
2 , seek a legal advice and get the ombudsman to reopen the case
My email address is; ***@******.***
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello Mr Bordom my name is ***** ***** I will help you.What is it you would like to know about this today please?Alex
Customer: replied 8 months ago.
Whether I have a case or not as described in my first message
Customer: replied 8 months ago.
Basically the company that is being liquidated (claim justice) didn't pass my case onto the ombudsman within the 6 month time limit and I have now lost my PPI claim due to their negligence. Should I try and get the ombudsman to reopen my case as they have said no, or try and claim my money from the liquidators
Customer: replied 8 months ago.
The ombudsman have reviewed my case and have said that they don't believe that claims justice acted negligently as I should have known about the 6 month deadline and therefore have rejected my case. They say that I can get a judicial review in order to see whether or not the ombudsman had acted lawfully. In their letter to me they say that evidence of the deposit I paid was not provided... although I did not proved a receipt of payment as I didn't have one, I provided a letter from claims justice refusing to pay me back my deposit... which is evidence that a deposit was paid by myself to claims justice. As a result I feel that the ombudsman didn't look into my case properly. 1) how should I have know about the 6 month deadline? 2) I did provide evidence that a deposit was paid although not a receipt. Should I seek a judicial review?
Customer: replied 8 months ago.
Also I have managed to locate the liquidators of claims justice... should I pursue them for my money?
Expert:  Ash replied 8 months ago.
How is the decision unreasonable for the Ombudsman to review, if they say you are out of time please?
Customer: replied 8 months ago.
Hello Alex. .. I don't understand your question? The 6 month deadline has passed... basically natwest bank rejected my claim for PPI refund... You then have 6 months to refer the case to the ombudsman, however claims justice who were acting on my behalf didn't send the case to the ombudsman within the 6 month time frame. I have tried to appeal this and get the ombudsman to allow me to access my refund on the basis that claims justice acted negligently. They have said that they don't believe so and that I should have known about the 6 month deadline.
Expert:  Ash replied 8 months ago.
I am saying you can only Appeal the Ombudsman's decision if it was unreasonable. You agree its not so a further appeal from the Ombudsman is not available.That only leaves you with the PPI claim which has been rejected. The firm has gone into liquidation. As such your only option available now is to lodge a claim with the Liquidator. Not against the Liquidator as they are not liable, but to become a creditor with everything else.Depending on what assets they have means you may get something. But that is all you can do at this stage is become an unsecured creditor.I am sorry if this is not the answer you wand and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 8 months ago.
Hello... but I do believe that the ombudsman's decision is unreasonable. I feel that they didn't review the evidence properly... as I mentioned before in their response to me, they said that I didn't provide evidence of paying a deposit, but I did provide this. This suggests to me that my case was not reviewed properly. This is why I want a judicial review. The ombudsman said that if I don't agree with their decision I could seek a judicial review... However if it doesn't go in my favour I will be liable for their costs
Expert:  Ash replied 8 months ago.
If you think its unreasonable then you can consider a Judicial Review but you have 3 months from the date of their decision to lodge this.If you lose then yes you would be liable for their legal costs.More information on JR can be found at:https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdfDoes that clarify?Alex
Customer: replied 8 months ago.
My question is do you think I have a case and if it worth a judicial review? Do you think I have a case?
Expert:  Ash replied 8 months ago.
I think based on what you have said, it is arguable.Does that clarify?Alex
Customer: replied 8 months ago.
Ok... so you think I may have a case? Should I pursue both liquidators and seek a judicial review? Or which path do you think I am more likely to be successful?
Expert:  Ash replied 8 months ago.
No point pursuing the liquidators because they are not responsible for the loss. You would only be an unsecured creditor. However you are more likely to get joy out of the Ombudsman.Does that clarify?Alex
Customer: replied 8 months ago.
So to clarify, you think that a judicial review would be the best course of action? Could recommend a reasonably priced lawyer in the Dagenham area who would be able to do this for me?
Expert:  Ash replied 8 months ago.
I think JR is something that should be considered worthwhile.Sadly I am not able to recommend. But you can find local ones here:http://solicitors.lawsociety.org.uk/Does that help?Alex
Expert:  Ash replied 8 months ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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