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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9348
Experience:  I have been practising for 30 years.
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I have a bill from a PPI company. Apparently I sent in the

Resolved Question:

I have a bill from a PPI company. Apparently I sent in the paperwork the week before my mother passed away. They had been badgering me for some time, I had already decided to contact the bank myself as I had heard on the radio etc how easy the process is. The fee is massive considered the effort involved £850 on a £2100 award.
I was under considerable stress at the time and suffered sleep problems, difficulty concentrating etc. Is the contract enforceable? I would not have signed up for this if I was in my normal frame of mind.
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Did they actually do any work this or was the only correspondence between you and the bank??

Customer: replied 1 year ago.
they contacted the bank.They did say it would take 6 - 8 weeks, though it only took a few days.
Expert:  F E Smith replied 1 year ago.

Please just let me clarify. Did they do all the work on this and get you the refund or did you do some or all the work also? Did you actually contact the bank?

Customer: replied 1 year ago.
They did all the work.
Expert:  F E Smith replied 1 year ago.

I’m afraid that if you want to court on this, you would lose.

Even if you had a recognised psychiatric illness at the time you signed up for the paperwork, there is no way I imagine that the PPI company would be able to realise that you had that illness.

The court would accept that you may have already decided to contact the bank but the fact remains that you didn’t and you engaged the PPI company to do this for you.

The other view that the court would take is that although you had decided to contact the bank, you were on your own admission under considerable stress and suffering sleep problems and had difficulty concentrating and hence may not have been capable of actually making the claim.

There is after all a lot more work involved in making the claim (even though the process is not difficult) than there is in simply signing the document to get someone else to do it.

What you need to do is stay out of court and you may find that they will be willing to negotiate a lower fee. However if they will not accept a lower fee, you would have no alternative but to defend their action and you already have my opinion as to how that would go.

You could try sending them a cheque for £400 in full and final settlement and tell them that by cashing it, they are accepting it and if they do not, they should return it to you. They may just cash it.

Can I clarify anything for you?

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Best wishes.

FES.

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