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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23353
Experience:  Senior Partner at Berkson Wallace
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As I do most of the online queries for us I decided to make

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As I do most of the online queries for us I decided to make our own claim for PPI. My husband unbeknown at the time to me had also contacted a PPI company too. He did not sign any documents with them. He has now received his offer of payment direct from the bank in question. We have also now received a phone text from the PPI company saying that they have received an offer from Nat West Bank PLC and that they are reviewing it! I texted back stating that we are not taking this any further. Thank you. They have returned with "Unfortunately we are not able to close the case as you did not cancel within the 14 day cooling period. You filled in a questionnaire and our paperwork to do this claim for you and now we have received an offer so unfortunately you will be liable for the invoice." We are both pensioners and at the time my husband was/ is being treated for depression and PTSD.
JA: Where are you? It matters because laws vary by location.
Customer: We are in Scotland - North West Coast.
JA: What steps have you taken so far?
Customer: I have spoken with them today and told them that I had already applied on behalf of my husband with his permission.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We have already received an offer direct to us from the bank!
Customer: replied 7 months ago.
Sorry for delay did not see your question. We spoke to 3DM Personnel this morning who informed us as stated in text that we were liable to pay them. They stated that they had received the same paperwork as we had, however our paperwork makes no mention of 3DM. I pointed out that I had carried out this transaction myself and that we did not owe them anything. I finished the call. We had several telephone calls from them in the past and had informed them that we did not wish to proceed with them. They stated that my husband did not cancel the transaction within the given 14 days on the internet? Nothing was signed.

Thank you.

I had one of these recently which went to court because the paperwork provided by the claimant was abysmal and it wasn’t absolutely clear (both in wording and visually because it was a very bad copy) that the customer had agreed to pay the fee.

It was actually an enquiry form but in the wording of the enquiry form there was a veiled agreement to pay the fee.

The customer lost. Whilst I accept that your husband may have had mental health problems time, there is no way that the PPI company could have known that.

Even when PPI reclaim companies are involved, just for devilment or whatever, the financial institution will invariably write directly to the customer and send the money directly to the customer under exactly the same circumstances you are now experiencing.

Whether they take this to court or not and whether they succeed to a great extent really depends on their own paperwork.

A lot would also depend on whether the reclaim has come as a result of your paperwork or whether it came as a result of the claim company paperwork.

You do say that your husband didn’t sign anything.

However they seem to be saying that you filled in the questionnaire which seems to contradict.

What you could do if you wanted to avoid the possibility of them taking you to court (you could win all lose depending on whether anything was signed and what was on the enquiry form) would be, to pay, say, 25% of what they are asking for telling them that if they accept that, it is in full and final settlement of all claims they have against you. It needs to go by cheque not just an offer because of cheque in the hand for 25% of what they want as opposed to an old human over 100% is quite a good incentive to take what’s on offer.

They don’t have to course, they can return the cheque and take you to court but they will only normally do that if they are pretty sure of their paperwork.

If you are making them an offer or sending a cheque, the new need to mark the letter Without Prejudice Save as to Costs and then, they cannot produce it in court as any kind of admission that you owe them anything.

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

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