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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 31766
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Morning it's about a ppi claim, Peterborough area, None at

Customer Question

Morning it's about a ppi claim
JA: Where is this? It matters because laws vary by location.
Customer: Peterborough area
JA: What steps have been taken so far?
Customer: None at the moment it was a phone call last week saying that I owed them money
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No other than it was 4 years ago
Submitted: 19 days ago.
Category: Law
Expert:  Joshua replied 19 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 19 days ago.

how may I assist in relation to the above please?

Customer: replied 19 days ago.
Morning Joshua I got a phone call last week regarding this ppi claim apparently I got paid in 2018 which I received now its been passed onto a debt collection agency which I would have thought they would take any money out off the payment
Expert:  Joshua replied 19 days ago.

thank you. For the avoidance of doubt, do I understand correctly this relates to a claim you have already made in or around 2018 using a claims agency and they are chasing you for a fee?

Customer: replied 19 days ago.
that's correct
Expert:  Joshua replied 19 days ago.

thank you. Do you recall agreeing terms in relation to a fee? obviously, the agency would have sought to charge a fee but I wonder whether they made the fee clear to you and if you cannot recall, whether you have asked the agency to provide you with evidence of your agreement as regards fees?

Customer: replied 19 days ago.
Although it was 4yrs ago I must have done .but why is it they have taken all this time to get in touch I've had no phone calls or any letters or emails from this company to send a payment
Expert:  Joshua replied 19 days ago.

I suppose only the company in question can answer that but conjecturing, my assumption is it is probably due to some sort of administration failure on their part. They have up to 6 years however to make a claim for any debt owed to them under the limitation act and as such, they claim in principle would appear to still be within time albeit of course that does not mean that you cannot challenge the amount of their claim.

from what you say, it is likely that you would want to contact the claims company or any debt collector and asked them to provide evidence of your agreement in relation to any fee that is now sought. The burden of proof is upon them to justify any debt they claim is due from you.

if you are not satisfied with the evidence or information they provide you, you can make a formal complaint to the company in question and from there, escalate that complaint if necessary to the financial ombudsman for an independent determination:

https://www.financial-ombudsman.org.uk/consumers/how-to-complain

if based on further information they supply you accept that you owe the amount claimed, it is open to you to potentially seek to agree an instalment payment plan with them for repayment of any monies owed to them by way of agreement

Customer: replied 19 days ago.
Thank you for that but now the cost has quadrupled is there anyway I can pay the original payment
Expert:  Joshua replied 19 days ago.

how has the cost increase by such an amount? i.e. what have they added to the charge?

Customer: replied 19 days ago.
The cost was around £400 now they want £2.300
Expert:  Joshua replied 19 days ago.

thank you. Do you understand how the increase has been arrived at? e.g. interest, charges etc?

Customer: replied 19 days ago.
I understand that but as I said a couple off questions ago why it's taken this long to get in touch and now it's escalated
Expert:  Joshua replied 19 days ago.

are you able to clarify for me what the charges are that of meant the bill has escalated so far? I remain slightly unclear on this point

Customer: replied 19 days ago.
No not at the moment this debt agency will call back on Wednesday so until then I will find out then
Expert:  Joshua replied 19 days ago.

thank you. On the face of it, there does not appear to be any obvious legal authority for the company increasing the bill by such an extreme amount of money. It may be that they could seek to claim some degree of interest on any unpaid amount but if they have forgotten to invoice you, I cannot see that even then they could claim interest prior to the date of their invoice.

From what you say, they have undertaken to provide you with an account of the increased charges on Wednesday.  If they fail to do so, or you are not satisfied with their explanation as would seem more likely than not, then in the first instance, you may wish to raise a formal complaint with the company. This triggers an eight week timetable for them to provide you with a full response and if you remain unsatisfied on the earlier of their full response or eight weeks, you can subsequently escalate the complaint to the financial ombudsman for independent determination to impose a decision on the company:

https://www.financial-ombudsman.org.uk/consumers/how-to-complain

Customer: replied 19 days ago.
OK thank you for your quick response kind regards
Expert:  Joshua replied 19 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Expert:  Joshua replied 18 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.