There
are three potential methods of
attempting to obtain compensation
from a lender you believe may
have acted unfairly in dealing
with your loan.
1.
You can write to the lender
and insurance company that provided
your loan and Payment Protection
Policy. The advantage of this
is, it is simple quick and doesn't
cost anything. The disadvantage
is that if the lender denies
any wrong doing and rejects
your claim, you need at least
the basic grasp of the legal
principles involved to argue
your case.
The next issue is in assessing
any offer the lender may make.
How can you assess if the offer
represents a fair settlement?
Can you trust the very people
who let you down in the first
place to make you a fair offer?
2. The second option
is to complain to the Payments
Protection Insurance Company's
compliance officer. The provider
of Payment Protection Insurance
Policy is regulated by the Financial
Service Authority.
The FSA has strict rules which
apply to all companies providing
PPI. Each company has to have
a compliance officer and there
is a strict set of rules governing
the treatment of complaints
which the insurance provider
is legally obliged to adhere
to. If you do not receive satisfaction
from the company and you are
not happy with the companies
response to your complaint you
have the legal right to write
to the Financial Ombudsman Service.
The FOS will investigate your
complaint and provide a review
of your case and will make a
written recommendation as to
how the company should resolve
your complaint if they find
in your favour.
The
Advantages
No
costs, this service is free.
The FOS obviously possesses
the knowledge and has the experience
to asses your case.
You can feel confident your
case will get a fair hearing
and the lender will have to
prove it has treated you fairly.
The
Disadvantages
Assuming
your complaint is upheld by
the FOS it can only make recommendations
to the Insurance Provider, it
doesn't necessarily obtain damages
for you.
Any compensation you may well
be entitled to due to breaches
of the Consumer Credit Act 1974
would need to be claimed separately.
The FSA regulates the insurance
providers of your loan. This
may well mean you need legal
advice to maximize your claim.
The
Third Option
Use
a qualified claim management
company to act on your behalf.
Companies or individuals who
operate in this market are government
licensed either by the Ministry
of Justice, The Solicitors Regulatory
Authority or the Financial Services
Authority.
You will have access to qualified
legal personnel to review your
case and perhaps more importantly
how to assess the correct amount
of compensation. For example
if your Lender offered you a
partial refund or 100% of the
premium back you may agree and
think this is a reasonable settlement.
However you may be advised that
your claim should be thousands
of pounds in addition to the
return of the premium.
The Lender is more likely to
take notice of a professionally
prepared claim and is more likely
to deal with the matter sooner,
rather than later.
We recommend that if you decide
to use a claims management company
you use a company that has access
to a legal practice to handle
your claim.
The
Advantages
One
of the main advantages of using
a lawyer to claim for you is
that a lawyer can make the right
assessment of the response to
your complaint.
It
is not unreasonable to assume
the lender will use lawyers
to defend their position and
it is possible if you act for
yourself you may not obtain
the maximum compensation due
to your inexperience.
A
professional company using lawyers
dedicated to obtaining the fairest
possible outcome for their clients
must consider the possibility
that the case may go to court.
In this instance you need to
ensure that your claims company
is waiving their fees and costs
in the unlikely event you lose
your case. This is commonly
known as No Win No Fee.
It
is absolutely imperative your
claim agents have obtained an
insurance policy which indemnifies
you against all fees. If you
lose your case the other side
may well sue you for their costs.
A major benefit is to have someone
else doing all the work for
you.
The
Disadvantages
There
is only one real disadvantage
- it costs money.
The
standards of service and levels
of support and advice vary from
company to company. A guide
to the costs could vary from
10% of your claim to 25% of
your claim payable only when
you are rewarded compensation,
commonly known as No Win No
Fee.
This
means you pay nothing up front
whatsoever but if your claim
agent successfully obtains a
settlement for you; a percentage
of the claim will be deducted
from your settlement cheque.
You may wish to pay an upfront
fee and keep all your compensation.
Property
Shop is an agent of Retrieve
Ltd who are regulated by the
Ministry of Justice in respect
of Regulated Claims Management
Activities. Registration number
CRM11725. This registration
is recorded at www.claimsregulation.gov.uk
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