Guidance

Claim compensation for injury or financial loss

How to claim compensation yourself or if using a claims management company, check they're authorised, your rights and their obligations.

Overview

If you鈥檙e making a claim for compensation, you have 2 options:

  • make the claim yourself
  • make the claim through a commercial business like a solicitor or a claims management company (CMC)

Claim compensation yourself

It鈥檚 free to claim compensation from financial companies if you have lost money from a mis-sold financial product eg payment protection insurance (PPI).

You can make a claim like this directly without using a CMC. If you aren鈥檛 sure how to make the claim, you can get free, impartial advice from consumer organisations.

Deadline for PPI complaints

The have set a deadline of 29 August 2019 to complain about the sale of PPI. Find out more about the .

Free, impartial advice

Many organisations offer impartial advice with no fee or obligation. If you make a successful claim without using a CMC, you鈥檒l keep all the compensation yourself.

Help with financial claims

: help with mis-sold payment protection insurance (PPI), endowment mortgages and investments

: help with most types of financial complaints, including guidance on how to complain yourself

: help with compensation for certain claims where a financial firm has gone bust

: mis-sold PPI, mortgages, card protection policies, packaged bank accounts

Help with claims for injuries, employment or housing issues

The offers help and guidance if you鈥檙e considering making a claim for:

If you decide to take legal action to claim compensation for a personal injury, you鈥檒l need legal advice from a solicitor whether you go direct or use a CMC.

In most cases, you can鈥檛 get financial help (legal aid) and you鈥檒l often be offered a 鈥榥o win, no fee鈥� arrangement. If you agree to this and you win your claim, you may still have something to pay.

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Using a CMC: your rights as a consumer

Claims management companies (CMCs) are commercial businesses. For a fee, they will handle claims for compensation around:

  • mis-sold financial products - eg payment protection insurance (PPI)
  • employment matters
  • personal injury
  • criminal injury
  • industrial injury
  • housing disrepair - eg neglected, poor quality housing

Authorisation for CMCs

Any business in England and Wales that manages claims must be authorised by the Ministry of Justice鈥檚 Claims Management Regulator. There are exceptions for some organisations - eg solicitors, charities and advice agencies.

Being authorised doesn鈥檛 mean the Ministry of Justice endorses or recommends the company.

To see if a company is authorised,

Fees and CMCs

CMCs charge a fee for their services. Authorised CMCs must give you written information with details of the service they鈥檙e offering, their charges and when you鈥檒l be expected to pay them.

You will have to sign a contract with the CMC (if you haven鈥檛 signed then you haven鈥檛 made a contract). You have 14 days from signing your contract to cancel it without being charged.

If you hand over any money up front, you can ask for it back within the 14 days. If you cancel after the cooling off period, you will have to pay a fee. This should be reasonable and reflect the work carried out on your claim.

Companies often work on a 鈥榥o win, no fee鈥� deal. In PPI claims, they typically charge about 25% of the value of the claim plus VAT.

If you don鈥檛 win, you may still have to pay expenses or other costs to the CMC.

What to expect from a CMC

To be authorised, CMCs must stick to strict rules when dealing with consumers.

They must not:

  • send you emails or texts (unless you鈥檝e agreed to receive them)
  • make marketing calls if you have told them that you don鈥檛 want to receive them or if you鈥檝e registered your number with the
  • approach you in person
  • use any form of high-pressure selling such as asking for on-the-spot decisions

They must:

  • give you clear written information about their service (including fees and costs) before you agree a contract
  • get your signature before taking any money or starting a claim
  • tell you clearly about ombudsman schemes or any other official ways you can claim
  • offer a 14-day cooling off period when you can cancel your contract without being charged
  • clearly explain how to complain if you鈥檙e unhappy with the service they provide

Make a complaint

If you鈥檙e not happy with the service you receive, find out how to complain about a claims management company.

If your CMC is no longer authorised

If a CMC鈥檚 authorisation is suspended, cancelled or surrendered, it must stop offering services to new and existing clients.

If your claim has gone to the Financial Ombudsman Service, they will contact you in due course.

If your claim has gone to a solicitor, bank or other financial services provider, get in touch and ask them to deal directly with you in future. Then inform the CMC in writing of what you are doing.

Refund options

If you can鈥檛 get a refund from the CMC itself, you have a number of options depending on how you鈥檝e paid any fees.

Paid by Refund option Advice from Which?
credit card contact your credit card provider for advice
debit card contact your debit card provider for advice about 鈥榗harge back鈥� scheme
cash, cheque or banker鈥檚 draft contact the CMC direct

Updates to this page

Published 16 June 2014

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