RE: Help me understand23 Dec 2020 10:07
Jimmy. I agree the company made mistakes and it should be (is being) punished to the tune of millions of pounds. I just don’t think it should be punished into administration. You cite other companies, but each company should be taken on individual merit. The people who should be getting punished, JB,GC, Hamish are no longer here and stripped the company for their own benefit, is this our fault
I don’t work for the company so I am unsure what controls were in place to check that everything was being followed. A business can spend millions on building compliance processes, training staff etc and then undermine it with incentives and bonuses for people to think they can "bend the rules" in order to get commission. (not saying this happened here)
I suspect the reason a lot of the claims are being upheld is because it is very difficult and resource intensive to investigate these complaints and it probably marries a number of different systems, such as credit checking (at the time of loan) affordability questions - which I know from debtcamel that many people blatantly lied plus other various internal controls. For example listening back on archived calls etc is very time consuming. then Amigo reject the claim only for it to go to the FOS, which adds £600 straight away. You then must prepare a statement to the FOS on why you think the claim is without merit and deal with them.
From what I could see the company were fighting claims but this got them into trouble with the FCA due to the time and effort it took. The company probably with hindsight took a very poor decision by going into the VREQ and saying that all complaints would be dealt by 30 October within 8 weeks. This was most likely a gift to the CMC companies and opened the floodgates on something the company initially planned as being manageable suddenly became out of control but they were committed to the FCA VREQ.
Coming back to your point on fairness. I believe many people took the chance to claim because they could, which is why they use a CMC. they don't give a 5h1t because they don't really expect anything back. It takes 10 mins of effort. Anything is a bonus so they will use the CMC as it's no win no fee - don't care approach. If you read on debt camel I think a lot of these people are genuine and probably are due a full redress. However, the actions of the CMC will likely liquidate the company due to the "chancers" meaning eventually those that deserve redress will eventually get nothing if the company goes under. I think this is unfair for the genuine claimants & on the company.
Obviously as an owner in the business, I am slightly biased and I don't think it was fair that the company had been put in a position where it was backed into a corner and therefore had to settle claims which most likely should have been fought, ergo this is probably why the claim uphold rate was so high. So because they pay out everyone thinks Guilty – a systemically bad company when it may not be the