RE: TMS Legal15 May 2024 21:18
PART 2
More than 1,000 claims from TMS were withdrawn after they were submitted, Vanquis alleges. Only 8.8% of the more than 10,000 claims that Vanquis has considered so far were partially or fully upheld, and the rest were rejected.
TMS operates on a "no win, no fee" basis, but charges a commission of 45% of the total compensation received if a claim is successful, Vanquis said. This is why the claim manager submitted complaints "without any proper regard" for their merit or lack of merit, the bank added.
A questionnaire was provided by TMS to its clients before bringing a claim, the lender alleged. But it did not provide the claim manager with a proper basis for making an allegation of irresponsible lending, because it only asked minimal and basic information on their financial position, Vanquis says.
TMS did not make any reasonable inquiries to find out the nature of Vanquis' affordability checks and whether these were "fair, reasonable and proportionate," the bank said. TMS knew, or ought to have known, that the questionnaire did not provide enough information to make an allegation, it added
Complaints submitted to the FOS are time-barred from six years after the event, under the sourcebook on dispute resolution of the Financial Conduct Authority or three years from the date the complainant became aware they had cause to claim, according to the filing.
TMS provided its customers with a "limitation confirmation" to state the complainant had "only recently understood" they had cause to complain. Vanquis alleged this did not mean complaints were necessarily brought in time and that TMS needed to carry out further enquiries to determine they were.
Vanquis declined to comment on Tuesday. TMS did not immediately respond to a request for comment on Tuesday.