RE: TMS Legal15 May 2024 21:17
PART 1
Law360, London (April 30, 2024, 4:13 PM BST) -- Vanquis Bank Ltd. is seeking an estimated £4.5 million ($5.6 million) from a law firm it says has sent it thousands of meritless complaints, accusing it of irresponsible lending in a "reckless and indiscriminate" approach to earn commission if a claim happens to succeed.
The lender alleged in a High Court claim on March 11, which has recently been made public, that it had been "deluged" by generic complaints submitted by claims manager TMS Legal Ltd. that it provided unaffordable credit to its cardholders. TMS Legal carries out business as "The Money Solicitor."
TMS sent almost 16,850 complaints to Vanquis on behalf of the lender's clients between October 2022 and the end of 2023, the claim said. Complaints are first sent to Vanquis itself, and clients can ask the Financial Ombudsman Service to look at the case afresh if they are not satisfied with the decision, according to the filing.
Vanquis alleges that TMS, which specializes in claims for financial products that have sold wrongly, failed to make "reasonable enquiries" to determine whether there was sufficient information to support the complaint or if it was properly arguable. This breached the duties TMS owed its clients and was intended to cause the bank loss, Vanquis claims.
The lender claimed that it has suffered "considerable loss" both in the "time and cost of investigating (unmeritorious and unparticularized) claims which should never have been brought" and fees owed to the ombudsman.