Guidance

Claims Management Regulator - Misleading marketing statements

Published 29 July 2016

This guidance was withdrawn on

This page has been withdrawn because it’s out of date. Responsibility for the regulation of Claims Management Companies has been taken over by the Financial Conduct Authority.

1. Implying that a consumer will definitely receive compensation without the necessity of proving that the product was mis-sold:

“Step 1, Click here and start the reclaims process. Step 2, Wait for us to contact you regarding your claims. Step 3, Receive your money!”

“You are not required to do anything else, just sit back and relax while we win back your money.”

2. Misrepresenting the length of time a PPI claim can take and/or imply that there is a time limit to submit a claim:

“Please be advised that time is extremely important in all claim cases as government restrictions apply”.

“as a rule we aim to get your refund within 8-12 weeks”.

3. Misrepresenting the size and experience of the business:

“As the UK’s largest claims management company”

“XXX has over 20 years’ experience in the field of recovering the damages you deserve after an accident or loss.”

4. Misrepresenting the services provided by the business when the claim is actually passed to a solicitor:

“We manage the entire process for you and do all the work on your behalf.”

“If your claim is not successful, you won’t be charged a penny* for our work”

5. Suggesting that the claim process is more difficult than it really

“We take the complexity out of the claim, meaning the process for the consumer is a simple one”

“reclaiming money owed to you by a bank can be both complicated and time consuming… our expert claims team do all the hard work so you don’t have to”

6. Misleading information about the amount of redress a consumer is entitled to and/or the business’s success rate:

“All I need is just a few minutes of your time to establish if I can get around £3000 for you”

“Our biggest successful re-claim for a client is £37,700”

7. Misrepresenting the fees payable by consumers or implying that the service is free when it is not:

“No money is necessary at all. Our cases are all covered by our No Win No Fee Guarantee, so win or lose, you don’t pay a penny.”

“This why we do the 8% interest because it usually covers our fee.”

8. Implying that the business has prior knowledge of the consumers claim:

“Showing on our system that you have had a loan or credit card before 2009…”

“I can see on my system you may be entitled to a refund…”

9. Misrepresenting the nature and purpose of the sales call:

“It’s just a quick customer awareness call today”

“we are checking everyone in the UK”