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'Misleading' debt firms shut down

fermi
fermi Posts: 40,542 Forumite
Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
BBC News | 'Misleading' debt firms shut down
One hundred companies offering to write off debts or secure personal injury compensation have been shut down by the Ministry of Justice since April 2007.

MoJ spokesman Kevin Rousell said they had been guilty of making misleading claims and using high-pressure sales tactics to get people to pay huge fees.

"People desperate for a way out of their financial troubles can be vulnerable," he said.

Consumers were warned to be wary of offers that seem too good to be true.

The BBC's Colette Hume said many claims management firms targeted people who owed large sums to credit card or loan companies.

And with the industry growing quickly it was becoming increasingly difficult to police, she added.

Cold calling

The MoJ said some of the firms shut down had been using misleading advertising, claiming credit card debt could be written off within six weeks or that 80% of credit agreements were unenforceable.

In other cases, companies ignored requests for information from the government's claims regulator or were run by people who had convictions for fraud.

There has been a trend towards high-pressure cold calling from call centres

Kevin Rousell, Ministry of Justice

Rules state that firms must not cold-call potential customers in person and must allow a cooling off period of at least 14 days for anyone considering taking up an agreement.

But instead, some were found to be forcing already debt-ridden customers to pay large up-front fees only for the service to later fall through.

Mr Rousell said most claims management companies were operating within the rules.

"However, some companies choose to flout those rules and some also target consumers who find themselves in debt," he said.

"People desperate for a way out of their financial troubles can be vulnerable to the misleading marketing that the Ministry of Justice Claims Management Regulator is continuing to tackle.

"There has also been a trend towards high-pressure cold-calling from call centres, including making unsubstantiated claims and encouraging people into handing over fees there and then - a decision they regret later."
Mr Rousell said claims companies must give customers accurate information about the realistic chances of success and the costs involved in taking up their services.

They must also not pressurise anyone into making on-the-spot decisions or handing over money without properly considering the facts.
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed

Comments

  • Good news, the point is that if you are going to get your loan audited DO NOT PAY UPFRONT FEES! There are ethical claims management companies who will audit it without charge and then simply refer you on to a solicitor if you have a case.

    See below Taken from MOJ Impact of Regulation Update July 2009

    15.11 The business models used by claims companies vary. The “good” model, outlined earlier in this section, is for the claims company to do a comprehensive assessment of whether the agreement is enforceable and if it is found to be enforceable then passing it on to a solicitor to take the appropriate action. However, there appear to be a number of other business models –
    • Taking a significant up-front fee with the promise of a full refund less an administration cost if the agreement is found to be enforceable. The company then does little more than take in the advance fee, do virtually no work and then pocket the administration fee leaving the consumer feeling that he may well have got a good deal.
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Best news I have heard today.
    Is there anything that can be done to advise newbie posters of this before they ask the question??
  • ~Brock~
    ~Brock~ Posts: 1,716 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The only thing that is 'misleading' in that headline is the headline itself!!!

    Of the 100 or so firms that have been 'shut down' since April 2007 less than 30% had anything to do with debt write off scams. The majority of firms were persoanl injury compensation businesses.

    The article gives a completely misleading picture of the reality which is that the MoJ appears to be completely overwhelmed by the amount of fly-by-night operators that are springing up everywhere.

    I have no idea where this BBC report came from, as there are no press realeases on the MoJ website about it (unless it will be appearing tomorrow), but it would appear to be nothing more than a bit of propaganda trying to cover up the fact that the MoJ in reality is doing very little to stop people getting ripped of by these con artists.
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