Ripped Off by a Claims firm - Debts 'Unenforceable' Law Change in Scotland ?

Jinx

OP I dont know of any law changes so cant help with that.

However, I have organised my own DMP for the last 6 years and that includes deeming one card to be 'unenforcable' recently, although that battle may not yet be won! I wanted to comment re creditors not responding to template letters etc...

In my case I wrote to them showing them the total of my debts, what their percentage of the overall debt was, how much I could afford to pay and worked out how much of that amount they would receive. I then setup a recurring online payment for each one monthly and upped or lowered it by telling them in advance in writing of my circumstances. For example while working I paid, then when unemployed I paid a token amount. I did NOT wait for any agreement from the companies. In my letters I always stated I wanted to pay and this is what I can afford. I also changed my phone number, a nuisance but made life a WHOLE lot more comfortable. They all defaulted me and my credit rating is in tatters, but I am much less stressed and will be debtfree sometime this lifetime

Dont be too hard on yourself, its a very stressful situation......

Good luck

handyman123_2

Hi RealDeal, bumping you up in the hope that someone with human compassion may give you some helpful advice.
To the folks who have made smart replies I would quote Martins words, We are here for Support and Help not Judgement.

Cheers, handy.

TheRealDeal_2

Jinx wrote: »

OP I dont know of any law changes so cant help with that.

However, I have organised my own DMP for the last 6 years and that includes deeming one card to be 'unenforcable' recently, although that battle may not yet be won! I wanted to comment re creditors not responding to template letters etc...

In my case I wrote to them showing them the total of my debts, what their percentage of the overall debt was, how much I could afford to pay and worked out how much of that amount they would receive. I then setup a recurring online payment for each one monthly and upped or lowered it by telling them in advance in writing of my circumstances. For example while working I paid, then when unemployed I paid a token amount. I did NOT wait for any agreement from the companies. In my letters I always stated I wanted to pay and this is what I can afford. I also changed my phone number, a nuisance but made life a WHOLE lot more comfortable. They all defaulted me and my credit rating is in tatters, but I am much less stressed and will be debtfree sometime this lifetime

Dont be too hard on yourself, its a very stressful situation......

Good luck

handyman123 wrote: »

Hi RealDeal, bumping you up in the hope that someone with human compassion may give you some helpful advice.
To the folks who have made smart replies I would quote Martins words, We are here for Support and Help not Judgement.

Cheers, handy.

Thanks guys.

I'm still searching the net trying to find proof of this change in Law that they told me meant that Debt can no longer be declared 'Unenforceable' in Scotland.

Considering their reputation for lies as Proven in the BBC investigation into their practices, I am considering the possibility that they were lying to me again order to not give me a refund and fool me into this other scheme of debt management that they offered at £100 per month.


For any of you who missed my post about their expose, here it is again -

Saturday, 13 February 2010 -

http://news.bbc.co.uk/1/hi/business/8507054.stm

NorthernLas

RD - I think that getting you to sign up for a DMP is a very good reason for them to say your accounts are enforceable. How long would you have been paying off then multiply that by your management charge of 15 - 20%??

I would be inclined to look at the charts in un-enforceability III instead and read the first few pages of un-enforceability IV

https://forums.moneysavingexpert.com/discussion/2305463

https://forums.moneysavingexpert.com/discussion/2532927

TheRealDeal_2

NorthernLas wrote: »

RD - I think that getting you to sign up for a DMP is a very good reason for them to say your accounts are enforceable. How long would you have been paying off then multiply that by your management charge of 15 - 20%??

I would be inclined to look at the charts in un-enforceability III instead and read the first few pages of un-enforceability IV

https://forums.moneysavingexpert.com/discussion/2305463

https://forums.moneysavingexpert.com/discussion/2532927

Thanks for that, I had a quick look, it looks quite heavy so I'll save it for my next day off so I can sit and read through it properly, I need to give those threads alot of my attention and right now I don't have that..

NorthernLas

Look at the charts and follow the yes / no answers for one of your cards. Once you have done one read the first few posts of IV. I wouldn't recommend reading them all unless you have trouble sleeping!

TheRealDeal_2

NorthernLas wrote: »

Look at the charts and follow the yes / no answers for one of your cards. Once you have done one read the first few posts of IV. I wouldn't recommend reading them all unless you have trouble sleeping!

haha thanks I will get round to it as soon as I can !

TheRealDeal_2

I've tried reading through those links, so far I'm not fully understanding it all, its quite a heavy read and alot to take in.

pepe2008

ILW wrote: »

So you thought you had found a way out of repaying your debts, the debt company have found a way out of repaying you. Who is the victim?

If a Lender cant do their job and make an advance with the correct paperwork then its their own fault that a borrower will look to exploit this fact.

However, if a Company promises to do something and then does not then that is a Breach of Contract, or even Fraud.

The borrower hasn't borrowed money with the INTENTION of not repaying it.

TheRealDeal_2

pepe2008 wrote: »

If a Lender cant do their job and make an advance with the correct paperwork then its their own fault that a borrower will look to exploit this fact.

However, if a Company promises to do something and then does not then that is a Breach of Contract, or even Fraud.

The borrower hasn't borrowed money with the INTENTION of not repaying it.

Thats basically whats happened to me, they have promised me a service with the promise of a full refund in the event they fail to do what they promised and now they have admitted failure they are refusing to give me my money back.