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

BigCraigJohn

Things have changed.

Up until(late last year???, correct me if im wrong).
People were taking creditors to court and getting agreements made unenforceable in court so therefore the debt was unenforceable, now you can no longer do that however if a creditor wants to take you to court they still need a fully enforceable agreement and it has to be the original.

In simple terms you cant get an agreement made unenforceable in court but the creditor cant do much without an enforceable one.

Chances are if these scam artists say its unenforceable then it probably is but the creditors are fully within there rights to chase you for it.

Fact remains an unenforceable agreement is still unenforceable

Check this thread.

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

Miss_Poohs

Hi RD - I really feel for you.

Not many folk take out loans, credit, etc with no intention of paying it back.

These scumbag companies prey on you when you're at your most vulnerable, and thats despicable.

My husband is in a DAS - he has lots of debt, although it's going down - mainly with payments and my success with reclaiming PPI from NR.

Its all do-able yourself and for free.

I don't have any specific advice, I'm not that good, please don't lose heart, keep at it - come here, ask lots of questions you'll do well.

Miss P

TheRealDeal_2

BigCraigJohn wrote: »

Things have changed.

Up until(late last year???, correct me if im wrong).
People were taking creditors to court and getting agreements made unenforceable in court so therefore the debt was unenforceable, now you can no longer do that however if a creditor wants to take you to court they still need a fully enforceable agreement and it has to be the original.

In simple terms you cant get an agreement made unenforceable in court but the creditor cant do much without an enforceable one.

Chances are if these scam artists say its unenforceable then it probably is but the creditors are fully within there rights to chase you for it.

Fact remains an unenforceable agreement is still unenforceable

Check this thread.

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

This is becoming increasingly hard to think straight with, so if we can't have it declared Unenforceable in court anymore how can it still be made unenforceable without court support ?

Miss_Poohs wrote: »

Hi RD - I really feel for you.

Not many folk take out loans, credit, etc with no intention of paying it back.

These scumbag companies prey on you when you're at your most vulnerable, and thats despicable.

My husband is in a DAS - he has lots of debt, although it's going down - mainly with payments and my success with reclaiming PPI from NR.

Its all do-able yourself and for free.

I don't have any specific advice, I'm not that good, please don't lose heart, keep at it - come here, ask lots of questions you'll do well.

Miss P

Funny you should mention PPI reclaim because today I was speaking to the Claims firm, still trying to get my money back and they mentioned how they are still looking to be paid for reclaiming PPI (which they failed to do on one card)

I told them that I no longer want to do business with them (which I already said 100 times over) and insisted they stop reclaiming my PPI and refund me for my UCA account.

They eventually agreed that I will get my UCA refund but when they drop the case to reclaim my PPI they said I will not be able to ever pursue that credit card for the PPI ever again.

Gave me some story that they will write to Captial One and say I don't want the money back, I told them they can't do that and I just want to not pay them to get the PPI as I will do it myself.

They left me reeling, said they were going to go ahead and cancel it as I requested but they will tell Cap one that I no longer want the money back and told me I will not to be able to challenge it on my own.

Is this more shady dealings from them ?

TheRealDeal_2

I meant to say that yesterday they told me they will give me a refund in 30 working days, now they already said that days ago and then they called me up yesterday playing dumb and yet again trying to persuade me to join up to another debt management scheme of theirs.

Again I refused and told them I already sent a letter and called in to confirm my refund was coming and I was told 30 working days, this adviser then said no decision was taken on my refund but then eventually agreed to it as of Saturday so now I wait 30 working days from that point onwards and not the 3 days before when I was already told that it was signed off.

I don't trust them in the slightest, I really hope the refund does come as promised but right now I'm not so dumb as to believe anything they say.

Is there any reason why they are making me wait 30 working days ? Is there anything I can say or use in order to get them to cough up sooner ?

TheRealDeal_2

Bumping this thread.

TheRealDeal_2

Imagine my surprise when I found them in the News paper this week, the person whos story they tell has had the exact same thing happen to them.

http://blogs.mirror.co.uk/investigations/2010/08/too-little-too-late-from-benef.html

happycamel_2

Hi, they're probably putting off paying you for two reasons
1) they're hoping you'll give up or give in to one of their schemes
2) they probably don't have the cashflow. Every single person you speak to is being paid, the only income they have is percentage of successful claims (sounds like that's quite small) and new people signing up and paying then not getting a refund

I hate to say it but I think you must keep pressing them, even threaten the small claims court (or Scottish equivalent) in case they go under and take your money with them.

Best to pre-empt any action on their part on Capital 1. Write to Cap1 and say that the company are no longer acting on your behalf and you want to deal with them direct regarding PPI reclaims.

Hope that helps, keep staying positive.

TheRealDeal_2

happycamel wrote: »

Hi, they're probably putting off paying you for two reasons
1) they're hoping you'll give up or give in to one of their schemes
2) they probably don't have the cashflow. Every single person you speak to is being paid, the only income they have is percentage of successful claims (sounds like that's quite small) and new people signing up and paying then not getting a refund

I hate to say it but I think you must keep pressing them, even threaten the small claims court (or Scottish equivalent) in case they go under and take your money with them.

Best to pre-empt any action on their part on Capital 1. Write to Cap1 and say that the company are no longer acting on your behalf and you want to deal with them direct regarding PPI reclaims.

Hope that helps, keep staying positive.

Thank you and I will try to be positive, I will be Defiant in my fight to get my money back and have them punished by the approppriate authorities to stop them doing this to others.