Claiming back using section 75

rogerblake

Not sure if this is the right forum, but any help would be appreciated. Back in Feb 2010 I paid £1500 on a credit card to Kerobo claims who said that they could wipe of another large credit card debt and claim back ppi insurance that was invalid. To cut a long story short they have done nothing and now the ministry of justice have take their licence away so they cannot run as a claims management company anymore. What I want to know is because I purchased this on another credit card can I claim back using section 75 protections on the purchase card for the services they promised but failed to provide for ie: (a) the fee paid, (b) the total amount they said they could wipe out, (c) the ppi insurance amount they said they could claim back? Thanks.

ILW

All depends on what your contract says you have paid for.
It may just say you have paid for the work they did with no guarantee of results.

marshallka

Why can't you claim back from Kerobo (administrators if they have been closed down!!) as it was them that had the money, not your bank. It does annoy me with this section 75 thing TBH. These claims companies must have made money along the way and they probably have it stashed somewhere so why not take it back from them. I can see why the banks are fighting back now. Why did they say that they would wipe out your debts anyway?

rogerblake

Thanks. On the acceptance letter it clearly says 'Remember you only have to pay a fee if we identify breaches in your credit agreement that will allow us to claim on your behalf. This fee will also be fully refundable if your claim is not accepted by our solicitors'. They have done neither of these and are now unable to pursue this due to licence removal. There is a sheet also with 'T&C'. Is anyone here able to look through these or is that first statement enough?

ILW

marshallka wrote: »

Why can't you claim back from Kerobo (administrators if they have been closed down!!) as it was them that had the money, not your bank. It does annoy me with this section 75 thing TBH. These claims companies must have made money along the way and they probably have it stashed somewhere so why not take it back from them. I can see why the banks are fighting back now. Why did they say that they would wipe out your debts anyway?

The chances of them having any net assets are virtually zero.

Common_Sense_2

so you try to get your (legally owed) debt written off so you don't have to pay it anymore , now you find out that actually it was too good to be true and actually you do have to pay your debts and are £1500 worse off.

i'd call that poetic justice

rogerblake

Thanks for that common sense 2 - perhaps some of us are a little more gullible than good yourself. After all if was on a radio / TV add - you kind of hope it’s true. Sticking to the point however and not whinging at all! I'm just trying to find out the best way to claim it back what I have paid and what are my rights (which I am paying for in credit card fees anyhow– which the banks make an awful lot of...). So any help with the point in question on if I am entitled to a claim under their own (said banks) terms and conditions under section 75 would be very much appreciated.

rogerblake

In answer to marshallka's question they convinced me that they could write of my card with a unenforceable contact and claim back all the PPI I had previously paid on the card (yes I thought it was too good to be true - but hey I give him thumbs up for the salesmanship - he got me like many others). As for Kerobo 'the company' they have vanished into the ether the MOJ have send me a letter saying they are no longer operating.

Common_Sense_2

it's not being gullible, it's greed. The fact that you had built up a big credit card bill (i say big as if it was small then you wouldn't have paid £1500 to get it written off) then decided to try and find a way of not paying it back.

you were the one who built up the debt, therefore you should take responsibility to pay it back. How would you feel if you lent a friend some money and they said a few weeks later "Actually i don't want to pay you back now" - You woudl be quite annoyed wouldn't you!

People who blame these companies saying "i got caught up in their sales patter it's not my fault" are really having a laugh - at the end of day, you were the one that thought you had a chance of not paying your debts, and now you've actually found out that there isn't a way so you are trying to find a way of getting another credit card company to pay out because of your greed. I say greed because that is exactly what it is.

I hope that you are not trying to get the £1500 back from the credit card that you were trying to get written off because that would just be taking the p.

rogerblake

Sorry but you know nothing about the situation, so please do not comment anymore if you have nothing to usefull to say. The only greed here is the credit card company who decided to increase my apr to about 40% hense my trying to get rid of it!!!!! I was perfectly happy PAYING IN OFF until this happened, but they refuse to budge on the apr.

dunstonh

The only greed here is the credit card company who decided to increase my apr to about 40% hense my trying to get rid of it!!!

Whilst not wanting to be judgemental, it is not the only greed. There was the greed of the claims company. They played on the greed of consumers. If it almost like a classic con.