Change in consumer act meaning you don't have to repay?

MackemPunk

vickieh1981 wrote: »

My bad - it was justice.gov.uk

So basically you can or can't claim back? If its easy I will do it myself like we did with PPI

They'll ask the companies for a copy of the original agreement and check it, you can do the same yourself for a £1 per agreement have a search on the debt free wannabee section for CCA requests.

The ministry of justice logo just means they're registered, doesn't mean they are a good company to do business with.

vickieh1981

immoral_angeluk wrote: »

It's not about claiming back. If you can prove it's an unenforceable credit agreement then it's basically that, unenforceable. Basically it means they can't pursue you through the courts. It doesn't write off the debt, it just means they can't chase you for it.

So it just sits there forever more? Does the interest keep going up? And does that go on your credit file. Not entirely sure its worth it if it affects my credit, I only owe £800

izools

vickieh1981 wrote: »

So it just sits there forever more? Does the interest keep going up? And does that go on your credit file. Not entirely sure its worth it if it affects my credit, I only owe £800

Even if an agreement is declared unenforcable (which is a long, gruelling, expensive process through the courts that stands much more chance of failing than succeeding) your creditors still have the right to:

• Record your accounts as in debt by the same amount
• Record defaults on your credit file - ruining your credit worthiness for six years
• Refer your debt to debt collection agencies and chase for debt in any means other than courts
• Use other accounts you hold with the same financial group to pay off the debt, if they are in credit, by the Right to Offset

Bottom line, you'll screw yourself over harder than you ever thought possible if you go for this con.

jenn-1

Yes, I've had a call fro "the ministry of Justice" today to!! Honestly, who are they trying to kid!!

When I told them it was a scam they were very insistent it wasn't. I told them there was no way I would give my bank details over the fone. They offered me a cheque!!

When I said i still didn't believe them and I asked for a number to call them back on they said if I didn't ring back my cheque would be sent back to the government!!

Well...................feel sorry for anyone who isn't aware enough to see right through this scam...........beware!!

vickieh1981

izools wrote: »

Even if an agreement is declared unenforcable (which is a long, gruelling, expensive process through the courts that stands much more chance of failing than succeeding) your creditors still have the right to:

• Record your accounts as in debt by the same amount
• Record defaults on your credit file - ruining your credit worthiness for six years
• Refer your debt to debt collection agencies and chase for debt in any means other than courts
• Use other accounts you hold with the same financial group to pay off the debt, if they are in credit, by the Right to Offset

Bottom line, you'll screw yourself over harder than you ever thought possible if you go for this con.

That's great to know. For the small amount I owe I don't think it'd be worth even doing it myself. Knew it was too good to be true.

vickieh1981

jenn-1 wrote: »

Yes, I've had a call fro "the ministry of Justice" today to!! Honestly, who are they trying to kid!!

When I told them it was a scam they were very insistent it wasn't. I told them there was no way I would give my bank details over the fone. They offered me a cheque!!

When I said i still didn't believe them and I asked for a number to call them back on they said if I didn't ring back my cheque would be sent back to the government!!

Well...................feel sorry for anyone who isn't aware enough to see right through this scam...........beware!!

Don't think that was the same person as called me. They never offered e a cheque or said they'd send it back to the government.

I do feel for thse who don't have the sense enough to not give out details over the phone.

FunnySaving

I have recently had a call from a similar sounding outfit who claimed to be calling from the government and promised that I would receive thousands of pounds for each credit card that I hold. The guy I spoke to had a strong Indian accent, but insisted that his name was Bruce before eventually admitting that it wasn't and I sent him away with a flea in his ear for contacting me when I am registered with the TPS.

hello2007

vickieh1981 wrote: »

That's great to know. For the small amount I owe I don't think it'd be worth even doing it myself. Knew it was too good to be true.

I have gone down the unenforceabilty route myself and I have managed get the accounts closed that were clearly unenforceable so it is not a waste of time.

I did this as a last resort because I had dealt with DCAS for years over the debts and they were being very unreasonable. They were making my life hell and unenforceability help me to get out of the mess. I had to write alot of letters and put up with threats from the DCAS which I knew that they could not carry out because they did not have the CCAS.

If you have defaults on your credit files then you have nothing to lose because you have already be defaulted for the next 6 years. However if the debts are with the orignal creditors not the DCA then I would not do this as they may have the CCAS. As your debt is only £800 then unenforceability might not be a good idea for you.

eve129

that's scary for sure, but it is a scam for sure, NEVER under any circumstance you out such important details over the phone.

hello2007

I did everything myself and did not use any companies.