[TEXT DELETED BY FORUM TEAM] Reclaim???

Ziggy000

Hi everyone. I am a bit concerned about the following email sent to my friend who received an unsolicted phone call on the landline.

Does anyone here have any experience of this and is it legal? They asked for credit card details over the phone, luckily she refused.:think: Thanks

Dear *********

Thank you for your time today, and for asking ****** at ****** to review your claim(s).


What is an unenforceable credit agreement?
The Consumer Credit Act is designed to give consumers suitable protection and rights when obtaining credit under the terms of the Act. Should a lender breach certain terms of the Act when producing an agreement, the Courts may not grant the lender the ability to enforce that agreement.
What will ******* do?
******** is an authorised claims management firm, specialising in claims against unfair and unenforceable financial agreements and we act on your behalf to determine if your lender has complied with the strict requirements of the Consumer Credit Act. If they have not complied we can put together a case to challenge the enforceability of the agreement
******** are experts when dealing with the tactics of lenders who, understandably, would rather not concede that their agreements are unenforceable,or try to avoid paying you the cash compensation you are owed.

As per our recent telephone conversation here is confirmation of our process:
1.The full application paperwork is issued on payment of our administration fee of £495 + 10% of your debt + VAT per agreement. If you have available credit limit on your credit card we would strongly advise that you put all costs on to your card so that the fees will be deemed unenforceable along with the rest of the debt.
2.When you receive the application pack you should complete and return all paperwork. Once your paperwork has been received we will go to work on auditing your agreement, checking not only the validity but also if you are due cash compensation for miss sold Payment Protection Insurance and excess charges, in some cases the total debt cant be deemed fully unenforceable, however we are able to negotiate with lender to get your debt substantially reduced.If we are unable to assist you with any of our services you will receive a full refund of the fee you have paid.

3.Upon completion of your claim you will be issued with a declaration confirming the debt as unenforceable. You will also be provided with a full breakdown of the details of your case should you need them for future reference.


Your Quotation
As discussed with your advisor today, please find your quote as follows:

Total agreements selling: *
Total Outstanding Balance: £******
Your total fee including VAT = £*****

*********** is proud of the success we have achieved on behalf of our clients. Let us help you relieve the burden of your credit commitments today.


Important Pre Contract Information:
· We will audit your potential claims for a one off administration fee of £495 + 10% of your debt + VAT. In the event your case is unsuccessful your administration fee will be returned in full.
· If we need to obtain your statements your lender may charge up to £15 per card.
· We will remain honest and objective at all times, only advising you to proceed where it is in your best interest.
· In the event that you wish to make a complaint at any time you may do so by Telephone, E-Mail or Letter and will receive a full written response within 14 days. All complaints will be handled in accordance with our internal complaints handling procedure, a copy of which will be included in your claim pack, and will remain available upon request.
· Should you wish to cancel your agreement with us you have the right to do so at any time. If you cancel within 14 days of authorising us to begin work you will be entitled to a full refund. If you cancel over 14 days your refund may be subject to deductions for work done on your behalf.
· If your claim goes to court you may be required to attend and where a solicitor is used we may receive a referral fee.
· We are not the only claims management company in operation. You have the right to compare services and even to pursue your lender yourself.

dunstonh

I am not going to comment on the company you mention is some of these claims companies dont like it and complain to the board and threaten legal action and the board has to remove the posts. So, my comments are generic.

Unenforceable credit claims have turned into a bit of a scam. The courts made a number of test case rulings nearly 2 years ago (Dec09) which effectively killed off the claims companies that operated in this field. Two major casulties were Cartel and Kerobo (see google for information on the millions that Cartel took from people up front but didnt give back when they failed).

The dodgy models have been those that charge £495 up front. If they are that confident of success, they should charge nothing up front and take it from the redress if successful (no win, no fee).

Take a read of:
http://www.moneysavingexpert.com/news/loans/2010/03/cartel-faces-investigation?utm_source=mainsite&utm_medium=sidebar&utm_campaign=box

Get paid redress on unenforceable credit is rare. So rare that it tends to make the media when it does happen. It should also be noted that credit being made unenforceable does not write it off. it remains on your file in arrears and in default and prevents you getting credit.

one comment in the text you quoted I will comment on.....

we would strongly advise that you put all costs on to your card so that the fees will be deemed unenforceable along with the rest of the debt.

I have read (but have no personal view on its authenticity) that this could be considered fraud. Creating debt to pay for attempts to deem that same debt unenforceable could be viewed as fraud.

Other links of interest:
http://www.assist2claim.co.uk/news/sharp-rise-in-debt-fraudsters-unenforceable-credit-agreements/

http://oft.gov.uk/news-and-updates/press/2010/05-10