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Currency Direct Ltd

Hi,

My dad lived in Spain for a while and chose to sell up after Spain was hit with a property crash. He ended up with some money in Spain.

He got a call from currency direct one day who said if he was moving back to the UK they could deal with transferring his money over at a good rate. At the time it seemed like not a bad company until he had actually sold his property.

They hounded him 3 times a day and then he even got contacted by even more companies of the same nature. He then got a call from currency direct in London, he explained to the person he was dealing with a company in spain. To get rid of currency direct he said he would go through with the transfer just to get them off the phone because he was in the middle of his tea.

7 days later he tried to cancel and they said you only have 5 days to cool off, he said he did not want to go through with it as he found it expensive, they said he had entered a verbal agreement and had to pay the fee £1900. Because my dad has been moving about while he fins somewhere to live they must have sent stuff to his old house. Within a few months its ended up at Rossendales baliffs. My dad wants to go to court, is it possible to go to court even though its at the baliffs. I tried to resolve this for him at the time with currency direct but got no email response from them. It seems they was very fast in turning this into a debt and it comes across real bad as my dad is 66. He doesn't understand about verbal agreements being binding and hasn't signed anything only every said OK on the other end of the phone. Hes never had a debt in his life but feels hes been pressured.

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    If he has bailiffs chasing himthen there must already have been court action.
    He needs to get a copy of the county court judgement. To do this he needs to find out which court dealt with the claim. Suggest to him he looks at the registery trust online website or he could get a copy of his credit file where it should appear (providing when he enters his past addresses he includes the address that was used for the CCJ).

    Once he has a copy of the CCJ then he may well have a case to have the judgement set aside. That is basically a new court hearing where he would need to prove he didn't owe the money.

    Has he ever signed any paperwork with them? ever had anything in writing from them about the deal (prior to confirming it on the phone)?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    First Anniversary Combo Breaker Debt-free and Proud!
    edited 15 January 2013 at 9:06PM
    Verbal agreements may be legally binding in some cases, but not unless there was a clearly defined set of terms and conditions. I assume he has a copy of these stating his 'five days cooling off period' which is completely different to the statutory 14 days contracts generally allow?

    See this : http://whatconsumer.co.uk/cooling-off-and-cancellations/

    I think they were working to the Credit Agreement clause which allows 5 days.

    Note this clause below :

    "There are specific guidelines on how you should cancel the contract, which must be notified to you by the creditor before or immediately after the contract is made. If the creditor does not make this information available to you, then your cooling off period will not begin until this happens."
    Debt Free! Long road, but we did it
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  • ValHaller
    ValHaller Posts: 5,212 Forumite
    Combo Breaker First Post
    Tixy wrote: »
    If he has bailiffs chasing himthen there must already have been court action.
    Isn't it the case the Rossendales have Debt Collection and Bailiff businesses and call themselves Bailiffs for everything in order to big themsleves up and boost their recovery rate on non bailiff work?

    The first question is whether there is a CCJ. This will sort out what advice is required
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
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