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Challenging Fee Paying DMP - Pentagon/Eurodebt


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Now I'm on a roll I'm thinking about challenging Eurodebt/Pentagon about their shoddy management of our account with them.

 

We signed up with them way back in the early noughties and over the years have paid a considerable amount of money to them (8-10k is my estimate).

 

Thing is, having found CAG and gone very simply down the CCA route I am furious that they have just carried on taking the money from us and not given us best advice (ie to send CCAs or do it on our behalf). Clearly there would have been no benefit to them, but still shoddy practice and possibly in breach of all kinds of FSA guidelines.

 

I'm thinking we should be due some fees back.

 

Would anyone out there be willing to help me draft an appropriate letter please ?

 

Many thanks in anticipation

TG

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Majority of fee paying dmps are in it for themselves. A lot are very shady businesses that dont challenge the debts and tell you to pay an astronomical fee every month. That fee could be used to pay off your debts. Not make some muppet a nice profit so they can get their next jag.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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It's not generally the case that DMP firms would advocate challenging debts, it's not shoddy advice at all - it just doesn't fall within the remit of the service that they provide. That said, as Renegade mentions some fee-charging DMP firms are not particularly good (although some are good at what they do if you wish to pay for a DMP). I'm not sure that they've fallen foul of any guidance or codes of practice for not mentioning the CCA route.

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Appreciate your input Sequenci.

 

When we signed up they indicated that they would get our debts down to about 30% of the total and we naively believed that they would give us advice to help achieve this. No doubt this would never appear in any paperwork so I have no evidence, but clearly remember the conversation around the time we paid the enormous signing on fee.

 

Does anyone know if there is any sort of statute governing DMPs ?

 

Thanks

TG

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I wish you every success in getting anything back from them.

 

sadly, they aren't doing anything 'wrong'

might be seen as immoral in some eyes

but they are offering a service

 

if that service is worth it...i'll leave you to decide.

 

sadly in my exp, other than stopping and preventing all nasty mail & phonecalls

that's about it.

 

sadly we've also seen many instances of them making things worse.

 

dump them.

 

do it yourself.

 

and investigate reclaiming PENALTY fees and PPI from the original creditors.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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might be seen as immoral in some eyes

but they are offering a service

 

It's hardly immoral.

 

The vast majority of people in debt are simply looking for a solution to pay back their liabilities or to become insolvent.

 

Very, very, very few people are interested in going down the CCA route for one reason or another.

 

What's also important to consider that in many instances going down the reclaim route can actually be massively detrimental

due to the potential implications with the various insolvency routes.

 

There certainly isn't a one size fits all route to dealing with debts, but I agree that a holistic approach should be taken for sure.

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Thanks chaps, it's useful to have objective opinions.

 

We joined the DMP when we were at rock bottom.

 

We tried the free ones at the time and they were unable to help because of the size of the debt.

 

It got us through a very stressful time, albeit at high cost.

 

We have now CCA'd all creditors and 75% are unenforceable.

 

The remaining 25% we are still working on.

 

We have also dumped the DMP and are managing things ourselves.

There is some light at the end of our tunnel finally.

 

I just feel aggrieved at being taken on such a long and costly ride.

We shall write to the DMC and see what they come back with.

 

TG

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I think everyone knows my views on DMC's feepaying or not.

 

I have issues with the integrity of both.

Having said that when my finacial world came crashing down a fee paying DMP saved my bacon.

By god they earn't their money.

 

They got all charges and interest frozen and came up with a reasonable finacial statement considering my complex finances.

.paying rent and part of a mortgage where my ex wife lived.

 

Working full time, with a lot of creditors I could not have done it myself.

 

In addition some of the info around on the forums at the time was at best misguided ( I mean all forums non inparticular)

 

I know the idea with my DMP was to pay it for a few years then try to raise a lump sum and offer F&F's of around 20-25% especially the ones that had been sold.

 

Going down the UE/CCA route is not for the feint hearted, especially if you assets or lots of debts.

You could easily end up in court if you ain't careful (Mayhew for example)

 

Tasha , what reason do you have to think that 75% are UE.

...the only sure fire way for pre 2007 accounts is if the agreement is not properly executed and S127(3) kicks in. Has someone told you they are UE?

 

If it is down to S77-79 requests they can be fixed at any time , if it;s down to a bad DN , that can be fixed

although there is an argument that if it has been sold it would need returning to the OC before it could be fixed.

 

You now have 6 years of fighting off DCA's and threats galore while managing not to acknowledge the debt.

If you are thinking of trying to get them declared UE by a court I would be very very careful.

 

I wish you all the luck in the world,

I am currently either fighting UE (for a variety of reasons)

or quite frankly blagging it as i have no money to pay them.

 

Something I have learnt is that at least three of the accounts that were declared Enforceable because the agreement appeared valid are actually currently UE by virtue of S78(6) .

 

I just hope they never realise that

Any opinion I give is from personal experience .

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I sent CCA requests which have mostly not been complied with, so hence UE. Non compliance letters are in the post.

I don't understand what you mean when you refer to S127(s) and say that A77-79 requests can be fixed.

 

Could you elaborate please ?

 

Thanks

TG

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yes as fletch says s77-79 cca requests are only requests for information, because they have not replied within 12+2 days

only makes them unen until they do reply with either a copy of the original or a true and accurate recon,

 

these matters can be remeded, in theory, right up until the time of judgement

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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s127(3) is being declared unen by court order-then they are unen fullstop

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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you seem to be misunderstanding, when you send a cca request under s77-79 , the DCA that you sent the request to has 12+2 working days in which to reply, after which your ac becomes unen until such time as they produce a compliant reply, if they do, then your debt is once more enforceable- however when you receive each reply, each one needs to be looked at throughly and individually to make sure that it is indeed compliant. Whilst it would be possible in very certain circumstances to win a s78 argument in court, and have the agreement declared unen by the court it is not something to be reccomended, as having a read of Carey v HSBC would demonstrate

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Theoldrogue is spot on.

 

You send a S77-79 request, if they send back everything they should , it might be that the agreement is not properly executed. An example would be that they have combined the PPI and the loan as one thing instead of giving it seperate details. This would make the agreement UE so long as it was before April 2007. It doesn't need a signature if it was done online after 2005 as a tick box became legal.

If they do not comply with a CCA request at all, it is only UE up until such time as they do comply and there is no penalty for not complying within the time. However if they do not send back everything they should the agreement is UE until such a time as they do supply everything (at the same time). they can not send you random pieces of paperwork at random dates. An example might be that they send you terms from inception that say charges are £12 when that wasn't the case, or they may have decreased your credit limit to 0 but not sent you the varied terms. It is very complicated . there is a lot of case law as to what is acceptable and what isn't.

Then you have the DN. If that it not correct the court ruled that it was a significant flaw but of course it can be put right.

 

I am 100% behind following the UE route BUT do not think it is an easy fix all. There are people on here that do not agree with it, and people that do. there are also people that have a flawed understanding of it. I suspect one of the reasons that no one has taken me to court is that all they would get is £1 per month as I have no job and no assets .

 

My advice is , do everything you can to stay out of court, bar paying if you think it is UE. I think Citizen B is quite good at this stuff or knows people who are

Any opinion I give is from personal experience .

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