debt adjuster/ financial mediator wont give me back my money.

[Orbi]

Hello

 

I would be very grateful for some help.

 

5 years ago we approached a debt management company to help resolve our financial issues by way of settlement.

 

They were undertaking the work on a no win no fee basis,

and required the settlement sum of money to be deposited in their client account.

 

They have not solved the problem - in fact we are in a worse position.

 

When we asked for our funds to be returned they objected on the grounds that we had not provided them with the information they had requested.

 

This is totally fabricated and we have no way of proving it as it is our word against theirs.

 

We were forced to accept a reduced amount of our money to be returned back to us under with out prejudice agreement.

 

They have not honoured this agreement and refuse to answer our phone calls or answer our letters.

 

This is heading towards litigation please would someone advise me on :

 

1. Is this a fraudulent offence ?

 

2. Can we present the "without prejudice save as to cost" agreement for the return of our reduced amount of funds in court under the point that they have breached that agreement ?

 

3. Is there any thing else we can do to facilitate the return of our funds ?

 

Thank you for your help

 

Orbi

[dx100uk]

name and shame please

 

I've never heard of a DMC being no win no fee mind?

 

or do you mean this is one of these spoof companies

that claim to be able to write debts off?

 

have you the contract?

 

dx

[Orbi]

Hello dx100uk

 

He is a debt adjuster/ financial mediator who said he will help us come to a full and final settlement with our creditors

and he will take over liaising with them because we were being harassed for payment

which we couldn't make because our financial situation changed drastically.

 

I would love to expose him fully but I need to get the money back first as I don't have much knowledge of the law

and I understand that going to court will be very expensive

and he has already said that he will 'defend robustly' and seek full compensation.

 

I am at the moment struggling to keep a roof over my family's head and stop being repossessed,

so I suppose I am in a fearful state.

 

We have the contract and over 200 letters/emails.

 

I tried talking to some solicitors but obviously they require a hefty deposit in their account first.

 

I complained to the Financial Ombudsman last year hence the reduced settlement he offered,

but as I now understand the 6 months in which I had to go back to the Financial Ombudsman has expired

so I have to start the process again.

 

I also found out that if this carries on for 6 years then he doesn't have to give us our money back.

 

I must admit I am going round and round in circles and can't think straight

and in this state trying to take him to court I don't think I'd do very well.

 

I'd really appreciate it if you could point me in the right direction.

 

Thanx

 

Orbi

[sequenci]

Is this person licensed by the OFT/FCA?

[steampowered]

What does your WP agreement say?

[Kraken1]

we need more info on the actual agreement and what he claimed to do before advising properly. Was this some sort of full and final settlement agreement? Did you have a lump sum, or were you saving with the company? Is he licensed with the OFT/FCA?