Claims Management Company Debt Dispute

[para1505]

Hi,

 

Looking for some advice for my 83 year dad

who signed a contract during a 2 min meeting with "agent" ( no copy left ) from a CMC in his home in Scotland

but has clause saying English Courts have jurisdiction.

 

First things first

they have demanded payment immediately since day of settlement!.

My Dad disputes fee and service.

If they sue for this debt will it have to be at the local Sheriff Court court were he lives

or would it be at the County Court in England were the company are based.

 

Secondly would the clause that payment due within 7 days of settlement from Bank

or the debt will be passed to debt collectors in the contract be regarded as unfair.

 

many thanks for any help in advance

[dx100uk]

they must issue in a Scottish court.

however slow down.

whos the company ?

and you say they door stepped him?

that's not allowed AFAIK.

 

 

so the claim has been settled direct to your father

and they want their cut?

 

 

expand the full story please

[para1505]

I helped Dad prepare case for submitting direct to Bank,

however went on holiday at Easter and Dad called CMC company to ask advice and the fell for the sales spiel.

 

 

They sent an agent to visit next day and he signed one page T & C's ( contract),

no copy or any other paper work provided at this time.

They reviewed and submitted to bank next day

after bank called Dad two days later they offered compensation.

 

 

I arrive back from 10 holiday and to find huge £10k plus invoice from CMC for their share of compensation for banks bad advice on redundancy investment, it was all done and dusted within 14 cancellation period!.

 

 

Have complained in writing but they had a lighting quick investigation and refused complaint the next day!

 

 

Trading Standards are investigating possible breaches of consumer law.

Will be complaining to CMR and Legal Ombudsman.

 

However they have already called once and written requesting payment twice

and have indicated this debt will be passed to debt collectors if not paid immediately.

 

 

Dad has health issues to worry about and

"doesnt want people at his door demanding payment"

so is inclined to pay rather than wait for complaint process to run its course!

Edited April 24, 2016 by para1505

[dx100uk]

DCA's have no legal powers whatsoever

they are NOT bailiffs.

they VERY rarely door step.

 

 

whos the CMC please..

 

 

no copy left

no chance to read and cancel

don't thing a judge will ever allow the claim to progress.

 

 

esp in Scotland

they are rather cute up here...

 

 

name names please