Credit card write-off loophole claims frozen
- Friday, May 8, 2009, 13:28
- 17 comments
Consumers hoping to write off credit card debt by pointing to a loophole in their credit agreements experienced a blow last week as the judge put over 100,000 claims on hold, pending the outcome of “a few carefully selected” test cases.
Those looking to cancel their debt believe that a change in the Consumer Credit Act (CCA) allows them to do so by challenging ‘unfair’ credit card agreements made before April 2007. While the test cases are being tried, all those with frozen claims will have to continue making payments on the debts in question.
Earlier this year, the Ministry of Justice issued a warning to companies claiming to be able to write-off debts in this way of behalf of consumers. The businesses in question attracted the MOJ’s wrath by publishing misleading statements in adverts which made dubious claims or left out important information that could be in breach of consumer protection regulations.
Speaking at the time, Justice Minister Bridget Prentice commented:
“Vulnerable people facing debt problems need help and support. We have produced this guidance to protect innocent customers from being misled by businesses advertising easy and quick arrangements for outstanding loan, credit card and other similar debts to be written off and compensation to be obtained. We would urge anyone who is considering using a business offering such services to think carefully and seek independent advice before making any final decisions.”
Ray Watson, Office of Fair Trading (OFT) Director of Consumer Credit, supported the warning, stating that the “OFT will not hesitate to take enforcement action against licensed claims management businesses who engage in unfair business practices by deliberately misleading vulnerable consumers about the services they offer.”
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17 Comments on “Credit card write-off loophole claims frozen”
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Shocking use of mis-information and bad writing. All you have to do is go on the ministry of justice website for upto date information. The most upto date stating that claims are still allowed to be challenged in court.
Not strictly true. The loopholes that I used, and continue to help others to use do not require any intervention from anyone. You look at your accounts / agreements, and if they don’t comply with the law, you tell the creditor so and stop paying. I ‘stopped paying’ £58,000 over 9 cards almost 2 years ago and I don’t here a word from the creditors. Their legal representatives have informed them of the facts, so they have no choice but to leave it. Same for many, many people who bought my guide book.
There are many rip off sites around. debtloopholes charge £99 for their guide. Cartel Client Review are sharks and will hang you out to dry with your lenders, then abandon you. Nearly all of the companies I have spoken to regarding credit card ‘write-off’ are making claims that they cannot support with evidence and are shadey about their charges and processes, and are just happy to take your money for doing very little in return. They do not help the situation, they worsen it. Rip off Britain.
Yes a company called cento client review called me, they charged me over £700 and promised me my money claimed back within 40 days . almost 6 months later and nothing. they wont return my calls and keep promising a refund but never call me back or do it. im sick of it , its been going on for months and is making me unwell. beaware if these rip off companies, i was told i would be on holiday with my compensation yet im even more in debt becasue of their con! i just dont know who to seek hepl from.
I wonder why ‘Um’ has singled out a Claims Management Company that clearly is having success?
It is clear that there was no ‘freeze’ on cases as has been shown by continuing litigation and success in this area such as http://www.manchestereveningnews.co.uk/news/business/s/1152798_cartel_client_review_wins_landmark_case
The plight of R Taylor is concerning. If a company uses solicitors they cannot cold call to promote claims. That Centro Client Review have chosen a name so similar to Cartel Client Review could also be questioned
these companies have a massive take up but very little in terms of cases won. Its a full on rip. If something sounds too good to be true it normally is. it would be the first time the main man at Cartel Client Review has run a company that he has later had to close down owing money everywhere.
sorry, was menat to say “it would’nt be the first time he has wound a company up”
Two things are certain. 1. People are being ripped off by some companies claiming to offer this service. 2. Success is being had by others. (I was successful). Like everything else in this world, proceed with caution, don’t be taken for a ride but do keep an open mind.
Sent claims to Cartel Client Review in 2007. Since then all I have is that the claims are sat with R&I, (research & Investigation). Can not cancel the claim per the clause in the terms… not sure what I can or can not do.
I would not like to guess if it is a rip off or not , the only thing i can say is in my experiance Cartel Client review did exactly what they said they would for me , they took a leading car company to task over a car credit agreement and settled the debt , In doing so they saved me circa 20k and a load of hassle , but you have got to be realistic and very patient it took 13 months for the car company to agree that they were in the wrong .
Well, sounds like some bad news on the horizon now that CCSL has been shut down for breaching the peace. I can’t see Carel hanging on for long either. The fight is on for refunds and if the pot is empty… well, may the best man win!
Sorry for being a bit nieve, but presumabley people that were intelligent enough to borrow money at 17% plus were intelligent enough to read the small print and realise that the bad offering they got would continue and that because of arrogance and greed now everybody has to pay for them in the guise of higher interest rates because of defaults
I agree with Terry. Why should all these people get their debts written off? The reason the country is in such a state is partly due to all the greedy b******* who want everything immediately, whether they can afford it or not, then renege on their credit agreements leaving someone else to carry the debt. I hope that Simon Bing is proud of stealing £58,000+ from his various banks. Under different circumstances he would go to prison for that!
Totally agree that people who borrow willy nilly should be made to pay it back irrespective.
Now that a judge has ruled these claims are no longer vaild I wonder if Simon Bing and others like him will be chased…….I hope so.
I see nothing wrong with trying to write off debts that were not correctly contracted.
In fact, when you make a credit card contract, what you are effectively doing is writing them a cheque for the amount of your credit limit, that they then “lend” back to you and charge you interest for the pleasure. In many people’s eyes, this is actually fraud. You don’t think they actually really have funds from which to lend you the money in the first place do you??
All banks and credit agencies are thieves and bandits and that includes the UK Government Ltd. which is actually a profit making corporation.
You don’t think the tax you pay actually goes towards paying for any services you might possibly benefit from, do you. It just goes to pay off the interest on the money the Government has (over)borrowed from the world banks, with no real means to pay it back, apart from ripping of the general public.
CENTRO CLIENT REVIEW. Please do not go anywhere near this company. My daughter and her husband were told that if they gave this company £4500 pounds they would be able to write off a £9000 credit card debt with mbna. They told her to add the £4500 (their fee) to the £9000 and it would all be wiped off no later then 9 months down the line.
I could go into a lot more detail but to make it brief this is the chain of events for the past year, but in no particular order.
1) No one ever contacts her.
2) They say you can reduce the amount you pay by telling mbna you are struggling with your repayments. This is not true. Mbna know what is happening and will not help in any way.This means my daughter has been paying approx £226 per month in interest rate, but incuring £220 in interest.
3) She is told mbna use delaying tactics and so the case is never any closer to coming to a conclusion.
She has just been told that because she has been waiting a year centro client review will refund her £4500, but she loses the initial £299 set up fee she gave them.
I am not an academic as this letter probably shows, but I felt I had to write this to warn everyone not to get involved with any of these firms, because even though you have been misold a policy or your credit card amount was increased without asking for it (as in my Daughters case) these lenders Know all the tricks and you will not win. Centro client review will not get your money back. In my Daughters case the only people it SEEMS who have benefited are mbna. Makes you wonder.
Kerobo claims and ATM their so called solicitors are another major con company. Plz stay away from them. They pursuaded me to pay them £300 something for each credit card to audit my account ..so they charged me in total of £1000 for 3 cards and promised me that in less than 6 months I will have to pay none of my creditors plus have all my debts cleared as they were mis-sold in the first place!!! they put me through ATM and till date- one yr later I have been in further mess and no sloution. Now the ATM solicitors want me to take some insurance..at that point I just gave up and ignored it ..2 wks ago they wrote saying since you havent taken the insurance we will close your file!!!
Beware!