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   Am I being conned?

Scotty
09-05-2007 03:47 PM

Joined: 09 May 2007
Posts: 2
I am signed up with debt management company for 3 months now. I have debts of £56,356 and I am currently debt manageing my problem and paying £415 pound a month over the next 15 years. So far I have paid well over £1400 with set-up costs.

The thing is the same company has now phoned me to say that I could pay off my debts in 5 years using an IVA. Now I am confused. If I am eligible for an IVA why was I not offered this the first time I contacted them? What will happen to the money I have already paid. What should I do?

Confused


DW George 09-05-2007 05:14 PM

Joined: 01 May 2007
Posts: 148
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I don't know anything about your particular company, but I have come across DMC's who use similar tactics to sell IVA's.

Now, IVA's are only suitable for those who are insolvent and really should be offered as a choice of solutions by reputable DMC's.

Here's the angle.
You are insolvent and contact a DMC. They naturally advise you to sign up a DMP and say it will take at least 15 years if the creditors freeze the interest rates. The DMC may say that they will get the interest rates frozen. They take a set-up fee and and you pay, in your case, £415 a month for three months. You may struggle to keep up with these payments, but you have been convinced by the debt adviser to push yourself and the debt will get paid off sooner. Then the DMC does nothing but collect your money for three months

The hook
They phone you back after three months. Saying that they have reviewed your circumstances and it appears that your financial circumstances would fit an IVA. Which means that all your debts would be written off, the monthly payments would be reduced and that all this can be achieved in 5 years.



Result
Where do I sign?

The DMC gets £1500+ for doing nothing but pre-sell you an IVA.

Something's wrong







Scotty
09-05-2007 05:39 PM

Joined: 09 May 2007
Posts: 2
Thanks for your reply
So what should i do? Are you saying that the company I am with has conned me?





DW George 10-05-2007 05:07 PM

Joined: 01 May 2007
Posts: 148
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Based on what you are saying yes, you probably have been subject to unscrupulous sales practices. The DMC should have correctly identified that you were insolvent and offered an IVA as an alternative solution to debt management.

What I would do is confront the DMC and ask them if they have made any payments to your creditors. My guess is that they haven't. That being the case, demand that all your money is refunded back to you. If they won't do this then say you will start legal proceedings against them in the small claims court. If that doesn't provoke them into refunding your money then take them to court!!!



MALLORCASPAIN 28-05-2007 11:02 PM

Joined: 28 May 2007
Posts: 10
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forget small claims very long winded, FSA is he best root tell the DMC you want you funds or you will go to FISA or FSA dependant on the company.


You will find the cheque will be flying back to you these companie sdo not want people looking at there books.

Write to them tomorrow and i bet you the £1,400 set up fee you have a cheque in your hand within 10 days.



James H 12-06-2007 10:42 PM

Joined: 27 May 2007
Posts: 32
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Scotty
On this occasion, take the advice of MallorcaSpain. The FSA will embrace your contact but simply threatening to contact them will work wonders. If the threat does not solve the issue......carry out the threat. It is free and very very powerful.



DW George 13-06-2007 11:39 AM

Joined: 01 May 2007
Posts: 148
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Guys
The FSA don't regulate debt management companies.

Scotty
The debt management company must have a consumer credit licence to operate. If you want to recover all of your money then the only option you have if the DMC fails to pay back your money is to take them to court.

It may be useful to contact your local trading standards as they enforce the provisions of the Consumer Credit Act which regulates these types of companies. Perhaps a call from them will provoke them into to paying up. However, the remedy you are seeking is a civil one and that means only you can make them pay up by taking them to court.

Send the DMC a letter with a small claims leaflet stating if they don't pay up then you'll take them to court.



James H 13-06-2007 08:42 PM

Joined: 27 May 2007
Posts: 32
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Good call George......slap my wrist!!!!!!



mallorca 19-06-2007 09:40 AM

Joined: 28 May 2007
Posts: 17
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DW George y6ou are correct, the FSA dont regulate secured loans either but you tell a broker you will contact the FSA they will drop there pants and do anything you want. FISA regulate secured loans and FISA is just a waste of time.



Drained
01-08-2007 04:01 AM

Joined: 01 Aug 2007
Posts: 1
I signed up with Exodus Debt Solutions in October, 2006. My husband and I had come upon HARD times. He had shoulder surgery and was out of work for about a year and I soon fell ill and was out of work for several months. I contacted Exodus Debt Solutions and was in contact with an agent there, Micheal Martinez.
He was very comforting and spoke about christian valuses and wanting to pay your debts but not being able to. He said he could put me in the program and in as little as a year I could possibly be out of debt. He said there was a nominal fee of $25.00 a month for contacting and speaking with my creditors. He also assured me that they would not proceed with Garnishments or court proceedings. We had credit card debt and medical bills that we couldn't make enough money to cover. He convinced me that Exodus was an honest Christian based company that only wanted to help me. (Yes, I swallowed it hook, line, and sinker.)
Exodus has been taking $136.00 a month from our checking account and holding it. My husband got a supeona to appear in court on one of the medical bills and we called our representative at Exodus. He assured me that we did not have to appear in court because he would contact them right away and get the matter settled. He didn't. Not only did he not handle the matter but he didn't notify me that they would not settle the case with him. We knew nothing until my husbands check was garnished.
We contacted Exodus and was told by Mr. Martinez assistant that he had tried but they wouldn't settle and they have too many clients to be able to call and tell us we needed to make arrangements to avoid garnishment. I ask them not to withdrawal any more funds from our account until we could figure out what was going on with our account with them. They continued to withdrawal and overdrew our bank account causing us to lose $70.00 in bank fees.
To date they have taken $1,200.00 of our money and are now telling me that they are keeping $895.00 in fees. FEES FOR DOING NOTHING!!!!!
We spoke directly to our credit card companies and they were more than willing to work with us to reduce our debt. Some went as far as taking off finance and late fees and reducing our balances by 50%. We only had 4 months to pay the account off and we are stretched to the max but if you can tighten your spending and belt you can do it.
Please do not use EXODUS DEBT SOLUTIONS and advise your friends, even strangers against it also.
They talk a good game to people who are down on their luck and at the end of their rope in debt, but they just add to your trauma and rob you blind. I am in the process of contacting legal advise on how to proceed.
Please be careful and research any avenue you take carefully.



DW George 01-08-2007 11:54 AM

Joined: 01 May 2007
Posts: 148
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Some useful advice there. Everyone should check out debt management companies before signing up. People with debt problems who contact DMC's are easy sales. They tell you what you want to hear-"we will handle your debt problem don't worry"-sold, and that can lead to the problems outline by Drained.

Thanks for your input Drained and sharing your experience with us. I hope everything works out for you and your legal action is sucessful. Stay in touch

George



rusty7778
28-09-2007 11:05 PM

Joined: 27 Sep 2007
Posts: 1
In regards to exodus debt solutions i went through one of their programs and was very satisfied all my accounts were settled and i saved 46,000.00
dollars. I gues there will always be unhappy people in this world.





 



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