Another CMC in trouble rofl.

Found this in todays Daily Mirror, enjoy ......

UPI's bank charge claims don't stand up - Investigations

[TUTTSI]

UPI Ltd , I believe are using the same call centre as Cento's and is mentioned on the Cento thread post 44.

[Amethyst]

Re: Another CMC in trouble rofl.

Delivering an email by hand was odd - but we were left with no choice.
We sent three messages to UPI (UK) Limited, which claims to help reclaim unfair bank charges, and received no reply at all.
So we printed the email and took it to director Julie Penhalagan in Skewen, South Wales.

We wanted answers for Brenda Platt of Chorley, Lancs, who was cold-called by UPI reps and told she was in line for £1,000 in compensation after six years of bank charges.
The caller then asked for Brenda's bank details, before asking her to pay £49 for its information pack.
We wanted to know:
* How did UPI calculate that Brenda might be in line for £1,000 compo if it didn't have her account details?
* Why it thought she'd been overcharged for six years without having these details?
* How it got her number - Brenda's ex-directory?
Despite being the sole director, Julie Penhalagan, 42, couldn't answer questions about UPI - "one of the market leaders in bank refunds". according to its website "with an impeccable track record".
She referred us to the manager, husband Keith, 45.
"We use several call centres in India, Africa and Wales who have a script," he told us.
"The caller asks if they have been overcharged by their bank in the last six years.
"If they say they have been charged, we give £1,000 as an example because if they were charged £30 a month for six years that's more than £1,000."
He said they buy details of potential customers from data agencies and sometimes ring people who are registered with the Telephone Preference Service.
"It shouldn't happen but it does through call centres," he said.
As for their success rate in getting refunds, Keith maintained: "I'd say 50% have their money and 50% are waiting."
Online, UPI is accused of "immoral trickery" and one blogger points out you can get the same information it provides for free elsewhere.
Keith responded: "My answer to any blog is if you're not man enough to put your name to something it can't be true."
He said one reason for the attacks was another firm was using UPI's name.
But why is Keith Penhalagan not a director, when he clearly knows more about it than his wife?
We think we can answer that.
In 2007 a previous firm of his, K&M Marketing, was exposed by BBC Wales consumer programme X-Ray for inflicting unwanted mobile phones on consumers, followed by unwanted bills.
- Coincidentally Trading Standards has just warned people contacted by bank charge reclaim firms: "Why pay for a service you can get for nothing?"
The watchdogs in West Sussex said hundreds of firms offer this service but you can submit a claim for a refund from your bank yourself free - for advice call Consumer Direct on 0845 404 0506.
It adds: "Never respond to an uninvited call and never give out bank details over the telephone."

............................

[Amethyst]

Re: Another CMC in trouble rofl.

Anyone fancy calling consumer direct and seeing what their advice is then ?


Heres the Trading standards release

Why pay for a service you can get for nothing?

Date: 26-May-2009
Press Release Number: PR2885
Press Release

Why pay for a service you can get for nothing? That’s the question posed by West Sussex Trading Standards Service, which is warning consumers in to be wary when using companies offering to reclaim bank charges.
“There are hundreds of firms offering to provide this service, however consumers can do this themselves free of charge,” explained Trading Standards Team Leader Alison Wheeler. “There are various template letters provided by consumer forums which can be downloaded from the internet.”
Most companies are honest, although an unnecessary expense. However some less scrupulous operators are offering similar services.
To avoid problems, Trading Standards is offering three top tips to people who want their charges refunded.
· Never respond to an uninvited call – find a trader you trust, and never give out bank details over the telephone.
· Ensure that you have written confirmation of the charges before you agree to use the service.
· Check that the trader is authorised by the Ministry of Justice.
While courts have found that bank charges can be unfair, the banks themselves are in discussion with the Office of Fair Trading to determine whether this is the case. Most banks delay payment until the final decision is announced.
However, if you can show you are in financial hardship, your bank must consider your claim before the final decision from the OFT.
Even though you may not receive any money for months, or perhaps years, if you feel you have been unfairly charged by your bank you should still lodge a claim as soon as possible.
For further advice on how to submit a claim yourself, contact a local Citizen’s Advice Bureau, or Consumer Direct on 08454 040506.

[enaid]

Re: Another CMC in trouble rofl.

Consumer Directs reply about firms who claim to get your charges back and also maybe get your debts wiped off.

From your email it appears you are wanting information and pre-shopping advice regarding companies that are claiming that they can claim back your bank charges and even have some debts written off due to your rights under the Consumer Credit Act.

Based on the information you have provided the key legal points in response to your enquiry are as follows:

In regards to bank charges, prior to the OFT's test case against the banks, there was nothing in law to confirm that the bank charges are not legal. Banks have in the past provided refunds of charges made - sometimes as a goodwill gesture, other times to prevent individuals taking legal action against them.

The OFT's test case had the intention of getting a judgement on whether bank charges are governed by laws restricting unfair contract terms - if so, the OFT may impose guidelines on charging. The resulting judgement is (in a nutshell) that the charges are subject to the same regulations as other terms and conditions a trader might impose. This opens up the potential that action can be taken where the charges are deemed unfair (e.g. the charge does not reflect the bank's losses as a result of a customer going overdrawn), although it is likely the matter will not be fully resolved for some time.

At this stage, there is effectively no change in the customer's position - any claims are on hold. As such any trader claiming that they can definately claim your charges back, may be disclosing mis-leading information and we would suggest that any consumer uses extreme caution if a trader, does make such a statement.

In addition, you have the right to request a copy of any such agreement under section 77-79 of the Consumer Credit Act 1974. A trader is only obliged to supply paper copies of any credit agreement that was entered into prior to 2007. You would have to pay a fee for the copy of the agreement and if the trader cannot supply a copy they would need to take the matter to court in order to make the agreement enforcable. The court would expect the trader to justify and mitigate (make less severe) any claim against you.

We would strongly advise you contact National Debtline on 0808 808 4000 regarding such issues. This is a national telephone helpline for people with debt problems in England, Wales and Scotland. The specialist advice given over the telephone is backed up with written self-help materials and they can assist in setting up Debt Management Plans. The service is free, confidential and independent.

Alternatively, you may want to contact the Consumer Credit Counselling Service as they also offer independent advice on debt. You can contact them on 0800 138 1111.

If you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number.

[Amethyst]

Re: Another CMC in trouble rofl.

Right so TS refer you to consumerdirect, who refer you to national debtline, shall we ask national debtline how to reclaim charges next? maybe they'll refer people to citizens advice lol.

no wonder people end up with cmcs

what are the chances of getting consumerdirect etc to say something like ' free forums ' I know they cant recommend one or another but they can tell people there is help out there.

[enaid]

Re: Another CMC in trouble rofl.

Right so TS refer you to consumerdirect, who refer you to national debtline, shall we ask national debtline how to reclaim charges next? maybe they'll refer people to citizens advice lol.

no wonder people end up with cmcs

what are the chances of getting consumerdirect etc to say something like ' free forums ' I know they cant recommend one or another but they can tell people there is help out there.

Well I will ask.

Done

[enaid]

Re: Another CMC in trouble rofl.

Well I will ask.

Done

Their reply


Your feedback regarding our website we be passed to the OFT's central team who deal with any issues relating to the website content.


Nice one NOT lol

[Amethyst]

Re: Another CMC in trouble rofl.

FFS.

Well see what the oft come back with, standard cak about test case having claims on hold I expect.

[enaid]

Re: Another CMC in trouble rofl.

Basically just going round in circles, cause none of them know what's happening, imho.