Cancel Your Loan Ltd aka Total Refund

**Amy** · 17th June 2009, 18:36:PM

Re: Cancel Your Loan Ltd aka Total Refund

Did you ask him where they got your details from?

**Amethyst** · 17th June 2009, 18:39:PM

Re: Cancel Your Loan Ltd aka Total Refund

was a random cold call on general work number - recorded message type pess 1 to speak type call.

**scoobydoo** · 17th June 2009, 18:45:PM

Re: Cancel Your Loan Ltd aka Total Refund

I have seen a lot of discussion on these agreements recently and I hope you might be able to explain something to me . I thought there was a recent case ( not to do with finance companies ) where it was ruled there was a "contract" even though the original piece of paper did not exist ( which is how I nuderstood the law could work) so why do people think that a credit card debt is unenforcable because the agreement is flawed or not in place?

However I do think the companies should be bought to task for not operating under the rules/ legal restrictions that are put in place to protect the consumers. In my humble personal opinion only if I had a CCA that was not legal I would be willing to repay the debt that I had incurred since the agreement - but think the company should forgo ANY interest they had applied to the account over the term of the agreement as a "punishment" for not operating the account within the regulations . IMO that would be fair.

**TUTTSI** · 17th June 2009, 18:47:PM

Re: Cancel Your Loan Ltd aka Total Refund

Fantastic that you got a recording, I wish I had done that at the time when I spoke to Cento.

Well Done

Tuttsi

ps just found this on Google http://blogs.mirror.co.uk/investigat...ople-canc.html

**Tools** · 17th June 2009, 23:54:PM

Re: Cancel Your Loan Ltd aka Total Refund

I`ve left a comment on that blog but it's pending approval.

**Amethyst** · 18th June 2009, 09:20:AM

Re: Cancel Your Loan Ltd aka Total Refund

Originally posted by scoobydoo View Post

I have seen a lot of discussion on these agreements recently and I hope you might be able to explain something to me . I thought there was a recent case ( not to do with finance companies ) where it was ruled there was a "contract" even though the original piece of paper did not exist ( which is how I nuderstood the law could work) so why do people think that a credit card debt is unenforcable because the agreement is flawed or not in place?

This is because of para 127(3) of the 1974 consumer credit act - a court CAN'T impose its own terms on a contract and if any are missing the whole things unenforceable and thus void. there are famous cases such as the rankines, and wilson v first trust etc (they're up on site in case law)

(3) The court shall not make an enforcement order under section 65(1) if section 61(1) (a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the

prescribed manner).

However I do think the companies should be bought to task for not operating under the rules/ legal restrictions that are put in place to protect the consumers. In my humble personal opinion only if I had a CCA that was not legal I would be willing to repay the debt that I had incurred since the agreement - but think the company should forgo ANY interest they had applied to the account over the term of the agreement as a "punishment" for not operating the account within the regulations . IMO that would be fair.

yep thats i think what most people think - they are happy to repay the debt, the ActUal debt, not the interest charges etc etc and should be treated fairly if they run into problems and not be harrassed by evil scumbag dca's.

127(3) was repealled in 2006 so from april 07 a court can impose its own terms on an agreement if there isnt one or terms are missing in future

**Amethyst** · 19th June 2009, 07:44:AM

Re: Cancel Your Loan Ltd aka Total Refund

For ref

Originally posted by mirror

Total Refund told - give us refunds

By Andrew Penman on March 19, 2009 12:00 AM in Debts and loans

Judging from our mailbag, there are two schools of thought about Total Refund.
Some "clients" tempted by their cold calls think they're total incompetents. Others believe they're total shysters.
The Birmingham-based outfit, run by Mohammed Mashedi and Abdul Kauser, promises to fight for rebates for victims of unfair bank charges or mis-sold insurance policies.
"Find out now why you are missing out on huge payments that belong to you," tempts the Total Refund website.

It goes on: "At Total Refund, we want to continually improve the standard of our service. We therefore love hearing what our customers think."
Not sure if they'll love what this lot have got to say.
"I was contacted about reclaiming unfair bank charges," said Robbie King of London.
"I was told it would cost me £75. I told Total Refund I was interested and gave them my details but asked them to contact me another time to discuss it.
"The next time I checked my bank account they had taken £75 without authorisation. After calls and letters to them I still haven't received my money back."
Barry Taylor of Chester-le-Street, County Durham, told us: "I paid around £50 to get the ball rolling, filled in a few forms, and requested statements from my bank of the charges incurred.
"Then I waited and waited but had no contact from Total Refund. I complained and was told a manager was dealing with our case and it would be sorted as quick as possible.
"This has been going on for over a year.
"I've phoned many times and always get the same answer - my claim is being processed and that they will phone me back to tell me what I'm entitled to, but they never do."
Shirley Adams of Spondon, Derby, paid Total Refund £120 to reclaim mis-sold payment protection insurance and bank charges, plus £10 to obtain copies of the paperwork from her bank and, a year later, is no further forward.
"I'm extremely cheesed off," she said. "I've been told different stories everytime I've rung, never getting a call back and being told they had sent me two recorded letters which I never received."
Then there's John Daly of Hemel Hempstead, Herts.
"After a brief phone call with my wife one of their advisers talked her into giving some of our bank details.
"Then without consent Total Refund took £369.80p from our account and won't give it back.
"I phoned their premium rate number and after keeping me hanging on for ages said they would get someone to call me back and I am still waiting."
We've asked Mashedi and Kauser, both 27, to comment and heard back from their company's customer services manager Wade Rose.
Robbie King has finally got his refund, he said, and John Daly will get his when he returns Total Refund documents.
As for Barry Taylor and Shirley Adams, "sometimes it does take longer then expected".
So, that wraps that up.
Oh, hang on, we've just had another Total Refund complaint, this time from June McLaren of Blairgowrie, Perthshire.
And one from Mital Sakaria of Wigston, Leicester.
Plus Sanna Majeed of Luton, Beds...

**Amethyst** · 19th June 2009, 08:16:AM

Re: Cancel Your Loan Ltd aka Total Refund

sent this to them (their email address for total refund doesnt work so sent it on live chat and will locate their owners (Mohammed Mashedi and Abdul Kauser) addy in a tic)

Total Refund Ltd, Fairgate House 205, Kings Road, Birmingham, B11 2AA

Dear Sirs

I write regarding your credit agreement trading style of CancelmyLoan.

I received an unsolicited telephone call from yourselves making the following claims which I would appreciate confirmation and/or evidence of their validity

1 in 2000 claims are unsucessful
70%-80% of credit cards the lender has no copy of the agreement
you write off debts for 500-600 ''clients'' each week
your telephone sales staff receive £35 commission per sign up to your service
you have a 95% success rate
The service costs £295 per claim and if I am unsuccesful your in-house solicitors will send me a cheque refunding this fee.

You will be aware on the misleading advertising guidance published by the Ministry of Justice, as well as the advertising standards authority. Please be aware a recording of the call described above will be forwarded to the Ministry of Justice.

I look forward to your response.

**Amethyst** · 19th June 2009, 08:35:AM

Re: Cancel Your Loan Ltd aka Total Refund

WhoCallsMe discussion on same companies

08448848678 - who calls me?

and ooo look another one whos company is involved in mobile phone 'projects'

Ocean Communication Ltd
Fairgate House
Kings Road
Tyseley
Birmingham BS11 2AA
Company Number: 05318031

Originally posted by whocallsme

'Total Refund' and 'Ocean Communication Ltd' are both based at Fairgate House, Kings Road, Birmingham. OCL is currently in a Company Voluntary Arrangement requiring the payment of £400/mth minimum plus 50% of net profits - sums due to HMRC and other creditors I suspect.

The director/shareholders of both companies are as follows:

Mohamammed Ali Mashedi - 102 Buryfield Road, Solihull, Birmingham, B91 2DQ
Abdul Kauser - 166 Stroud Road, Shirley, Solihull, B90 2LA

any way of verifying the situation with OCL ?
Companies house says ''
1.3 22/10/2008 VOLUNTARY ARRANGEMENT'S SUPERVISOR'S ABSTRACTS OF RECEIPTS AND PAYMENTS:BROUGHT DOWN DATE 19/09/2008:LIQ. CASE NO.1
1.1 30/09/2007 REPORT OF MEETING APPROVING VOLUNTARY ARRANGEMENT

don't really want to waste £1

Total Refund Ltd -

288a 12/12/2008 SECRETARY APPOINTED CLARK & DEEN LLP
288b 09/12/2008 SECRETARY RESIGNED ABDUL KAUSER
288b 09/12/2008 DIRECTOR RESIGNED ABDUL KAUSER
225 02/12/2008 PREVEXT FROM 29/02/2008 TO 31/07/2008
288c 05/06/2008 DIRECTOR'S PARTICULARS MOHAMMED MUSHEDI

so do you think they use Clark & Deen for the UCA stuff or just as accountants? Clark Business Advisors, Birmingham have emailed them to ask anyway.

**Amethyst** · 19th June 2009, 16:55:PM

Re: Cancel Your Loan Ltd aka Total Refund

Reply received, and replied to. Keep you informed. (btw have been completely open with who they called and used the admin@legalbeagles.info email address)

Subject: Thank you for your email.
Date: Fri, 19 Jun 2009 16:26:59 +0100
From:

Dear
Firstly I would like to thank you for your email highlighting some mis communication from one of our agents.

As you are most likely aware most of these claims are absurd and I can assure you the below is not normal practice.

Due to the seriousness of these claims I need to investigate further before I can give you an update. Therefore can you please provide me with the phone number we contacted you on and the date of the call, as all our calls are recorded and it will enable me to find out who you spoke with and also listen to the conversation.

Please be assured that we take complaints very seriously and if a member of staff is not complying with company policies the appropriate action will be taken.

I look forward to hearing from you.

Kind regards

Mohammed Mashedi

**Tools** · 24th June 2009, 19:03:PM

Re: Cancel Your Loan Ltd aka Total Refund

Update on this one….

I was contacted today by Toni Sargeant Customer Service Manager for Total Refund following the cold call I received at work and Amethysts email regarding the wild claims during that phone call.

She is part of the Team recently set up following the MOJ’s concerns to the company’s owners Mohamammed Ali Mashedi and Abdul Kauser about the number of complaints received from consumers and clients. I assume Total Refund and their associated companies were amongst the 10 that recently had their wrists slapped for cold calling and misleading claims to consumers. I suspect that the ultimatum given was along the lines of “comply or lose your CMR License”.

I was assured that ALL calls that lead to a “sale” are now checked by their own Compliance Officer, I have to say I am a little dubious of this as I was asked for my card details/payment during the call and at no time would that call have passed compliance.
It was pointed out that the new measures in place for compliance / complaints had been run past the MOJ and they were satisfied it met their guidelines. Total Refund voluntarily/have to inform the MOJ of any complaints they receive and are passed to them as a “statement of concern”

Toni informed me she is an ex-Lloyds TSB Customer Service Manager who was made redundant due to the recent merger with HBOS and took the job with Total Refund also as Customer Service Manager. She highlighted at great length that the new regime was compliance with the MOJ Guidelines, agreed probably only because of their threat of losing their License to conduct Claims Management activities, a lucrative and fast growing industry. So not only will it be a duty of care but also protecting their revenue stream.

Shes going to listen to my call and discipline the employee based on her findings, she suspects it is an employee who has been there for some time and is unwilling to adjust to the more compliant techniques of handling calls / selling their service.

I asked her about the bank charge claims they do and she told me they act as an introducer for monster claims who have in house solicitors. I queried why they still promote that service as all bank claims are on hold pending the present hearing within the House of Lords, which she then said that is why they now concentrate on credit card charge claims, PPI claims and unenforceable credit agreement claims. They deal directly with those and use a solicitor(sorry didn’t catch the sol’s name possibly Greenhalghs?).

I asked if they explained to consumers the detrimental effects of debt write off and claims against lenders on credit ratings/ability to obtain credit in the future and she assures me they did, hmmm?

I was also told they use Martin Lewis’ video blogs as part of their staff training as an easy way to explain issues to employees.
I explained our concerns, not only with Total Refund, about the ludicrous claims and excessive charges that they impose on clients, especially up front fees etc. I accepted that CMC’s have their place and that there are many people who do not want to handle claims themselves but CMC’s should act correctly and without ripping off people. She agreed the company has been “crap” but they are now working to sort the issues. I have invited Toni to join/work with Beagles so that people can air their concerns and hopefully have them addressed directly. I remain wary and wait to see if they improve their practices, time will tell.

If you have any concerns about Total Refund or any of their associated companies such as Cancel Your Loan Ltd. Then feel free to post them here, remember, this is to help sort out issues and not a thread for attacks please.

**Amethyst** · 24th June 2009, 21:04:PM

Re: Cancel Your Loan Ltd aka Total Refund

Just to add that Toni has been working at Total Refund for three weeks and appears to be making a lot of changes in the way the company works and monitors compliance. They appear to be taking a one false move and your out stance with their employees but there seems to be a long way to go yet.

Be very interesting to see how or if things improve.

If anyone does receive calls from Total Refund Ltd or Cancelmyloan could you please tell us an outline of the call and if there are issues with the call you can contact Total Refund, ask for Toni Sargeant, or pm Tools or myself, with details of your phone number and time of call and any complaint.

Only by complaining, to the MoJ AND to the companies concerned can they take action to improve things.

It sounds like the MoJ have had a few words and also, so far, sounds like the directors of the company have taken it seriously and are implementing changes. We shall see if it lasts.

**Tools** · 29th June 2009, 17:11:PM

Re: Cancel Your Loan Ltd aka Total Refund

Received another unsolicited call from Total Refund on Friday despite being told they would remove the number from their databases. So I called Toni on her direct number but she was apparently in a meeting so I left message for her to return my call...............

..............Today, had my call returned by Toni to inform me the reason for the "meeting" was in fact a disciplinary hearing to dismiss the person who originally handled the call and made the ludicrous claims to "wipe out my debts". This person was apparently set in their ways and was unprepared to adapt to the new regime of compliant selling as opposed to the old pressured "anything goes" selling techniques. They are also using this example as a warning to the other staff who refuse to adapt. I asked if they were one of the ten recently clamped down on by the MOJ, I was told the weren't and that the MOJ's concerns were raised as far back as January of this year.

We discussed many concerns that Legal Beagles and consumers in general have when dealing with Claims Management Companies such as:-

Up front fees.
Back end fees.
Accuracy of information given during sales calls
Refunds where it is found there is no cause of action taking too long to refund to the consumer.
Final invoices being chased before the consumer has received refund by the bank/lender.
Commission paid to call centre workers that actually leads to pressure selling, this has now apparently been replaced with compliance / customer satisfaction based pay incentives.
Proportional fees for the service they provide, e.g not £295 for something that can be done yourself with just one or two letters.

We also discussed Total Refund and the concerns that the MOJ had with them. She confirmed that basically the Directors had received an ultimatum from the MOJ that if they failed to address complaints/concerns raised with their activities they would ultimately lose their authorisation to conduct business.

She admitted that the Directors were at a loss as to how they could fix the damage already done and in effect have just had to throw money at the problem by recruiting a Team of Customer Service Managers and Compliance Officers to shake things up sharpish. They were fully aware the problems stemmed from their own practices and sales techniques.

Toni has agreed to join the forum and accept any valid concerns members may have with Total Refund or its associated trading names. I was also told that the Directors were regulars on Beagles when looking for updates on the Test Case and other issues.

If you do have any concerns then please feel free to post them but I would ask that no personal attacks be made. This may also include any concerns with the Claims Management / introducers industry as a whole.

**natweststaffmember** · 29th June 2009, 17:31:PM

Re: Cancel Your Loan Ltd aka Total Refund

Just wanted to say that I think it is good to see that you are working with them to make sure that action is taking especially on outlandish claims made on cold calling. It's great to hear that their compliance manager will be joining and good to hear her perspective from the other side so to speak. Glad to hear the directors pop on here too for Test Case updates rather than just rely on press updates

Cancel Your Loan Ltd aka Total Refund

Cancel Your Loan Ltd aka Total Refund

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Announcement

Court Claim ?