ATM sols / Grassroots Financial / Temple / Legal Ness

[Jojo1]

Hi there,

i am new to the site and forums and am looking for help or advice on the company Grassroots financial, as they were once known, and credit cards being made unenforceable.
we paid upfront to this company for credit cards to be scrapped and three years on this has not happened and they are now threatening us with bankruptcy or legal proceedings for not paying their sum for their solicitors allegedly finding them unenforceable.
We had citizens advice and trading standards helping us and who say the contract is a totally unfair contract and to be made unenforceable that this needs to go before a judge or in our case a Sheriff here in Scotland.
Thankfully we are now paying our creditors back through a DAS (debt arrangement scheme), but just want this nightmare with Grassroots to finally end.
:christmascandle:

[Amethyst]

Re: Hello everyone

Hi there,

Have you received a bankruptcy petition/statutory demand (I'm not that up on scottish proceedings for insolvency sorry - so is it just letters you;ve received or a formal court document)

There is another case on here currently which is also GrassRoots Financial trying for bankruptcy off the back of their contract. They have withdrawn the stat demand when challenged and have indicated they will try for a CCJ through the court system instead.

Do you have copies of your paperwork - original agreement with GrassRoots etc ? How much did you pay them upfront ? and how much are they claiming from you ?

Who are the solicitors acting for GrassRoots (or Debt & Claims as they are now)

Are you still making payments on the cards you engaged GrassRoots to 'write off' for you ?

[Amethyst]

Re: Hello everyone

We had citizens advice and trading standards helping us and who say the contract is a totally unfair contract and to be made unenforceable that this needs to go before a judge or in our case a Sheriff here in Scotland.

Do you know what terms of the contract CAB and TS thought might be deemed unfair ?

[Jojo1]

Re: Hello everyone

Hi Amethyst,

so far it is just letters from grassroots solicitor Temple & co who have threatened this. We have all the original documents and contract, although these are with our solicitor at the moment. We paid them just over £900 upfront on one of the credit cards and they say we owe them £5600 for making both credit cards unenforceable. We were indeed very Gullible but also very desperate as at the time my husband had just lost his job.
we no longer have these credit cards or any other credit and are paying the credit cards debt back through our DAS (debt arrangement scheme).
Citizens advice thought grassroots had found a loophole and that the whole contract was very "smoke and mirrors".
at the end of the day grassroots have not delivered what they promised and that was to scrap both credit card debts through unenforceability.

[Amethyst]

Re: Hello everyone

When you say the documents are with your solicitors, do you mean ones acting for you in this case ?

GrassRoots are using the same solicitors Temple & Co in the other case on here too.

I'll make it so you can view the other case that is ongoing and give you a link shortly. Might be an idea to post any further about your case in the more private VIP area.

http://www.legalbeagles.info/forums/...ts-Stat-Demand

[EXC]

Re: Hello everyone

We paid them just over £900 upfront on one of the credit cards and they say we owe them £5600 for making both credit cards unenforceable.

Was the fee they're asking for 30% of the balance on your cards?

Was it ATM Solicitors that advised that the cards were unenforceable or Grass Roots themselves?

[Jojo1]

Re: Hello everyone

Yes. The documents are with our solicitor and some original and copies of documents are with citizens advice.
We fear losing our home but our solicitor says as we are in a DAS that we should be protected from this and we have a lot of equity on our home.
i look forward to the link!

[Amethyst]

Re: Hello everyone

http://www.legalbeagles.info/forums/...ts-Stat-Demand

[EXC]

Re: Hello everyone

One other thing, did you stop paying your credit cards as a result of receiving the advice that they were 'unenforceable'?

[Jojo1]

Re: Hello everyone

Yes Redsetter,

it was 30% of the balance on the cards and it was ATM solicitors that advised the cards were unenforceable. Although ATM changed to different solicitors almost every time we heard from them. At one point one of their solicitors said they were no longer working alongside Grassroots for reasons unknown.

[EXC]

Re: Hello everyone

OK. Can you answer this?

One other thing, did you stop paying your credit cards as a result of receiving the advice that they were 'unenforceable'?

[Jojo1]

Re: Hello everyone

Yes, an agent from Grassroots and ATM solicitors "congratulated" us and told us to "cease" all payments to the credit card companies, which we did, and in which case the debts then spiralled out of control, hence why we are now in a DAS.

[Amethyst]

Re: Hello everyone

Is the GrassRoots debt included in your DAS ?


( for ref info on DAS - http://www.dasscotland.gov.uk/node/335 )

[EXC]

Re: Hello everyone

Yes, an agent from Grassroots and ATM solicitors "congratulated" us and told us to "cease" all payments to the credit card companies, which we did, and in which case the debts then spiralled out of control, hence why we are now in a DAS.

That could be the grounds on which you could defend any action by counter claiming that the advice they're trying to charge you for actually cost you more.

Did Grass Roots do anything further for you after you received the advice to stop paying?

Also is your solicitor intending to represent you in this?

[Jojo1]

Re: Hello everyone

Is the GrassRoots debt included in your DAS ?


( for ref info on DAS - http://www.dasscotland.gov.uk/node/335 )

No Amethyst, we are in dispute with Grassroots, but we may have to include them if all else fails.