ATM sols / Grassroots Financial / Temple / Legal Ness

[EXC]

Re: ATM sols / Grassroots Financial / Temple / Legal Ness

Actually PT have you got a copy of their contract ?

Here's a copy that MOJ sent me that were supplied to them in 2010.

[Amethyst]

Re: ATM sols / Grassroots Financial / Temple / Legal Ness

Ahh that's a better copy than my scanned version.

Successful Claim means that You receive some form of settlement/payment/compensation, or that You no longer have to pay all or part of an amount owing to a lender, either by settlement out of court, by an award ordered by the court or as advised by a solicitor;

Unsuccessful Claim means that We are unable to provide the Services or We have to withdraw the Services [not including
cancellation under clause 4 (b)] or You do not receive some form of settlement/payment/compensation either by settlement out of court or by an award ordered by the court;

I hear that Legal Ness are not a separate company (except in name and registered as dormant) and it may as well be the same guy writing the letters that sent them from GRF previously, just with a new letter head. I guess the debts might be formally transferred to this dormant company so the books for GRF look better, who knows, but basically, don't worry, it hasn't been escalated just trying a new tactic on you.

They don't intimate to be solicitors or anything in the letter and they are registered legally as a separate company soref Wonga fake letters I guess we see what the FCA say further about the practice.

So basically, I wouldn't worry too much. If they take you to court you have a defence, in that the invoices are based on a success which didn't happen.

It'd be nice to get a SAR from the lenders in question to see if there actually was contact between GRF/ATM and they, and a CCA request would be nice too, but I'm concious the debts are both in your DAS and wouldn't want to stir anything up by getting back in touch with the original creditors just to satisfy ourselves that GRF aren't entitled to that success fee. If they did ever try to take you to court you may have to, but I can't see it happening, and if it ever did we'd certainly help you to fight it all the damn way.

[Amethyst]

Re: ATM sols / Grassroots Financial / Temple / Legal Ness

From the ATM report from the SRA - it further demonstrates that the claim was only partially dealt with

Unenforceable Consumer Credit Act Claims (“UCCA Claims”)

27. The claim process described in the FI Report included that on receiving instructions to
challenge the enforceability of a CCA:


 The instructed solicitor would pursue the credit provider for disclosure of all
relevant executed agreements and associated documents and information
under sections 77 to 79 of the Consumer Credit Act 1974;

 An assessment would be undertaken of the CCA and debt outstanding with
regard to its enforceability, the conclusions of such assessment being
contained in an Audit Report;

 The solicitor would advise the client as to the enforceability of the CCA;
probably all they got up to with your case before the industry got floored by certain judgments

 The solicitor would then contact the credit provider and attempt to persuade
them that the loan should be cancelled;

 If the claim of unenforceability was rejected by the credit provider, the
solicitor would consider taking legal proceedings to obtain a declaration from
the Court, and such litigation would ordinarily be funded by an After The
Event (“ATE”) insurance policy;

 Based on the Audit Report, the solicitor would advise the client whether to
adopt a proactive or reactive approach, that is whether to continue or to cease
making payments under the CCA which would then determine whether the
credit provider would be forced to apply to the Court for an enforcement order
or whether the client instigated proceedings seeking a declaration under
section 142 of the Consumer Credit Act 1974 to rule the CCA unenforceable.

[EXC]

Re: ATM sols / Grassroots Financial / Temple / Legal Ness

Yes I read that.

If you word search 'MOJ' it brings up some interesting stuff too.

[Amethyst]

Re: ATM sols / Grassroots Financial / Temple / Legal Ness

I have sent an email to our solicitor with all the information and advice you have given me and will let you know his response when I receive it.

Hi Jojo, We need to get on with a reponse to legal ness. Someone else on the forum has received a quite threatening letter from the Dures Partnership, ref a claim from GRF and Legal Ness. ( see http://www.legalbeagles.info/forums/...w-more-threats ) If you get one, don't panic, just post on here with a copy asap xx