
Frequently Asked Questions
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How do I know if I am eligible to apply
for help?
If you have any credit cards, store cards and
unsecured loan agreements with individual outstanding balances of
more than £2,000 and less than £25,000 and that they were taken out before the
1st April 2007, then it is likely we can help and
get the debt either totally written off or at least substantially reduced for
you.
How does this work? Why can these cards or loans be written off?
Key changes to the Consumer
Credit Act 1974 ("the Act") means that some credit cards and
unsecured loans issued before 1st April 2007 could be totally
written off through our legal process.
Unfortunately many lenders /
institutions may have failed to have internal systems robust enough
to ensure adherence to the requirements of the Act in relation to
agreements.
Recent case law and amendments
to the Act has resulted in an ability to challenge a regulated
agreement on the basis of their non compliance with the strict
requirements of the Act which was designed to protect consumers,
such as you. For example the aim of the Act was to make sure
consumers understood what rights they have and what redress was
available if dissatisfied.
Irrespective of whom your credit
card, store card or unsecured loan provider is, so long as the
balance is over £2,000 and under £25,000 we could possibly help.
Once instructed, Scorpio Connect (as an Appointed Representative of Credit
Issues) will contact you and once signed up our specialist team will
obtain and assess your agreements and guide you through the rest of
the process.
Not only are we seeking to write
off or reduce the balance of your credit card, store card or
unsecured loan we will also seek to reclaim any mis-sold payment
protection insurance or accident sickness cover together with
interest, if a broker was involved in the making of the agreement we
will seek to recover any secret commission paid to the broker and
finally Credit Issues will endeavor to recover any extortionate
charges on the agreements(s).
No matter how many cards or
loans you have we could help with them all. If your case meets the
qualifying criteria the balance of your credit or store card or
unsecured loan could be written off in full.
How is this regulated?

Scorpio Connect Ltd is an Appointed Representative of
Credit Issues Ltd.
Credit
Issues Ltd specialise in consumer credit agreements therefore
ensuring the best possible assessments. Credit Issues Ltd is regulated by
the Ministry of Justice in respect of claims management activities.
See
www.claimsregulation.gov.uk
What happens when I
apply online?
Your online enquiry will be passed to one of our
specialist consultants / appointed representative who will contact
you and arrange to complete your application. You will be fully
informed as to the progress of your case every step of the way.
How quickly can a
meeting with an Appointed Representative be arranged?
Obviously the initial telephone call with you will
have ascertained the basic facts with regard to your situation and
identified whether we can indeed help you. If that is the case, then
it’s really just a case of arranging a mutually convenient date and
time for a meeting, but this would usually be within two weeks from
your first contact. This would also allow you time to prepare all
the information that the appointed representative will need to go
through with you during the meeting. (Details of this will be sent
to you as soon as possible so that you can be properly prepared).
How do I know I am
getting the best advice?
Credit Issues are well versed in the fine details
of the Consumer Credit Act 1974 (“the Act”) and related case law.
With a combination of specialist legal knowledge and top class
solicitors and barristers at our disposal we are confident that you
will be getting the best advice available. Our staff use externally
prepared detailed checklists to review each agreement and their
compliance. If any staff need further assistance we have further
help and assistance available only a phone call away.
Have I got any
alternative route of redress?
Yes, you could approach the Financial Ombudsman or
seek assistance from organisations such as the Citizens Advice
Bureau, Advice UK, National Debtline, Consumer Credit Counselling
Services and Parents, Pennies and Pounds.
How much is this going
to cost?
Yes, we do charge for our services to
help you clear your debts, but it may not be as much as you think. These costs, to you (the client) include
an ‘Instruction Fee’ (payable at the first meeting), and a
‘Conditional Fee’ (which becomes due when your first credit card / loan is
cleared).
But they do relate to the number of cards and
loans you want to clear and how many applicants there are.
It's hard to give an estimate at this stage, and
we have provided an example below, but put simply.. if there were
two applicants and you had between you (say) 4 credit cards, 1 store
card and 2 unsecured loans with a total debt of £60,000 -
and it was going to cost you less than £4,000 -
to have up to £60,000 of debt wiped out,
would that be worth it?
Or how about if you were a single applicant with 3
credit cards, 1 store card and just 1 unsecured loan but still with
a total debt of £30,000 - and if it was going to cost you
approximately £2,000 - to have
up to £30,000 of debt wiped out,
wouldn't that be worth it?
Or take a single applicant with just 3
credit cards, with
a total debt of £15,000 - and if it was going to cost you
approximately £1,750 - to have
up to £15,000 of debt wiped out,
wouldn't that be worth it?
Or take an extreme case, with £100,000 of debt,
and yet it was going to cost you less than £5,000 -
to have up to £100,000 wiped out,
now that would be worth it, wouldn't it!!!
These fees are more clearly defined as follows:
>
Instruction Fee
§
£450 for first card or
unsecured loan (and to join Credit Issues)
§
£150 for each additional card
or unsecured loan
>
Conditional Fee
§
A conditional fee charged upon
success of £150 per hour up to a maximum of £1,000 per client
For Example:
A client with 1 credit
card with a balance (or debt) of £5,000 -
> Cost to client -
£450 plus £1,000 = £1,450
> Total
saving to client = £3,550
A client with 5 credit cards and 1 store card with a
total combined balance (or debt) of £40,000
-
> Cost to
client - £450 plus 5 x £150 plus £1,000 = £2,200
> Total
saving to client = £37,800
In the case of 3 credit agreements
(unsecured loans)
> Initial fee
payable 1 x £450 plus 2 x £150 = £750.00
> Reductions of
£5,000 in the sum outstanding under the first and second credit
agreements therefore a total reduction of £10,000.00
> Compensation of
£500 in the third credit agreement therefore a total compensation of
£500.00
> Say 10 hours
worked in respect of first credit agreement
> Say 5 hours
worked in respect of each of the second and third credit agreements
Conditional fees payable
>
First credit agreement
10
hours worked less 3 initial hours is 7 hours at £150 is £1,050
(capped at £1,000) = £1,000.00
>
Second credit agreement
5
hours worked less 1 initial hour is 4 hours at £150 = £600.00
(waived)
>
Third credit agreement
5
hours worked less 1 initial hour is 4 hours at £150 = £600.00
(waived)
Benefit to Client : £10,500 less (£750 + £1000 (inclusive of VAT as
applicable) is £1,750.00) = £8,750.00
When do I need to pay
any money?
> Instruction Fee
This is payable at the outset when instructing Credit Issues to
proceed
> Conditional Fee
This becomes due when first credit card or loan agreement is cleared
– You will be invoiced for this.
Will I need to go to
court?
Normally no! Whilst we hope that lenders will be sensible and
where an agreement is unenforceable agree it is. Sometimes it may be
necessary to progress to Court particularly if there are factual
issues. In the event that you do need to go to Court the nominated
solicitor will explain this to you and guide you every step of the
way.
How long will the
process take before the debts are cleared?
There is no fixed time, but it should take
somewhere between three and six months.
Can I keep using my
credit card or store card?
No, once we have agreed to take your application
we strongly advise that you do not continue to use your card, doing
so may affect the ability to successfully complete your claim.
Do I need to keep up the
normal monthly repayments on my cards and loans?
Yes, this is very important. You must
keep on paying the normal monthly payments on your cards and loans,
even though this will normally be the minimum monthly payment.
The process we are going through to help remove
these debts does not absolve you from keeping up your normal
payments.
If these are causing you problems, then please
call us to discuss a more formal Debt Management program that would
suit your particular circumstances.
Will I be able to get
another credit card, store card or loan?
Yes, nothing we do in the process should affect
your ability to apply for another credit card or loan with a
different lender although we cannot guarantee how a particular
lender / creditor may react. We believe that it would not be in the
lenders commercial interests to decline an application with merit or
cancel a good customers other agreements.
Will I be responsible
for any costs to the nominated solicitor?
No, if unsuccessful you will not have to pay any
costs incurred. Arrangements are in place to ensure the costs are
covered. If successful the nominated solicitor will seek the costs
from the other side.
Am I able to choose my
own solicitor?
Yes, you are free to choose your own solicitor at
any time but Credit Issues would suggest trying the nominated
solicitor to see whether they meet your expectations. We are sure
they will!
Will this affect my
credit rating?
So long as you maintain your minimum payments or
stick to any formal arrangements you are in your credit rating
should not be affected. If we are able to get your debt written off
with an agreement that the agreement is irremediably unenforceable
we would suggest you write to the relevant credit reference agency
requesting the removal of any adverse entries relating to that
agreement. Credit Issues do not offer a guarantee as this is outside
our scope.
Disputing information
held on your credit file
Generally you have
a legal right under the Data Protection Act 1998 and Consumer Credit
Act 1974 to dispute the information a creditor holds about you if
you believe it is not correct. They can usually only consider your
dispute if you write to them within 6 months of receiving your
credit file from an agency. Most of the information a credit
reference agency holds is updated on at least a monthly basis,
therefore a credit file that is over 6 months old is likely to be
out of date. If your credit file is over 6 months old you must make
a new application for your credit file to check the accuracy of the
most up to date information they hold. When you are sent your credit
file ask for a document explaining your legal rights in detail.
Your marketing materials
state that after reviewing my credit agreement Credit Issues are
unable to help, then I will get all my money back minus a £50 per
agreement administration charge; where is this stated within your
contract?
In the Credit Services Agreement V.12 Issues
17/09/08 under 'The Fees' on page 1:
"In the event that Credit Issues determines that each of the
credit agreements is enforceable and fair and that the creditor has
not committed any breach of contract or duty Credit Issues will
refund the fees paid by the Client save for an administration fee of
£50 in respect of each agreement."
It is worth adding that this is for any point in the process,
whether Credit Issues have just reviewed the agreements or if the
nominated solicitor believes the matter should not be progressed.
Is this backed up
anywhere else in your agreement?
Yes, this is taken a step further in clause 7.1
saying your case is on a "no win no fee" basis as below (please note
that "conditional fee agreement" is the legal term for "no win no
fee"):
"7.1 The nominated solicitor will act on a
conditional fee agreement save in the case of a Client resident in
Northern Ireland."
What's the difference
between Credit Issues and the Nominated Solicitor?
Credit Issues review your agreements to determine
if they are unenforceable, or there are PPI / extortionate charge /
secret commission issues , then they will on your behalf nominate
for you a solicitor to take your case to court (if it does ever get
to court) on a conditional fee basis (unless you are in Northern
Ireland).
You mentioned above that
the nominated solicitor is “no win no fee”, won't I have to
pay more money that you have quoted then if we do win?
No, you will only have a maximum of £1,000 to pay
on winning as stated under 'The Fees' on page 1:
"any compensation under the credit
agreements which is agreed or ordered or proposed and in any event
will not exceed £1,000"
This fully protects
you against being charged any other fees.
What if the case does go
to court and we lose, do I have any other costs to pay?
No, you will only have paid the front end fee and
there will be no further fees or costs to pay; this is backed up as
previously explained in A1 and where clause 7.4 says that you will
not have to pay your opponents costs:
7.4 In so far as the Client retains the
nominated solicitor and complies with the obligations of the Client
under clause 8 below, Credit Issues will indemnify the Client
against any and all contingent liability for the opponent's costs of
any claim prosecuted by the nominated solicitor.
Disputing information
You have a legal
right under the Data Protection Act 1998 and Consumer Credit Act
1974 to dispute the information we hold about you if you believe it
is not correct. We can only consider your dispute if you write to us
within 6 months of receiving your credit file. Most of the
information we hold is updated on at least a monthly basis,
therefore a credit file that is over 6 months old is likely to be
out of date. If your credit file is over 6 months old you must make
a new application for your credit file to check the accuracy of the
most up to date information we hold. When we send your credit file
to you we will enclose a Statutory Rights document entitled
"Schedule 1". This explains your legal rights in detail.
What is a Notice of
Correction / Dispute?
This is a 200 word statement
that you can add to your credit file, to explain any entry on it. If
you add a Notice of Correction to your credit file any organisation
accessing your credit file through the credit reference agency will
have access to your Notice of Correction. Please bear in mind that
if you add a Notice of Correction to your credit file, lenders
searching our database for information we hold about you are obliged
under the Guide to Credit Scoring to read your Notice of Correction.
This may slow down their decision of whether to offer you the
product/service you have applied for.
A Notice of Correction cannot be longer than 200 words long. Any
statement they believe to be defamatory, libellous, incorrect or
frivolous may be referred to the Information Commissioner for
arbitration.
How do I add a Notice of
Correction or Notice of Dispute to my credit report?
You must obtain a
copy of your credit file from a credit reference agency (usually
Experian, Equifax or Call Credit) before a Notice of Correction can
be added to their database. Once you have received your credit file
you may dispute information you believe to be incorrect. If they are
unable to amend the information you have disputed because it is
factually correct, you have a right to add a Notice of Correction to
your credit file. Please write to the credit reference agency used
citing their reference number and confirm the wording you would like
to add to your file. Please remember that the Notice cannot be
longer than 200 words long and must not be defamatory, libellous,
incorrect or frivolous.
If you have a particular
question that is not answered above, then please send it to us by
clicking on the following email address:
credit@scorpioconnect.com


Scorpio Connect Ltd is an Appointed Representative of
Credit Issues Ltd.
Credit
Issues Ltd specialise in consumer credit agreements therefore
ensuring the best possible assessments. Credit Issues Ltd is regulated by
the Ministry of Justice in respect of claims management activities.
See
www.claimsregulation.gov.uk
