Really nasty debt letters

fishfingers29

I am disabled, lost a lot of disability benefits ( long Story) and have ended up in debt.
I contacted the CCRS consumer debt agency, and was reffered to a debt management plan. They have contacted all my creditors, everyone has agreed an amount and I am paying back so much a month. To be honest quite a lot of my benefits.
I pay every month without fail although this leaves me and my cats basically extremely short of money.
The debt management company has told me everyone is receiving their money.
The problem is I am getting REALLY NASTY LETTERS saying i have not paid , I owe them money, they are going to sue me because I have not paid.
they are going to send bailiffs around and alsorts.
But i have paid and never missed a payment through the payment plan.
One letter was threatening alsorts and is basically really worrying me, I am really scared that they will come around and take my possesions and furniture away.
One letter says that I have not paid threatening court action and will add £400 court costs, i barely have £4.00, let alone £400.
But the thing is I HAVE PAID I am paying I phoned up my debt management company who says no problem with the payments everything is fine.
I have been told that this is one their tactics to get the money back, ( the one who shouts the loudest) but I am paying the money back.

Surely they can't do this send nasty letters to a disabled lady in a wheelchair threatening when i have paid I am paying.
Isn't there any law protecting consumers in debt can the financial standards authority do something.

I showed a friend these letters, i have a big bundle of them they come every day but I am paying and she was very shocked at the nasty tone of these letters.
She has reassured me that I cannot be be taken to court As i am paying, they need a good reason to take me to court eg not paying.
And to be honest if I was taken to court, i would probably end up paying less money.
She has helped me write a letter to one of the well known high street banks I owe money to complaining about the nasty letters their debt recovery agents send but my letter sent recorded was totally ignored.
But I still find these letters distressing ( thats the idea I have been told to upset you so you pay more money )
I have been told by the debt management agency to ignore these letters send the letters to them and they will sort it.
It must cost these companys a lot of money to send these letters as well.

But surely there must be some rules that these debt recovery agencies must follow eg not harass clients who are paying.
thanks and i look forward to replys

10past6

Hello FF

Welcome to the forum, 2 things, first, send the following letter to each of your creditors by recorded delivery:

Write to the creditor informing them they are in breach of the OFT guidelines:
2.8 Examples of unfair practies:

C: Refusing to deal with appointed third parties, such as CAB, Independant Advice Centres, Money Advisers.

Contacting debtors directly, and by passing their appointed representatives, i.e CCCS, National Debtline, CAB, Payplan, etc, etc.

Make sure you send your letters recorded delivery, when you write, inform them if no reply is received within 7 working days, you will raise a complaint with the OFT.

Next, are you using a fee paying debt management company, if so why? you have no reason to use one, contact one of the debt free charities within my signature for further advice.

MrsTinks

Definitely use a free debt management charity instead of paying vultures.

Also ask them for proof of the payments to your creditors - sorry I don't trust most of these vultures further than I can throw them.

Why not do an SOA so that we can have a look at how bad things are?
http://www.makesenseofcards.co.uk/soacalc.html

Deep_In_Debt

If it did go to court then I expect the judge would look favourably on you as you are already paying what you can afford via a DMP. They are bullying you into paying more.

I also had a creditor tell me that they had not received my money although CCCS had been sending it to them, it turned out it was being credited to another account and they are probably just telling you that to get you to pay more, and I'm sure you can prove it if you have your statements from your DMP.

They can't take your possessions or furniture away so don't worry about that.

Write them the letter as per 10past6 suggestion and contact your DMP company to see if they can ask the creditors to stop harrassing you.

Not sure what else to suggest I'm afraid.

pepe2008

Just been poking around on the OFT website, reading these guidelines.
Fascinating.
ORIGINAL creditor is in breach Sect 2.8 (f) if they have passed on debtor info to DCA without prior, informed, consent.
2.2 (b) asking. or instructing debtors to contact via premium rate number.#
Take a look at ALL of Section 2.6!!
Section 2.8 ( d) contacting debtors directly and bypassing their appointed 3rd party representative!!!
Also according to Section 1.9 any creditor allowing a Collecting agent to use such methods ( and they would know about this because we should be telling them ) could have their Credit Licence revoked by the OFT!

There is a link if you search 'OFT'.
Good Luck,
I'm just about to prepare my paperwork mountain for 1st Credit who breach just about every section even though I have dmp with CCCS, who they are trying their best to ignore.....I think that i'll give them a couple of more calls so that the rope they use to hang themselves with gets longer.

Ames

As CAB said to me, your disability benefits are for your needs, not for paying debts. If you need that money for other things then you should put that before debt repayments, even if it means the creditors only get token payments of £1 a month.