I'm sitting here devastated!

RAS

Hi

It is against OFT Guidelines to refuse to deal with the debtors chosen representative.

or to bully them by taking advantage of their lack of knowledge of the law.

sammy115

don't panic!

They can't 'fast track' court action - they have to apply to the court and file a claim...the court then write to you and ask you to defend the claim - if you defend the claim it goes to court and a judge decides what you owe....there is no fast tracking.

Personally I would pay these people outside of your dmp with payplan. Tell payplan you will pay them direct and send them a cheque or a postal order every month for the amount you said you could afford to pay.

Then write them a letter. Ask them for a breakdown of how the balance is made up. Tell them that you are in a dmp with payplan and that you can afford x amount. that you have requested their bank details but they have refused to give them to you. Tell them that you will pay them x by cheque.

I would leave it at that..send the letter recorded delivery and keep a copy. If they get nasty let them take you to court. I certainly wouldn't pay them any more than the original outstanding debt to be honest......and if it went to court I am sure the judge would not look favourably on their actions...

dumb_luck

They are refusing to take any payment from me whatsoever in instalments and if I wish to make a payment it must be by card??? Like seriously I'm going to give you my card details!!!

I have written to them 3 times, I have saved all companies as they will only accept and respond to emails or calls- it's all a bit dodgy. I kinda hope they bring me to court, despite the embarrassment of it all- while it'll be embarrassing, PayPlan have been setting the amount I can afford to pay back aside each month and at least the judge will be able to see I've been trying to do my best. I also don't think a judge is going to like a company who more then doubles the amount you own them in 3 months... I think I remember a case about it on TV a while back...

Burlesque_Babe

how about setting up a standing order? You control the amount each month and it means they are getting a regular payment. You can set it up at your bank as long as you know your account number with them.

dumb_luck

I'd love to set up a SO but they won't give me their bank details, I think they want no evidence of any payments being made- TBH if they gave me their Bank details the first people I'd hand them over too are PayPlan and that's the last thing SDC apparently want...

RAS

Please talk to Payplan about your options, but would sending a cheque (possibly from Payplan?) to them recorded delevery be an option?

dumb_luck

RAS I have talked to PayPlan- fair enough I was crying so I may be missing some of the details, but he was lovely and spent around 10 minute trying to get me to spott cryiny (I'm mortified) He reminded me that a company cannot be forced to accept a DMP, that they usually reffer he matter to a DCA, but as this company seems to be AWOL on normal reactions that if the persue me for bankruptcy that they could reassure me that PayPlans legal team would be there for me. He then wished me a lovely weekend

JES_F1

Having read your post, just wanted to say hello :hello:

Don't let these [bleep bleep] bullies get you down, though I know it's easier said than done.

Just reading the great advice and support on here always makes me feel better.

Wishing you all the very best and hope you can enjoy a lovely weekend.

moneysavingplumber

I remember DCAs telling me they 'wouldn't accept' my pound a week token payments, strange that when I sent the cheques they still cashed them!

Like RAS said, send it recorded delivery then at least you have proof that you have tried your best should it go to court.

Deep_In_Debt

Just read your post and want to offer my support.

These guys are total *@!&"* (excuse my language!) As others have said, they can't have what you don't have. They are just bullying you in the hope that you will pay up. They probably know that if they try and take you to court, then the courts will look favourably on you as you are trying to pay them, so they are trying to threaten you into paying.

I know it's easy for me to say (believe me, I've been where you are) but try not to worry and enjoy your weekend and don't let these *bleeps* grind you down as that is what they want.