DMP new boy need help!!

dutchbo

Hi there everyone! I'm new to the forum and would really appreciate the support and advice that you all give.

I started my DMP in June with PayPlan and hasn't been too bad up until now.

RBS - have been great and they have agreed to my offer. Fantastic!!
Mint - continue to add a late payment charge every month and interest. Not good
Natwest - continue to add a late payment charge every month and interest. Not good
HSBC - Hound me everyday and are demanding payment for my OD and arrears of my Loan. This would total about £2200!! - Terrible
Barclaycard - Worst of the lot. Have passed my debt onto Mercers who phone all day long and send letters threatening to send a DCA to my doorstep for payment!!

What do I do? I dont want this to happen!!!! But I can pay so what should I do?

I'm at my wits end. I cant think straight with the stress, i feel physically sick and have been having anxiety attacks. This is really really effecting me now. I literally cannot sleep with worry - hence why I'm sat up now at 2:18am!!

Can anyone help?

tealady

Hi. There is a letter somewhere that you can send to your debtors about harassment by phone. If you hang on one of the clever peeps on here will find it for you.

thefoolonthehill

HI

unfortunately this is pretty standard practice from the DCA's. Do as Tealady suggests. write to them and advise you will no longer speak to them over the phone and wish all correspondence to be in writing. also advise them that you do not permit them to visit your property.

In two or three months the hassle will die down a bit.

Remeber tho they cant have what you havent got.

With regard to the Interest and charges i am not an expert but i would write to them and remind them they will never get their money back if they continue to add charges and interest. pretty soon tho they will sell the debt to a DCA and they will not charge interest / charges. Have you tried to reclaim the charges?

suze72

Hi Dutchbo

My creditors also include HSBC and Barclaycard. Like you, HSBC hounded us day and night for months, until we sent a letter threatening to report them to the OFT/ombudsman (cant remember which) for harrasment.
They did carry on sending demands by post for a while, then referred us to their in- house collections dept, Metropolitan, who have been great.
All charges and interest have stopped so we are finally getting somewhere with them.
Barclaycard referred the debt to Mercers who also sent demanding letters, much the same as yours but thank god they didn't have our phone number! We completely ignored all of their threats and after a couple of months it stopped, and they froze all charges.

In all it took approx 6 months to settle down, which can feel forever, but my best advice to you would be to be strong and don't give in to their threats. Hundreds of people on these forums have been threatened with bailiffs etc but funnily enough they never seem to make an appearance!:rolleyes:

Have a look on the DMP mutual support thread as there are many of peeps on there with loads of good advice.

Good luck.x

Tixy

This letter should help (thanks to Fermi)



Quote:

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

We also notice the OFT have recently placed requirements on Mackenzie Hall Ltd. Specifically, that they and similar companies cease collection activity and enforcement while any debt remains queried or disputed. Should you ignore this requirement, a complaint with the OFT and other regulatory bodies will be raised.

Should you continue to demand payment or threaten legal action while this debt is in dispute I will report you to the OFT and Trading Standards.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other

dutchbo

Thanks all!

Thats made my head a little clearer!!!

Tixy is that letter not for someone having no knowledge of the debt? I realise i have a debt but i cant pay it.

I think i will start by sending out some letters.

Thanks again!

Tixy

Oops -sorry wrong letter will be back in a sec with the correct one!

EDIT

You want this one, but I would then add in the blue paragraph from the one above.


Harassment by telephone



Quote:

Your Street
Town
City
Postcode
DATE HERE

Company Name
Road
Town
City / County
Postcode


Dear Sirs,

Harassment by telephone

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,


(type don't sign)

dutchbo

excellent, thanks for that