Marshall Hoares - Can they say this

RAS

Interesting threat.

It does NOT comply with the legal requirements for a default letter; even if the copy had been sent as a letter it would not be legally valid.

So if they register a default based on that message, challenge it as it is illegal.

billinghamfan

So I can complain to OFT?

paulmapp8306

Didnt you say you were on a DMP?? Is this debt not on the plan??

If it is - contact your plan administrators imediately and inform them of the contact/development.

If it IS on the plan - and payments are being made, then in for these twits that paymetns are being made in accordance with an agreed plan - give them details of you DMP company and reference number - and ask them to take the issue up with them.

billinghamfan

Hi Paulmapp8306

Yes it is on the plan.

However marshall hoarse/ndr/speed credit etc won't accept the plan apparently they can do that.

I have contacted CCCS about it but they just give me the same advised that I don't have to let them in etc etc and they won't contact them regarding the letters, emails and texts as they just send the offer letter and pay them dealing with them is up to me.

They are the only creditor that has contacted me since the DMP plan started.

awayinchina

Ok there are letter on this site revoking the right for them to call at your house without pre-arrangements also it also stops them from visiting do a quick search the other letter is on this site. Email it and send it recorded delivery. This is a standard escalation and counter action to you slapping them in regards phone calls.

billinghamfan

Hi AwayinChina

I have already sent this letter.

paulmapp8306

Well, any company CAN refuse the payment plan offered by a DMP comapny - however, ultimately CCCS (in this case) will continue to pay them regardless of that refusal and when the case comes up in court (not "up" on beiliefs but I believe they must go to court first?) the fact you are on a DMP - and with CCCS (or PP), the fact you are making regular payments (accepted or not) AND that all other creditors have accepted the plan will go heavily against them. I susspect they would be told accept the offer by the courts.

CCCS wont go to court for you - you would need to attend yourself armed with the facts - ie you have the plan agreed with CCCS and agreed with all other creditors and you have made an offer - and continue to make regular payments - towards this debt.

nottoolate

report to the oft etc. theyve broken half a dozen rules in that email alone

toothfairy and their many made up pseudonyms maskerading as bailffs and & collcetors just ignore you and keep sending out that drivel. best to just ignore them back and keep paying via you dmp no mater what

RAS

Write back and ask for a copy of their formal complaints procedure.

Make a formal complaint and copy that to the OFT.

Unless they offer redress (stop all comms except letters), make a complaint to the OFT.

Keep absolutely every communication from them and file them for future use.

Letters should not be registered post unless you want them signed for. It is cheaper and more effective to send two copies of the letter from different post offices, and keep certificates of posting. Courts assume that one copy will have been received two days after posting.

RAS

And if they go for a CCJ, please post the default letter here. Good chance it will fail if this is an example of their understanding of the law.