creditor refusing to communicate in writing

princess18

i've been quite successful so far in communicating with creditors in writing either via post or email so that i have record of all thats said.
however, i'm finding payday express are refusing to discuss anything with me in writing and will only communicate over the phone. this scares me as i'm well aware i have nothing to then back up what was said and agreed etc.
i've received an email back saying they will only deal with me over the phone or will continue adding interest and pass it on to debt recovery unless i ring them. what do i do if they really wont address the issue in writing?
is there anyway i can protect myself?

shedhead55

Extract from OFT guidelines on debt collection practices, section 3.3 part k:

3.3 Examples of unfair or improper practices are as follows:
k. Ignoring or disregarding debtors' reasonable requests in respect of when, where and how to contact them.

A request to communicate in writing is obviously perfectly reasonable so a refusal is a clear breach of the OFT guidelines.

My suggestion is that you write to the company pointing this out and stating that that if they do not comply then you will be reporting the matter to the OFT and furthermore that unless they agree to communicate only in writing within 8 weeks you will be referring the matter to the FOS.

princess18

ok, thank you

happy_bunny_2

Make a complaint, in writing, signed for.

point out the above advice given.

Hard to ignore a complaint as you can take to Ombudsman if they do as well as report to OFT.

princess18

Hi,
still not getting anywhere with payday express. i write them an email and get a generic answer about ringing them instead. so i email them back and say i wish to be contacted in writing in accordance with OFT's guidelines, and they say yes fine send us your SOA, which i do. then i get the email about ringing them again and we go round in circles. i've had a letter from them today which was a notice of default sums and telling me they will add the cost of sending letters to my account. and again telling me to ring them. i've rung them twice and they really applied the pressure so i dont feel comfortable ringing again, i need to have proof in writing. i posted them my SOA and a letter of repayment offer but they seem to be ignoring it and are more interested in getting me to ring them than to look for a solution (i can understand why). they are also ringing me a good 8-10 times a day and texting me to tell me i havent made contact (which i have) and thay my account will be passed to a DCA if i dont contact them?? not really sure what to do about them now??

shedhead55

I would suggest you write to them pointing out that they have 8 weeks from the date of your initial complaint to resolve the communications method issue after which you will refer the matter to the FOS for a ruling.

If in the mean time you are contacted by a DCA you should state that the matter is in dispute with the creditor and until resolved (by the FOS if necessary) they may not engage in any collection activity.

princess18

am i in my rights to do that? thank you very much for your advice by the way, you've been most helpful

fermi

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/81/81-debt-collecting.htm

We told the business it should have respected Mr D’s request not to contact him by phone.

shedhead55

princess18 wrote: »

am i in my rights to do that?

Absolutely. The OFT guidelines on both the communication method issue and the suspension of collection activity on disputed accounts are clear.

As you can see from the link that Fermi has posted the FOS does take the OFT guidelines rather more seriously than some businesses do.

tallyhoh

After an operation I have hearing difficulties, particularly on the phone. I always communicate with people by letter or email & state that I will not phone them because of this. Its astounding the amount of replies I get saying thank you & if I have any further problem please call us on the number above...........

Asking people to only communicate by phone is blatant discrimination.

eyeopener2

Payday Express are useless scumbags, take it from one who has had dealings with them in the past.

The only thing you can do is make a complaint as stated above.

If your really lucky you will get their "legal" representatives Keyes, Whitlock and Muppets - possibly from Fiona - who can't answer a simple question or read emails either.

Stick to your guns, make the complaint and you will probably get passed to a DCA called Mackenzie Hall who were fine to deal with.

Do not let them bully you, you will win (and pay only what you can afford) but you have to be strong.

E2