Creditors ignoring DMP

starsky365

Im only 4 months into a DMP but a couple of my creditors are just ignoring it and sending me statements with charges that are greater than the payment Stepchange are giving them each month.

Does this happen often? what should I do? just wait until they realise accepting the payment from SC or call them to remind them of the lending code?

A couple have outright lied and said they'd no contact from SC and there's no arrangement in place

tulip28

Hi

Send all your statements to SC with a covering letter with your reference.

Call your creditors and explain (maybe you have already done this? sorry if you have) but call them again and explain about the DMP with SC and request they no longer contact you. If you do receive any more letters after this then tell them you will seek legal advice as that is harassment.

Im not sure of the legal ins and outs - that might scare them off a bit! x

Tixy

Hi starsky.

Presumably these statements do show the payment from stepchange being recevied each month?

Do you know if each of the creditors have issued a default yet?

Some creditors won't stop interest until they issue a default, and some won't do that for a few months, so it could still settle down on its own. Of course creditors won't always agree to freeze the interest at all.

However as the interest exceeds the monthly repayment on some then for any that are members of the lending code you could write to them and point this out and ask them to reconsider freezing interest.

National_Debtline

Hi starsky

This is a good example of creditors arguably flouting the Office of Fair Trading guidance on debt collection practices, more specifically 3.9 (c):

c. refusing to engage, appropriately or at all, with a third party representative, such as a debt adviser at a free advice centre or a debt management business, or with a debtor developing his own repayment plan, unless there is an objectively justifiable reason for doing so

Personally I'm not a big fan of calling creditors as opposed to emailing/writing - in this particular case, their behaviour so far suggests you may simply be fobbed off again. By all means make a complaint about their behaviour and apparent refusal to engage with SC, but it’s worth asking SC themselves for help with this.

Good luck

Dennis @ NDL

Hanky_Panky

National_Debtline_representative wrote: »

Hi starsky

This is a good example of creditors arguably flouting the Office of Fair Trading guidance on debt collection practices, more specifically 3.9 (c):

c. refusing to engage, appropriately or at all, with a third party representative, such as a debt adviser at a free advice centre or a debt management business, or with a debtor developing his own repayment plan, unless there is an objectively justifiable reason for doing so

Personally I'm not a big fan of calling creditors as opposed to emailing/writing - in this particular case, their behaviour so far suggests you may simply be fobbed off again. By all means make a complaint about their behaviour and apparent refusal to engage with SC, but it’s worth asking SC themselves for help with this.

Good luck

Dennis @ NDL

Nonsense Dennis.

There's absolutely no evidence from the OP at all they are refusing to engage with his representative, they're just claiming not to have heard from some of them. All they are doing is sending him a statement each month with charges greater than the amount he is paying which is (I believe) the crux of his complaint based on his incorrect belief.

rizla_king

Stepchange will have written and made offers the same as other creditors. If they are saying they haven't, then they are telling fibs and are breaking OFT guidelines as NDL says.

Santander and a few others are the worst at this. They just tell complete porkies.

starsky365

Just to Clarify, The payments that step change are making are showing up on the statements but they are saying there is no agreement. Ive tried calling them but all they say is you need to speak to step change and of course step change say, there is an agreement and they are making payments.

I have one in particular that is still charging interest and other charges after a default notice has been issued.

National_Debtline

Hanky_Panky wrote: »

Nonsense Dennis.

There's absolutely no evidence from the OP at all they are refusing to engage with his representative, they're just claiming not to have heard from some of them. All they are doing is sending him a statement each month with charges greater than the amount he is paying which is (I believe) the crux of his complaint based on his incorrect belief.

Hi HP

OP refers to a couple of creditors claiming to have had no contact with/from SC (I make here the reasonable assumption that SC have indeed contacted all the creditors). Hence my suggestion that they are "arguably" flouting certain aspects of OFT guidance. I am looking at ways we can improve OP's chances of getting all creditors fully on board i.e. freezing the debts as well as accepting the payments, and highlighting such behaviour is one of them.

So we are possibly referring to differing aspects of OP's original statement.

Dennis

Hanky_Panky

National_Debtline_representative wrote: »

Hi HP

OP refers to a couple of creditors claiming to have had no contact with/from SC (I make here the reasonable assumption that SC have indeed contacted all the creditors). Hence my suggestion that they are "arguably" flouting certain aspects of OFT guidance. Claiming they have not heard from Stepchange is not the same as refusing to deal with them which is what you are trying to assert so there is no 'arguably' about it. They aren't on the evidence we have so far.

I am looking at ways we can improve OP's chances of getting all creditors fully on board i.e. freezing the debts as well as accepting the payments, and highlighting such behaviour is one of them. Excellent. Can't see that you have actually suggested anything that may help other than getting back in touch with Stepchange.

So we are possibly referring to differing aspects of OP's original statement. Really?

Dennis

Since my post the OP has added more confirming that the payments are appearing but the payments are not agreed by the lenders.

My question: OP - Have Stepchange confirmed that all the payment arrangements have been agreed ? This is often where they can fall down. SC send out an offer letter and assume that an arrangement has been agreed without ever confirming it. Also, why won't the lenders talk to you ? Seems bonkers !

rizla_king

starsky365 wrote: »

A couple have outright lied and said they'd no contact from SC and there's no arrangement in place

Stepchange should help you make a formal compliant, and then take it to the FOS if needed. Same with the ones messing you about in other ways.

eyeopener2

OP, personally I would complain to the creditors involved or even just ask them, in writing, for a copy of their complaints procedure. Sometimes they magically find out that they have had contact from stepchange.

Complain and complain again.