DMPAY "default" ??

mlorrimer

Hi, anyone and everyone.
I'm new here, so if I've posted wrong or if something like this already exists, I do apologise.
Anyway, I'm here because my other half is having some trouble and we're unsure of where we stand.
So...
My partner had an account with Jacamo/JDWilliams. We were having issues with sorting out an agreement on repayments and somewhere along the line, they decided to sell the account to a company called DMPAY. We set up a monthly payment plan and have been paying, and thought that was the end of that.
In the few months that went by, my partners credit score took a nosedive and we couldn't work out why....
Well, until we came across a default.
So, on my partners file is a default from DMPAY the name also comes under Debt Managers Ltd. We we're surprised to say the least as we have been paying.
So, we did assume there was an error somewhere and sent a query off to Experian. We also decided to get in touch with DMPAY ourselves to cover all basis.
I have attached screen shots of the email we sent and the reply we received. I've also added in a shot of what the file says on his credit score.
I wondered if someone wouldn't mind taking a look and offering any advice, because to my knowledge it doesn't seem correct, but we honestly aren't sure.
Our arguement we want to respond with is;
DMPAY purchased the account from Jacamo/JDWilliams taking on the account, therefore it's now their account and the "default" is from them. But regardless, they have stated there's a payment plan in place and there is proof of payments, so how is the account in default??

Hope that all makes sense and someone can help. Any questions, I'll respond as soon as I can.
Thank you
Becky.

[Deleted User]

The account is in default because you're not making contractual payments.

Your payment plan will reduce the balance but you can't claim not to have broken the agreement.

sourcrates

Hi,

Unless you make the contracted repayments to your account, stipulated on your account statement, you risk defaulting.

You admit you were trying to make an arrangement to pay, so you should have been well aware of the actions a creditor could take, in response to that, your agreement states that you pay so much, on a particular date, in order to maintain your accounts good standing, any deviation from the agreement can result in the account being defaulted, and sold on.

That is what has happened here, we get a lot of posts, in very similar vain to yours, simply because the debtor does not know how a credit agreement actually works, or what the consequences are for not maintaining the contracted repayments.

The default is correct, and will show on your file for 6 years, regardless of how you now conduct your account, this is one of the reasons you are supposed to read the terms and conditions before you sign up for a credit account.

mlorrimer

Deleted_User said:

The account is in default because you're not making contractual payments.

Your payment plan will reduce the balance but you can't claim not to have broken the agreement.

Thanks for the response.
I want to agree, although I myself have the exact same debt from SimplyBe/JDWilliams (same companies) and the same payment plan set up with DMPAY when they bought the account, and my credit is not defaulted. I have attached a screen shot. It doesn't make sense for them to be different, no?

[Deleted User]

The other debt should also be defaulted.  Watch out for it being marked as late or in arrangement.  If they do that, ask for it to be defaulted instead.

sourcrates

mlorrimer said:

Deleted_User said:

The account is in default because you're not making contractual payments.

Your payment plan will reduce the balance but you can't claim not to have broken the agreement.

Thanks for the response.
I want to agree, although I myself have the exact same debt from SimplyBe/JDWilliams (same companies) and the same payment plan set up with DMPAY when they bought the account, and my credit is not defaulted. I have attached a screen shot. It doesn't make sense for them to be different, no?

Its getting more common for non defaulted debts to be sold on now as well.

Remember, defaulting is not an automatic process, its done at the creditors discretion, they should follow CONC guidelines, but do not always do so, long term, defaults are better, as they only stay for on file for 6 years, wear as arrangement to pay markers will stay for 6 years after the debt is repaid, so potentially a lot longer.

mlorrimer

Thanks for the posts guys.
Looks like he's stuck with it then
Just another thing though, if you look at his default.....
There is no account start date, surely there has to be one?
The current status is default / ended, but the account is active/open as he is paying?
And it states account settled with a date, but again the account is open with a plan in place?

Sorry if I sound daft we're totally clueless about this

sourcrates

mlorrimer said:

Thanks for the posts guys.
Looks like he's stuck with it then
Just another thing though, if you look at his default.....
There is no account start date, surely there has to be one?
The current status is default / ended, but the account is active/open as he is paying?
And it states account settled with a date, but again the account is open with a plan in place?

Sorry if I sound daft we're totally clueless about this

No the account is now closed, and the debt has been purchased by a debt collector, your original agreement ended when the account defaulted, you now have a balance still owing which is being repaid by an arrangement, the settled date is the date the account was sold.

You are mixing up a live credit account, with a closed defaulted one, on default your agreement ends, what ever went on before is now null and void, all you are left with is the outstanding debt balance which you settle any way you can with the new owner.

mlorrimer

Thanks again everyone
Now, instead of it defaulting until it's cleared, ( 16payments left   ) if he arranged to settle up with them, what would that do if anything to the account on file? I have an idea, but you know what assuming does!

mlorrimer

Anyone?