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Is it time for a DMP or try to ride the storm?

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  • Its the "General Data Protection Regulations" there is no such thing as a "consumer contact act", I think you mean the "consumer credit act", but that does not reference anything in regard to contacting debtors.

    All you need do is quote the GDPR rules to them, regarding consent, they can be found here -

    Consent | ICO

    Removal of implied access notice can be displayed outside your property, or send by post or email -

    ira.pdf (allegedlydave.com)
    Thank you. Would you say the below would be a suitable email to send?

    Hello,

    I am currently in the process of starting a DMP. I will be making an affordable payment when I have this all set up.

    With regards to contacting me, under The UK GDPR, I can choose how I wish to be contacted. I do not give consent to be contacted or visited in person and I insist that the only way I want to be contacted is in writing or by email.

    I am also removing implied right of access to my property which is attached to this email.

    I have also sent a copy of this email by recorded delivery to your offices.

    Is the above sufficient or is there anything obvious that I have missed? Have I quoted correctly? Is there anything I have said that is unnecessary?
  • sourcrates
    sourcrates Posts: 31,494 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    That`s fine, pertinent, and straight to the point, looks ok.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • That`s fine, pertinent, and straight to the point, looks ok.
    Thanks for your help here. I have sent this now. Hopefully that will help with that.
  • lillypoo
    lillypoo Posts: 308 Forumite
    Fifth Anniversary 100 Posts Photogenic Name Dropper
    Thanks from me too.

    I got a letter from westcot yesterday which paraphrased, says in a slightly less blunt way : we know where you live. We've checked where you live. We will keep phoning, texting, writing AND MAKE ALL EFFORTS TO TRACK YOU DOWN

    LOL

    so I will be sending a very similar letter tomorrow

  • lillypoo said:
    Thanks from me too.

    I got a letter from westcot yesterday which paraphrased, says in a slightly less blunt way : we know where you live. We've checked where you live. We will keep phoning, texting, writing AND MAKE ALL EFFORTS TO TRACK YOU DOWN

    LOL

    so I will be sending a very similar letter tomorrow

    write back saying you look forward to receiving a Christmas card from them.
  • lillypoo
    lillypoo Posts: 308 Forumite
    Fifth Anniversary 100 Posts Photogenic Name Dropper
     :D  :D:D
  • Rob5342
    Rob5342 Posts: 2,417 Forumite
    1,000 Posts Third Anniversary Name Dropper
    lillypoo said:
    Thanks from me too.

    I got a letter from westcot yesterday which paraphrased, says in a slightly less blunt way : we know where you live. We've checked where you live. We will keep phoning, texting, writing AND MAKE ALL EFFORTS TO TRACK YOU DOWN

    LOL

    so I will be sending a very similar letter tomorrow


    I had a "notice of continued action" from one DCA, completely meanigless guff that they were trying to imply was a legal notice.
  • sourcrates
    sourcrates Posts: 31,494 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 23 October 2023 at 12:12AM
    It`s all completely useless guff you get from debt collectors, the only thing you should take any notice of is a properly formatted, and correctly issued LBA (Letter before action) nothing else they have to say matters. 
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • I have received the following email back from Lendable this morning:

    Thanks for getting in touch with us. If you are struggling with your repayments and need our help you may be able to do this quickly and simply online. 

    All you need to do is visit our online portal and answer a few questions. You only need your email address to login and it takes a few minutes to complete. In many cases, we can agree to a reduced monthly payment immediately, or we might need to review the information you give us.

    We can continue to support you through email, however, it would be quicker for you to use our online portal if it is appropriate for you.

    If you want to continue by email, please can you reply with the following information:

    Tell us if you are up to date with your priority bills like rent or mortgage, utility bills etc

    Confirm the reason for your change in circumstance and why you can no longer afford the full monthly repayment

    Tell us what payments, if any, would be affordable each month, and when you can start making those payments

    Let us know for how long you think you will need to make smaller payments

    Please note that any payment plan we agree will be reported to the credit reference agencies and may impact your credit score.

    Although we're always available to help where we can, there are also several organisations that can provide you with free, impartial advice and support during difficult times, including:

    StepChange Debt Charity – www.stepchange.org or phone 0800 138 1111

    The National Debtline – www.nationaldebtline.org or phone 0808 808 4000

    Money Advice Service – www.moneyadviceservice.org.uk or phone 0800 138 7777

    These companies are equipped to offer a range of resources, including; tailored advice around the rising cost of energy bills, budgeting tools to help with managing your expenses and guidance on alternative debt solutions to support you with your finances during this time.

    Kind regards,

    The Lendable Team

    I assume this is a standard default email response to an email like I sent? I also assume that they are trying to lead me down the route of sorting out a payment plan with them, which will put an arrangement to pay marker on my report? (Which I know I need to avoid).

    Obviously, I have kick started this by contacting them when ideally for a default, it would have been better to ignore. However, do I need to go back to this now and say something along the lines of 'I will pay what I can, when I can', or do I just ignore it? Also, does it seem they have taken the request re contact onboard?

    Thanks for the help as always.
  • sourcrates
    sourcrates Posts: 31,494 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    That`s a standard automated response.

    Did you also send a letter?

    Don`t bother following this up further.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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