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Debt Recovery Plus already in payment plan.

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  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Jay8705 wrote: »
    Essentially that i’d Be taken to court if the payment wasn’t arranged.

    DRP had no right to say that as it is not their debt and never will be

    So you were harassed and coerced into believing something that might never happen
  • onlyfoolsandparking
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    beamerguy wrote: »
    NO ... in the same bill it says

    Aggressive commercial practices
    The 2008 Regulations make aggressive practices unlawful (see regulation 7). Whether a trader has behaved aggressively is a question of fact, and depends on whether it
    significantly impairs or is likely to significantly impair the average consumer’s freedom of choice. It covers the use of harassment, coercion or undue influence.


    This is what is called DRP, ZZPS and DCBL and the other joker debt collectors who pop in and out.

    The OP no doubt had his freedom of choice impaired with threats


    Oh I absolutely agree with you Beamer and the Law is the Law, problem is though the way I see it is PROOF, if the debt dummies tried their BS with some hotshot Barrister (Judge Rinder?? :D) they would get rinsed BUT with us ordinary joe public they know they can get away with their threats, even if someone took them on in court they would deny everything, produce loads of BS evidence on their 'good conduct' 'best practices' blah blah blah show the Judge their recordings which of course would be edited to make them sound like the Queen giving a Knighthood, show they really care for their customers, its all BS but.................what can us mere mortals do??
  • KeithP
    KeithP Posts: 38,177 Forumite
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    beamerguy wrote: »
    KeithP wrote: »
    As onlyfoolsandparking has said, by actually paying DRP some money according to a plan, you have agreed to terms of an agreement.
    Sorry Keith, not if he has been harassed and coerced by false facts

    Let's see what they actually told the OP
    Rather selective quoting there Beamer. ;)

    My next sentence was essentially agreeing with you:
    KeithP wrote: »
    I believe your only hope is to look further into the suggestion made earlier by Castle - about misleading and aggressive commercial practices.
  • Jay8705
    Jay8705 Posts: 28 Forumite
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    So do I take the risk and not make any further payments? See with what they respond?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    but.................what can us mere mortals do??

    Tell you what mere mortals can do, state the law ...

    "Aggressive commercial practices
    The 2008 Regulations make aggressive practices unlawful (see regulation 7). Whether a trader has behaved aggressively is a question of fact, and depends on whether it significantly impairs or is likely to significantly impair the average consumer’s freedom of choice"

    DRP has said "no payment" you will go to court ??

    DRP has no power to even suggest this, and this alone has impaired the OP's freedom of choice.

    If this was me, (of course I would never deal with idiots like DRP)
    I would cancel the direct debit on the basis of the above
  • onlyfoolsandparking
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    Jay8705 wrote: »
    This conversation took place some time ago, but essentially I was told that court action would be taken against me, I argued that I couldn’t afford the amount requested, I was offered the payment plan as a final and only offer over a period of 12 months.


    Did you get any of this in writing? if yes then you would have PROOF of their unlawful activity. If no then I'm afraid its your word against theirs, tough one to prove in Court unless you have plenty dollars to hire OJ,s lawyer.
    beamerguy wrote: »
    DRP had no right to say that as it is not their debt and never will be

    So you were harassed and coerced into believing something that might never happen


    Again your right Beamer they definitely don't have ANY right to even infer that but we all know their MO, I don't know how or what action could be taken though against DRP without some sort of written proof/evidence.


    Be nice if a Barrister took this on for moral reason/s on an Ad Hoc basis, trouble is Debt Dummies would probably try and buy him off they make enough money to do that :(
  • loweandbehold
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    Just called DRP, calls are NOT recorded
  • Jay8705
    Jay8705 Posts: 28 Forumite
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    Would this debt appear on my credit file? I’ve never seen it on there at all, which would suggest there is no formal agreement?
  • KeithP
    KeithP Posts: 38,177 Forumite
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    Just called DRP, calls are NOT recorded
    Just curious Loweandbehold, but how can you tell whether a call is being recorded or not?
  • Jay8705
    Jay8705 Posts: 28 Forumite
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    Thank you all for all your responses they are very much appreciated, I’m airing towards not continuing with payments as I don’t actually have a written agreement with them, and felt pressurised to make these payments.
This discussion has been closed.
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