Paying through PayPlan but now disputing some debts

[Bilgeman]

Need a bit of advice from anyone with experience of the following.

Before having my eyes opened to the existence of this site I contacted PayPlan in a last ditch attempt to sorty out spiralling debt problems. They were brilliant and got agreements with every single one of my creditors which I have stuck to rigidly ever since.

Now, however, it's become apparent that some of the debts, some of which have been passed on to DCAs and some not, include unlawful charges and I'm keen to approach them with ccas and put the amounts in dispute but I just wonder if it might all backfire and I end up being taken to Court over the valid debts in retalliation for challenging the unlawful ones.

One thing I haven't been able to find out reading through the threads is, if a DCA can't come up with the original signed agreement, are they able to sell the debt on or pass it back to the original creditor who may then come up with the agreement?

I just wonder if it might be as well to let sleeping dogs lie but at the same time I don't see why these people should get money from me to which they aren't entitled.

Thanks for any thoughts and info in advance

[Glenn UK]

Re claiming whilst in a DMP. As far as i can see there is nothing to stop you recovering any money in dispute.

I would suggest you continue paying the DMP without fail. This would make it practically impossible for them to do anything with respect to calling in your debts. I suppose they could go to the courts and ask for a court order for sending in the bailiffs but it wouldn't look good when they have already agreed to a repayment schedule to which you are sticking.

If they were to cite the claim for the return of unlawful charges, the court would laugh them out of court unless they proved their charges were in fact lawful IMHO.

and anyway if they did submit a claim against you, you would submit a counter claim for the charges.

If they are going to default you they probably already have and disputing the charges should have no effect.

You may like to speak with payplan on this, i haven't heard anyone say that payplan or CCCS have said don't do it, but its up to you.

HTH

Glenn

[Bilgeman]

Thought maybe sending this with the bit in italics for DCAs and left out for original creditors. With acknowledgment to the following thread from which I pinched some of it:-

Dear Parasites (only joking)

With regard to the above matter I have been making monthly payments arranged with the mediation of PayPlan for some time now.

As part of my ongoing efforts to settle my debts and get myself back on track I am requesting that you provide me with a copy of the original signed agreement relating to this matter. I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974. I also understand that it is your obligation to provide me with a statement of account. I enclose a £1 postal order in payment of the statutory fee.

Since you are a Debt Collection Agency could I ask that you supply a signed true copy of the deed of assignment of the above referenced agreement? This is, I understand, an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

I hope to hear from you within the statutory time limit.


http://www.consumeractiongroup.c o.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

[Glenn UK]

It seems you are going down the route possibly of disputing the debt in its entirety, and whilst you can do this is that what you are after?

If you want to reclaim the charges on your accounts then simply send them a S.A.R - (Subject Access Request) requesting the transaciotns and charges for the account history.

JMHO


Glenn

[Bilgeman]

I see what you mean. This, though, would have to go to the original creditor, would it not? Then comes the point I raise in my thread Barclays and First Credit which should probably be combined with this one, thinking about it. Thanks for the reply

[Glenn UK]

I see what youre getting at now, since i dont know the sums involved i guess it depends on how much they owe you and you owe them?

If they owe you more then write to 1st whatever theyre called and dispute the debt, then claim from the originator.

if its the other way round then i would claim the charges and if or when i had paid the moeny i owe would stop apying and sipute the debt.

Im no expert on any of this let alone debt collectors but i think you have to work out what the sisution is for yourself, then if you post poepl can help you.

HTH

glenn