I've reached a ridiculous situation with this outfit .

Under the agreed T&C's they may, subject to having given 28 days notice, change the T&C's. While there is no record of their having given any such notice, they have never-the-less changed the T&C's to the effect that failure on my part to complete an annual review entitles them to cancel the agreement

They now claim that I have cancelled our agreement, but there is no record that I have ever done so. On the other hand they have warned that unless I complete the annual review before some time in December they will exercise their right to cancel the agreement. But this raises the issue as to whether their failure to give the required notice had rendered the changes they had made to be without effect.

They say that completion of an annual review allows them to assess whether we can afford to complete the Debt Management Plan, and in doing so accord with FCA recommendations. Whereas I have argued that they are applying an overzealous interpretation of the FCA recommendations. In regard to which I note that according to an FCA enquiry "in some areas, an inaccurate interpretation or overzealous implementation of rules (such as those around data protection or affordability) is preventing firms from meeting the needs of vulnerable customers."

This is where it gets ridiculous. Under the agreed T&C's they may, subject to having given 28 days notice, change the T&C's. While there is no record of their having given any such notice, they have never-the-less changed the T&C's to the effect that failure on my part to complete an annual review entitles them to cancel the agreement

They now claim that I have cancelled our agreement, but there is no record that I have ever done so. On the other hand they have warned that unless I complete the annual review before some time in December they will exercise their right to cancel the agreement. But this raises the issue as to whether their failure to give the required notice had rendered the changes they had made to be without effect.

They say that completion of an annual review allows them to assess whether we can afford to complete the Debt Management Plan, and in doing so accord with FCA recommendations. Whereas I have argued that they are applying an overzealous interpretation of the FCA recommendations. In regard to which I note that according to an FCA enquiry "in some areas, an inaccurate interpretation or overzealous implementation of rules (such as those around data protection or affordability) is preventing firms from meeting the needs of vulnerable customers."

Hi and Welcome to CAG

Im not sure why you have started two separate threads on the same issue within a space of 5 mins.

Threads merged...please keep to one thread per issue.

Regards

Andy

They are a fee paying dmp

Dump them do it yourself for free

I bet 90% of your debts are paid to dca's anyway and are totally unenforceable anyway..

A dca is not a bailiff and have

ZERO legal powers

Sadly you are going to find very little of all the years you've been paying them has actually gone off the debts..

Dx

Hi and Welcome to CAG

 

Im not sure why you have started two separate threads on the same issue within a space of 5 mins.

 

Threads merged...please keep to one thread per issue.

 

Regards

 

Andy

Thanks for the welcome. I was getting repeated 'server errors' had to have several several stabs at sending the post. In the end lost track of where I was:smile: