Debt Management Plan Dispute2

[awaywithyoudebt]

Hi, I wonder if anyone can help me with this one. I’ve been a member of Payplan since May 2005 and have been advised by them to quit my membership (which I did today), as I’m about to go into dispute with my creditors, regarding further payments to them, ie added interests/fees. Please see the following, briefly outlining what I more, or less, wrote in my first thread:

 

“It's regarding a debt management repayment plan that I've been making to my creditors, via Payplan, between May 2005, to be completed by November 2008 (£12507.97 of debt to start with).

 

Presently I’ve been paying £296.05 pcm and last October, I only had £598.85 to pay off (approximately two more payments left). However, due to added interests/fees, my creditors are refusing to write off the accumulated debts of a further total of £2065.56, (insisting that I should continue to pay up until August 2009) while Payplan informed me that it's not within their power to get them to write it off, even though I was reassured by their customer services staff (before joining and during my early membership) that they can negotiate with my creditors for all my final payments to be written off or for it to be reduced by 80%.

 

I've since cancelled my standing order about three weeks ago, since I feel that I have more than paid off my creditors, long before joining Payplan (I've always paid on time and never missed a payment until now). I also feel that the creditors are very greedy and just want to cling onto me for as long as they possibly can. Already I’ve received my first threatening letter from one of them today and I’m sure I’ll soon be hearing from the other ones. In any case, I’m still

sticking to my guns

as I feel that what they’re doing is unfair/unjust."

I did seek out legal advice, but cannot afford the solicitor’s fees. I enquired about getting legal aid, but I don’t qualify as my salary, although it’s basic, would place me under the private clients' category since I have no dependents to pay out to, or own my own property. I’ve since been advised to try the Law Centre to see what they can do. I hope this information is helpful to you and thank you for taking the time to read it.

[cerberusalert]

You could send a SAR to each of your creditors which will cost £10 & they would have 40 days to comply. Among the things you should get back would be a copy of your agreement which if you scan and remove identifying details & then post up here we will be able to tell whether it is enforceable or not. Also you should receive back a list of all the charges which have been added with a view to reclaiming back those which are unfair.

[awaywithyoudebt]

Many thanks for your advice and I will get things moving. Sorry to bother you, but does this mean that once they've received my request, then all interest/fees could be put on hold for the time being?

[cerberusalert]

If these debts are for catalogues, credit cards or loans it may be quicker to send a CCA request. This will cost a pound & should be sent recorded delivery, they would have 12+2 days to respond to your request. If they failed to respond or produced an enforceable agreement within that time period you can then send an 'In Dispute' letter and withold any further payments as the account would in effect be frozen until the dispute was resolved.

 

If it was an overdraft you would have to send the SAR.

[wangster]

also get a SAR from payplan.in their notes it may say they agreed to do the write off for you at some point.sounds to me like they are now removing themselves from their statement about this.remember they are paid from your creditors for a % of the money you pay, so they prob dont want to do anything which rocks the boat.

 

obviously do the CCA requests anyway, but these guys also say they will do stuff and dont.

[awaywithyoudebt]

Thank you both for your help and, Wangster, I totally agree with you about Payplan trying to remove themselves from their statement - in fact they did claim in their final report, (sent out to me and FOS). that none of their staff had mentioned anything about writing off the remaining debts.

 

If it came to the crunch where I had no choice but to pay up, ie if the creditors take me to court and win the case, could I still send in the cca and the SAR?

[cerberusalert]

You can still send those requests yes, besides court action takes time.

[awaywithyoudebt]

Thanks again!!