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Newbie needind help/advice


Holly443
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Hi

I hope someone can help me..... my husband and I are on a DMP with Payplan have been since March this year. Everything is running fine with DMP, but my husband is now getting letters from debt collection agencies asking for the full amount to be paid or legal action will be iminant !! The letters are getting more threatening but are still computer generated.

I have sent copies off today to our payplan adviser but thought i'd ask on here as i have found alot of useful info before on the forums.

I am just concerned what action may be taken against us, we are paying what we can afford on the DMP, surely this should be taken into account if any court action were to follow.

we have started to recieve call on home number and mobile from a company called DCL, dont answer the calls though just let it ring...

 

I have received a letter saying my MBNA debt has been taken over by Experto Credite, does anyone have any experience of these ??? Starting to get a bit worried, I have to deal with everthing my husband has depression so everything falls onto me.

 

We do own our own house (mortgaged)

 

Thanks to anyone who has any advice or experience to share with me.

 

Holly443

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Have you spoken to whoever manages your DMP as I would assume they should be dealing with all correspondence.

 

With regard to telephone calls you could send them this:

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

 

Contact your DMP administrator and let us know what they say, then we can advise from there.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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