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Are They Breaching The Contract?


matteus
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I've had an agreement with StepChange (aka CCCS) with all my creditors for nearly two years. However, I've got two creditors who've been receiving payments through my plan, but they've suddenly withdrawn from the agreement without warning and are now pursuing me for the full amount. Is this legal or have they breached the contract I had with them through StepChange?

One of the creditors that is involved have done this twice and I'm unsure what to do. Would I be in a position to refuse paying them for obstruction of payment?

 

Any advice received I would be very grateful :)

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Hi

Can't answer whether they have breached any contract as it is outside my area but I do think that as they don't have to accept the DMP, maybe not.

 

What I would be doing is raising a formal complaint with each one and remind them of their obligations under the OFTs Debt Collection Guidance.

 

Another thing I would do is ensure that you send StepChange what you owe to the other creditors without these two and send their payment direct. What can they do? Not a lot

 

Do any of these debts have charges?

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Hello there. The DMP is an informal agreement, so whilst there is an agreement of sorts I'm not sure there is a great amount you can do other than complain. As Silverfox has mentioned they are likely to be in breach of the OFT Debt Collection Guidance. They are also likely to be in breach of the Lending Code. You could ask for a copy of the creditor's formal complaints procedure with a further complaint going to the FOS if the creditors do not play ball.

 

Who are the creditors out of interest?

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