Cancelled PayPlan DMP, sent SAR they split the £10 between cleared creditors

[cwab_sticks]

Hi,

 

This is a strange one, I'm posting here to see if a common problem.

 

About 6 months ago Pay Plan messed up my DMP by increasing payments to my creditors without contacting me. One creditors balance was cleared and PayPlan created a new payment plan without contacting me.

It turned into a gigantic mess so I sent a formal letter to Pay plan to cancel the DMP and started to self administer my DMP, as well as complaining about their mess up.

 

Got an email response, very poor response, and decided to get new SAR details to confirm the facts before making a formal complaint to them.

 

DSAR sent, no response. Searched through my files. When I sar'd them in 2012, same thing, I only got a response when I send LBA.

 

Last week I sent a SAR chase up letter, they claim not to have received the original letter, but will oblige with the SAR this coming week. I just though their DSAR department was incompetant, but then I got the shock of my life.

 

I opened a CC statement to find a pay link payment on there, why? My PayPlan DMP is closed.

 

Looked into my account, they have split the £10 fee for the SAR amongst my creditors!

The SAR was a formal letter, clearly detailing I wanted full disclosure etc, especially telephone notes (as they were also very naughty last year and lied to me!).

 

The best bit.......the have paid several creditors whose balance was 0!

 

Sheer incompetence.

 

Are play Plan covered by FOS?

Am I entitled to any compensation, as I now have to spend time contacting quite a few creditors (again) to sort this mess out. Last time I had to renegotiate with 9 creditors to set up DMP myself, with many of them several signed for letters, requiring new i&e's etc, so the costs have been mounting up.

Not what I need in the slightest.

 

Any advice would be welcome

CS

[citizenB]

I think you might need to speak to the Information Commissioner about this.

 

The £10.00 sent with the DSAR is a legal requirement - to mis use it in this way is well out of order. I think also a formal complaint to PayPlan's head office is in order.

[odetter]

You will also discover that in all probability most of your debts are unenforceable.

Payplan are sponsored by the Banks and Financial Industry and in my opinion have a conflict of interest concerning the administration of DMPs.

Self manage and send cca requests to each of your creditors.

Complaining to Payplan is in my experience unlikely to provide any remedy, you'll just receive a standard response.

[cwab_sticks]

Hi,

Well it gets better!

I still have access too 'payplan account', so had a look, There's are message saying the plan will be cancelled within the next 10 days, quite shocking as they responded to my 'cancel' letter at least 4 months ago.

 

More shocking is that after I cancelled the DMP, not only have they split the £10 SAR between creditors, some of which had a zero balance but they have also resent increased offers to one creditor, 2 accounts which

(A) how can payplan even contact creditor to increase offer when account is cancelled

(B) the creditor having already confirmed 'payplan' is removed from my account, appears to have accepted correspondance with payplan (without any communication to me) and has now sent arrears notices etc!

 

This is turning into more of a mess, now my CRA will be trashed with late markers, after nearly 8 years of DMP. The account concerned will not drop of CRA for a while yet (problems getting them defaulted at start of DMP).

 

I appreciate this is a ICO issue, but as originally asked does anyone know if this is a FOS issue too?

I am out of pocket already for the initial mistake by payplan, leading me to cancel the DMP I the first instance, but they have since not implemented cancelation letter, split £10 SAR between creditors and then approached creditor with new payment plan when they really shouldn't have. There are issues here with both the creditors actions and payplan!

COBS - unfairness and DPA failures by creditor, but do these rules apply to payplan?

 

Anyone know?

 

Ps thanks for the previous advice guys. I will be complaining to ICO re Data protection issues but I am so I really want to take it further.

 

CS

[citizenB]

You can and should make a formal complaint to PayPlan's head office. Pretty much advise what you have told us and ask them to resolve this.. swiftly.

[sequenci]

Payplan are sponsored by the Banks and Financial Industry

 

I don't think they are sponsored by any bank or financial institution. If you have a source for this information would you mind sharing it? I'm not trying to defned what they've done mind you - it's pretty shocking stuff.

[cwab_sticks]

Hi,

 

Thanks for advice, I am just waiting on SAR provision, I called yesterday (after having spoken to the SAR department last week) and the bundle should be delivered tomorrow. It'll be quite interesting to see what's in there.

The SAR team, upon receipt of SAR chase up letter, claim not to have recived the original SAR and payment, so it will be interesting to see how this will evolve.

 

Luckily I took a photo of postal order attached to the front of the SAR request, something I always do since my G/F had issues with misappropriation of CCA payment by a DCA a while back.

 

I'll keep the thread updated incase others have the same issues.

 

Thanks

CS

[silverfox1961]

Hi

Payplan are in the doo doo. They cannot claim to have not received your Postal Order yet split the payment! Methinks they know they have cocked up and are trying to extricate themselves.

[odetter]

I don't think they are sponsored by any bank or financial institution. If you have a source for this information would you mind sharing it? I'm not trying to defned what they've done mind you - it's pretty shocking stuff.

Google their "sponsors"

[sequenci]

Google their "sponsors"

 

They are a commercial firm, they don't have 'sponsors'. Hope this clarifies the position for you.