Creditors still contacting you - debt management plans
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If you've got a debt management plan (DMP), you might find your creditors are still contacting you or asking for payment, even though you're making payments they've agreed to.
This page explains why creditors might still contact you and what you can do about it.
Why are creditors still contacting you?
There are a number of reasons why creditors might still contact you if you're in a DMP:
To send you regular account statements
Under the rules in the Consumer Credit Act 1974, your creditors will normally have to keep sending you annual statements as well as arrears and default notices in a set format. This happens even when you're in a DMP. Don't worry, as it doesn't mean there is a problem with your DMP. However, if you receive other letters demanding payment or threatening court action, you'll need to contact your DMP provider for advice.
You haven't had your DMP for very long
Some creditors might chase you for payment if you haven't yet made many payments on your DMP. You should tell your creditors that you're paying into the DMP that they've agreed to and ask if they'll stop sending you reminders.
They're chasing you for debts not in your DMP
Remember that a DMP won't pay off all your debts. Your priority debts, such as mortgage arrears or court fines, can't go into a DMP. You need to make arrangements to pay these debts first and still need to deal with these creditors yourself.
The creditor has refused to deal with the DMP provider
Sometimes a creditor will refuse to deal with a DMP provider. This could be because the creditor doesn't want to accept the reduced payments or sometimes it could be because they've objected to you using a fee-charging provider, which would mean there's less money to pay the debts you have with them. If the creditor doesn't want to deal with the DMP provider, they can still take action to recover the money you owe, which might include taking you to court.
If this applies to you, ask the creditor why they're not willing to co-operate with the DMP. You can try to negotiate with them yourself to see if they'll change their minds. However, they're not legally obliged to do so, so you might need to keep dealing with this creditor separately.
The creditor has made a mistake
The creditor might simply have made a mistake or not fully updated their records. If you think this is the case, ask the creditor why they're still contacting you, remind them that they've agreed to the DMP and ask them to update their records.
The creditor is doing something they're not allowed to do
A creditor is still allowed to contact you while you're in a DMP, but they shouldn't do any of the following:
making demands for payment in a way that is deliberately meant to alarm, distress or humiliate you, your family or your household, such as turning up on your doorstep threatening to take goods if you don't pay
contacting you too often or late at night
contacting you through Facebook, Twitter or other social networking sites
pressuring you to sell property or take out more credit to pay your debt
using more than one debt collection company at the same time or not telling you when your debt has been passed to another company
producing any document which looks like it's official when it isn't, or making false claims that a document is official when it isn't
pressuring you to pay in full or to pay more money than you agreed in your DMP
making threatening gestures or statements
threatening you with court action
If you think the creditor shouldn't be contacting you
While there are many valid reasons for a creditor to contact you while you're in a DMP, if they've agreed to the DMP they should accept the fact that you're making payments through it and keep contact to a minimum.
If the creditor is contacting you more than they should, you should tell your DMP provider. They might be able to negotiate with the creditor to stop contacting you.
If they're unable to do this, you can complain to the creditor yourself. Explain that you're in a DMP and ask them to stop contacting you. If this doesn't work you can complain to the Financial Ombudsman Service.
Next steps
Find out what to do if you're being taken to court for debt.
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Adolygwyd y dudalen ar 28 Mawrth 2021