PayPlan added creditor without consent

[Hombreviejo]

Hi, I have been contacted by ARC Europe chasing an old Lloyds credit card debt defaulted in Oct 2006. I am currently paying off other debts through a DMP with PayPlan. In Sept 2012 PayPlan accepted a request from Arrow for this debt to be added to my DMP without my knowledge. I noticed the difference in payments and immediately contacted PayPlan who then apologised and removed this debt from my plan. It now transpires that PayPlan made a single payment of £52 towards this debt without my consent or instructions. I have sent ARC a Statute Barred letter which they have disputed due to this single payment of £52. Am I correct in assuming that this payment has blown my Stb'd defence? Is it worth a CCA request as this debt has obviously done the rounds or am I going to have to take a hit on this one. DMP has been running successfully for 5 years with 2 to go. IVA or bankruptcy is not an option. Any help gratefully received on how to stall proceedings while I try claiming PPI

[Kati]

Re: PayPlan added creditor without consent

Hi Hombreviejo sorry this was missed ... I'll tag [MENTION=48934]Debt Camel[/MENTION] and [MENTION=55034]nemesis45[/MENTION] so that they can advise you.

I believe (correct me if I'm wrong)that for a payment to be used to stop the SB'd clock it has to be made BY you or with your KNOWLEDGE/CONSENT at the time ... if payplan didn't ask you first (and you can prove that) then IMO you should be OK. As payplan took the debt off your DMP they must have known they'd added it incorrectly, did you get the apology in writing? It might be an idea to send off a SAR request to payplan (you'll get all the data they hold on you and might find something that shows you didn't know they'd added this debt to the plan) :noidea:

[nemesis45]

Re: PayPlan added creditor without consent

Hi Hombreviejo sorry this was missed ... I'll tag @Debt Camel and @nemesis45 so that they can advise you.

I believe (correct me if I'm wrong)that for a payment to be used to stop the SB'd clock it has to be made BY you or with your KNOWLEDGE/CONSENT at the time ... if payplan didn't ask you first (and you can prove that) then IMO you should be OK. As payplan took the debt off your DMP they must have known they'd added it incorrectly, did you get the apology in writing? It might be an idea to send off a SAR request to payplan (you'll get all the data they hold on you and might find something that shows you didn't know they'd added this debt to the plan) :noidea:

Correct Kati !!

nem

[Kati]

Re: PayPlan added creditor without consent

Would a cca request to ARC be worthwhile [MENTION=55034]nemesis45[/MENTION]??

[nemesis45]

Re: PayPlan added creditor without consent

Hi, I have been contacted by ARC Europe chasing an old Lloyds credit card debt defaulted in Oct 2006. I am currently paying off other debts through a DMP with PayPlan. In Sept 2012 PayPlan accepted a request from Arrow for this debt to be added to my DMP without my knowledge. I noticed the difference in payments and immediately contacted PayPlan who then apologised and removed this debt from my plan. It now transpires that PayPlan made a single payment of £52 towards this debt without my consent or instructions. I have sent ARC a Statute Barred letter which they have disputed due to this single payment of £52. Am I correct in assuming that this payment has blown my Stb'd defence? Is it worth a CCA request as this debt has obviously done the rounds or am I going to have to take a hit on this one. DMP has been running successfully for 5 years with 2 to go. IVA or bankruptcy is not an option. Any help gratefully received on how to stall proceedings while I try claiming PPI

Hi,
[MENTION=49370]Kati[/MENTION] is correct, for a payment to be considered an admission of liability it must be paid by the debtor personally or by a properly authorised 3rd Party.

Here PayPlan has acted without authority and you must raise a "Formal Complaint " with them about the payment requiring them to state that the payment was unauthorised.

Also another Formal Complaint to Arrow Global regarding their unauthorised contact with PayPlan and requiring the £52 to be refunded.

I'll try to find a " name" at AG to write to. I can assist with letters if you wish.

nem

[Debt Camel]

Re: PayPlan added creditor without consent

DMP has been running successfully for 5 years with 2 to go. IVA or bankruptcy is not an option.

Well obviously not - unless this Arrow debt is HUGE!

When did you last make a payment to it?

[Hombreviejo]

Re: PayPlan added creditor without consent

Hi there, thanks for the reassurance guys. Firstly, apologies for late reply, I thought you guys had bigger fish to fry so I sent a reply to ARC off my own back stating that I had not paid or authorised anyone else to pay any monies to this account, nor did I acknowledge the debt. I added a CRA request with a £1 postal order.
Secondly, I will contact Payplan tomorrow to seek a refund and letter of acknowledgement that the payment was made without any authorisation.
Finally, the DMP is for a personal loan which was defaulted in 2006 but following CAB advice in 2010 I started managing. This Arrow debt was originally a Lloyds CC for £3000 which has manifested into a £7000 ARC debt - funny that eh!
PS. After reading Debt Camel's PPI advice I have registered a complaint with the original lender of the personal loan as I was self employed at the time. They have acknowledged PPI was sold and that any compensation will put towards arrears.
Registering on LB has been a revelation.
Many thanks, I'll update when I have news.
H.

[Hombreviejo]

Re: PayPlan added creditor without consent

Just to confirm, AG definitely contacted Payplan without any consultation with me.
Payplan then added the debt to my plan without consulting me. The debt was removed immediately once I realised and contacted them. No refunds have ever been made.
H.

[Hombreviejo]

Re: PayPlan added creditor without consent

Hi Kati and Nem, I have raised a formal complaint with PayPlan. Initial feedback from them over the phone is that they have an authority to act and that they sent me an email with a 7 day deadline to reply. I have disputed this and I am currently checking paperwork to review this ' Authority to Act'. An SAR was mentioned in previous replies, what is this and is there a template in the forum? AG and ARC Europe both state that the other is dealing with this account and that they will pass my requests to each other - bizarre!
Many thanks,
H

[nemesis45]

Re: PayPlan added creditor without consent

Hi Kati and Nem, I have raised a formal complaint with PayPlan. Initial feedback from them over the phone is that they have an authority to act and that they sent me an email with a 7 day deadline to reply. I have disputed this and I am currently checking paperwork to review this ' Authority to Act'. An SAR was mentioned in previous replies, what is this and is there a template in the forum? AG and ARC Europe both state that the other is dealing with this account and that they will pass my requests to each other - bizarre!
Many thanks,
H

Hi, a SAR is a Subject Access Request made under the provisions of the Data Protection Act 1998 it requires the recipient to supply all the Personal Data it Holds on the data subject.
There is £10 statutory fee for this. Template in the forum library.

However is your intention is to send SAR's to debt purchasers you should be aware that they will
have only the barest minimum of data in fact only the very barest details supplied when they acquired
the debt i.e. Your name, address. contact details and the details of the debt.

nem