What personal information are creditors allowed to request?

[stadium_arcadium]

Hi all, I have a mate who I've been helping to sort her debts out. After sending a letter to reduce her payments, Mint have asked for 'proof' of her circumstances before they will agree to a reduced payment.
She is quite willing to send them an expenditure sheet, but they also want proof of her husbands incapacity and any other benefits, and letters from her other creditors stating the payments she is making to them.

My initial reaction is, apart from the expenditure sheet, they don't need this info. Is that correct? Could someone give me clarification please

Thanks in advance.

EDIT: I just realised I've put DCA in the title...when in fact she is (at the moment) dealing directly with Mint.

[diskmandave]

If alleged debt is in her sole name husband doesn't come into it IMHO.

Also if in sole name, they won't have permission to process husbands data will they... ?

Has she CCA'd them?!

Regards, Dave.

[stadium_arcadium]

Hi Dave, thanks for the swift reply. I really should have asked her more before I posted this, d'oh.....the debt is her hubby's name.

[PriorityOne]

If the account is solely in hubby's name... then any financial info. supplied should be his and his alone. Anything else is none of their business.

[stadium_arcadium]

Dave, no she hasn't CCA'd them, but she is so peed off about their actions I think it is her next step

Hi PO, so do you think they have a right to see proof of his incapacity benefit? She didn't give me the exact wording but says it reads like they are asking for a copy of his sick note. They aren't willing to do this as it costs £9, money they can ill afford. I will post up the details later, as she has gone home now.

Thanks to whoever changed the thread title!

[Janet-M]

Thanks to whoever changed the thread title!

your welcome

[rory32]

If alleged debt is in her sole name husband doesn't come into it IMHO.

Completely correct.

Also if in sole name, they won't have permission to process husbands data will they... ?

Again completely correct.

Debts taken out in an individuals name are the responsibility of that individual and no one else. Secured or unsecured it makes no difference.

Hi PO, so do you think they have a right to see proof of his incapacity benefit?

No. They have no right to know the other persons income and expenditure only the debtors.

[stadium_arcadium]

Thanks for clarifying Rory I thought as much but just needed to get confirmation before she send off her reply.

Debts taken out in an individuals name are the responsibility of that individual and no one else. Secured or unsecured it makes no difference.

I wish I'd know this when I set up payments to mine last year, I don't actually earn a single penny

Thanks Janet!

[stadium_arcadium]

Originally Posted by rory32

They have no right to know the other persons income and expenditure only the debtors.

Ok, I think there's slight misunderstanding here....The debt is her HUBBY'S, (my mate is just sending the letters on his behalf) and HE is on incapacity. I understand that the creditor would may be entitled to know some information regarding the debtors expenditure/disposable income but just exactly how much? would a copy of a letter from the DWP stating his entitlement be enough for example? And do they really need to have statements/letters from other creditors? I have had payments reduced in the past and apart from an expediture form, I have never had to supply (or even been asked) for any other info.

[PriorityOne]

Originally Posted by stadium_arcadium

Ok, I think there's slight misunderstanding here....The debt is her HUBBY'S, (my mate is just sending the letters on his behalf) and HE is on incapacity. I understand that the creditor would may be entitled to know some information regarding the debtors expenditure/disposable income but just exactly how much? would a copy of a letter from the DWP stating his entitlement be enough for example?

That's good enough....

And do they really need to have statements/letters from other creditors?

I have never supplied details from other creditors, but have stated what is owed, to whom and how much I am currently paying them.

I have had payments reduced in the past and apart from an expediture form, I have never had to supply (or even been asked) for any other info.

Neither have I.... and even if they asked, they wouldn't get it anyway. Claiming Benefits gives a person a certain amount of "protection" when it comes to creditors trying to up the payments because most creditors are aware that if it went to court... they wouldn't get very much anyway. When I was on Benefits, I had very little hassle, if any.

[rory32]

Sorry SA slight misunderstanding as you've pointed out. P1's advice is good, also if he does a statement of affairs and can afford to pay them nothing then that's how much should be paid. Although I would recommend that he tries to pay a token payment of £1 a month. The creditor may throw their toys out of the pram at this but in reality there is absolutely nothing they can do about it.

[stadium_arcadium]

Thanks very much PO and Rory for your help, I will pass on the info and advise her as to proceed. I think a payment of £1 a month and a CCA request will do for starters. If they want to play hardball then so be it

[stadium_arcadium]

PO, it won't let me give you any more rep but want you to know I tried...maybe someone out there can give a click on my behalf?

[PriorityOne]

Thank you for the thought SA....