arrow global/ stevensdrake asking for statement of means

[sheldonrobbo]

hi
having read several threads on here wish i had followed advice i was given earlier . However, i recieved a statutory demand just over a month ago from the above solicitors, was advised by CAB to offer instalments. Contacted them and offered £200 per month (debt is for £4400), which i considered a reasonable offer. Have now recieved a reply saying they are not prepared to accept the offer unless i fill in statement of means form. As I have no assets of value what is the poiunt of this? Also i don't want to disclose personal information of the sort they are asking for . What should i do next , any advice will be much appreciated.

sheldon

[itsamomentintime]

the greed shines through.

ask for a copy of your credit agreement, as you need to confirm that this company has the legal right to chase you for this debt.

[Fred Bassett]

Originally Posted by sheldonrobbo

hi
having read several threads on here wish i had followed advice i was given earlier . However, i recieved a statutory demand just over a month ago from the above solicitors, was advised by CAB to offer instalments. Contacted them and offered £200 per month (debt is for £4400), which i considered a reasonable offer. Have now recieved a reply saying they are not prepared to accept the offer unless i fill in statement of means form. As I have no assets of value what is the poiunt of this? Also i don't want to disclose personal information of the sort they are asking for . What should i do next , any advice will be much appreciated.

sheldon

Tell them to sod off - it's none of their business. You know how much you can afford and £200 per months is reasonable. That means your debt would be paid off in 2 years. They are not entitled to know your income and expenditure only a court can order you to disclose this.

As it'samoment has said, ask for a copy of your agreement. There is a template letter here: Creditors and DCAs - Letter Templates & Budget Planner - letter N.

You will need to enclose a £1 postal order and don't sign the letter - initial it or something like that. Also, send it recorded so that you've got proof. They will then have 12 working days + 2 days to respond. If they don't, you are within your rights to withhold payment to them if you so chose because the matter will then be in dispute.

The golden rule is never talk to them. Tell them you will only deal with the matter in writing.

When you get something back, scan it and post it up here after removing your personal details and barcodes. Then some of the experts will look at it and tell you whether or not it is valid.

Good luck.

Regards.

Fred

[sheldonrobbo]

thanks for the advice guys ...will get on to it tomorrow...

sheldon

[jon888999]

Hi, I went through the same, agreed payments etc. They kept pestering me to complete the statement of means. Then they threatened legal action to protect there clients interest. this forced me to CCA them and Sars the OC. I found loads of Unlawful charges etc. No agreement was provided just a short application form. So I told them to get stuffed. More or less in those terms!Made a claim for a refund of charges not heard anymore since. I've got to decide whether to pursue the refund or let sleeping dogs lie. I suggested the OC (Amex) should claim scompensation from amex as I had every intention of paying this debt. Stevensdrake forced me to take action to protect my positions. As I see it Stevensdarke have turned a technically unenforceable but collectable debt into an unenforceable and uncollectable debt.
Don't pay them another penny until you see a valid CCA.
Cheers Jon

[sheldonrobbo]

thanks for that jon...seems like a familiar tale

sheldon

[sheldonrobbo]

have sent off template letter....anything else i should do in the meantime??

sheldon

[Fred Bassett]

Originally Posted by jon888999

Hi, I went through the same, agreed payments etc. They kept pestering me to complete the statement of means. Then they threatened legal action to protect there clients interest. this forced me to CCA them and Sars the OC. I found loads of Unlawful charges etc. No agreement was provided just a short application form. So I told them to get stuffed. More or less in those terms!Made a claim for a refund of charges not heard anymore since. I've got to decide whether to pursue the refund or let sleeping dogs lie. I suggested the OC (Amex) should claim scompensation from amex as I had every intention of paying this debt. Stevensdrake forced me to take action to protect my positions. As I see it Stevensdarke have turned a technically unenforceable but collectable debt into an unenforceable and uncollectable debt.
Don't pay them another penny until you see a valid CCA.
Cheers Jon

Isn't that the perfect illustration of just how stupid these people are?

I'm willing to bet that had they been civilised, decent and reasonable in their dealings with you then you would probably be paying them now. But they don't do they? - they just go in with all guns blazing .

Regards.

Fred

[sheldonrobbo]

what worries me is that having served the statutory demand they will proceed to make me bankrupt...although i think it unlikely as i have no assets and they would probably get less than i am offering

sheldon

[sheldonrobbo]

just a thought ... as i have already made an offer of payment haven't i accepted that i owe them the money and they have the right to pursue it

sheldon

[sheldonrobbo]

recieved email today...no mention of credit agreement ...just telling me that if i don't return statement of means form and make an interim payment they will proceed with bankruptcy petition....WHAT DO I DO NOW....HELP PLEASE

sheldon

[mr.ton]

£200 a month
They'd be lucky to get £1 per month off me
You are under no obligation to provide them with any info whatsoever other than a get lost message.
I bet that their threats are just that, threats with no hope of actually happening.
If you have no assets then its a waste of their time & money to make you bankcrupt & whatever debt you have will just be repaid at the minimum legal amount for years to come.
Fools

[sheldonrobbo]

Originally Posted by mr.ton

£200 a month
They'd be lucky to get £1 per month off me
You are under no obligation to provide them with any info whatsoever other than a get lost message.
I bet that their threats are just that, threats with no hope of actually happening.
If you have no assets then its a waste of their time & money to make you bankcrupt & whatever debt you have will just be repaid at the minimum legal amount for years to come.
Fools

but if i don't return the statement of means how will they know i have no assets

[mr.ton]

Doesnt matter - they are not entitled to this information & have no power/authority over you whatsoever - only a county court has the right to see this information.
Until the day you ever step foot in such a building i would simply tell the DCA to get lost personally.

[42man]

I would write to them with this (EDIT as required - and send recorded)

Dear Sirs,

I write in response to your letter dated XXXXX

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with (Amex) and the absence of any documents disproving my points itself speaks volumes, not only that but the accounts are also likely to contain excessive penalty charges which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a bankrupcty petition I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

I trust this outlines my position clearly enough for you

[sheldonrobbo]

Thanks for the replies

have decided to email them stating that i am under no obligation to fill in statement of means .....that the offer i have made is a fair one considering my finances.....and that i have no assets of value so bankruptcy would be pointless......what do you think ??

sheldon