Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder annabelle22 Novitiate

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    Default Income expenditure forms are they legally required to be filled in?

    Hi,

    I have filled in forms before for my mortgageicon company and all that happened was thety returned pay slips etc. No discussion, no feed back said i could afford to pay and got a suspended repossesion order against me. The forms where filled in with the help of cccs and where actually showing a slight deficit when all was paid as creditors requested.
    I was pursuaded after objecting to filling them in once more before christmas, that the company had changed their policies and now only wanted to help me. I filled them in they lost them and all paper work! I filled them in again but sent no paper work. they asked me to send nbank statments etc and also questions I thought unnessary.
    1, i put down i spend 40 per month on pet food.( this is not an extravegant amount when you look at the costs associated with keeping pets from the RSPCA) they questioned this.
    2 I put down 5 per week for other fuel ( its been really cold recently have they not noticed) for coal and they questioned this.
    I do not go out dining or drinking, I havent had a holidayicon for years, I dont have sky, I dont have insuraces at all now, I dont lead an extravegant life style, I am annoyed at their attitude. I am trying to deal with debts and I have kept them informed constantly of work situation I was redundanticon and start new job tommorrow.
    Do I legally have to fill in these forms as I feel I am being treated, and have been in the past, unfairly?


  2. #2
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    Default Re: Income expenditure forms are they legally required to be filled in?

    Hi annabelle

    Only a Judge/Court has a legal right to your I & E so you're under no obligation to supply a DCAicon with the info should you not want to

    Some will say that supplying an I & E form can help a case but as you've seen if the DCA disagree with things (In your case pet food/ectra heating) they question it

    I'm of the none of your business so bugga off group so you'll find this will generate a mixed discussion but in the end it's all down to you to decide and by the tone of your post I think you already have

    Good luck

    R

    I asked them to wait whilst I got my Bank card
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    Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk...le-!&highlight=
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  3. #3
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    Default Re: Income expenditure forms are they legally required to be filled in?

    If you are claiming that you do not have enough money to pay your mortgageicon then they can be expected to make such demands for further information.

    As already mentioned all you are really doing is giving them a view of your finances to which they are not really entitled, as you have already found, they will happily strike through anything which doesn't fit in with their unique standards of needs and requirements.

    The only person who can reach an informed opinion on how much you can afford to pay is you,
    the only person who is qualified to reach such an opinion is you.

    A court can of course make a judgement on how much you should pay, but even then the judge would normally request clarification of your income and expenditure and unless you are obviously understating or overstating your figures, the judge will make a judgement based on what you can realistically afford. The DCAicon does not have any say at all in this process

    Hope this helps


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    Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

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