Advice on what income/expense details to send to a DCA

[purpledelly]

I wonder if anyone can advise me?

To cut a long story short, I requested a CCA from Egg some time back and they didn't send it, passed it on to a DCA and I requested again. This time, they came up with one and it seems OK etc. So I offered to make payments of £35 a month (which was what I was paying Egg for it on a DMP for 2 years prior to requesting the CCA).

 

They have said in order to consider my offer, they want me to send (and I quote):

"full details of your income and expenditure i.e. copy recent wage slips... early investigations have confirmed you are employed full time as a teacher).. and details of any other creditors you're paying at the moment.

 

Well obviously the bit about my job is a veiled threat that they can find out what they want about me which annoys me but hey ho.

 

But basically I don't want to send them my wage slips as it's none of their business.

Do I have to send them those? What might happen if I don't (they threaten legal action if not received by 25th July).

 

I was thinking of sending them a full Statement of Affairs instead.

 

Can anyone advise on this please?

Many thanks in advance.

[ScarletPimpernel]

Only a Court can force you to disclose details of your income and expenditure.

 

If you provide the details, the usual procedure is that the DCA will then demand an unrealistic amount. I wouldn't trust imbeciles like DCAs with my any sensitive data either.

 

In my view, the best way to deal with this is to write to them along these lines:

 

Thank you for your letter dated xxx, the content of which is noted.

 

I regret that I am unable to provide the information you request, and am advised that only a court can insist on disclosure of such details.

 

However, I am able to confirm that I can afford to make a payment of no more than £x per month, and would be grateful if you would let me have the necessary bank details so I can set up a standing order.

 

Yours etc.

The DCA is obliged by the OFT Guidance to pass any offer to the creditor; further, should they be foolish enough to pursue the matter to Court, any order will be for affordable payments, and probably less than you are offering; they know this.

 

Usual DCA rules apply: don't speak to them on the phone, dont give them any card details, and don't agree to a direct debit.

[mr.ton]

Dont send them anything -they have no authority to get such information off you!

Save yourself £34 & just pay them a £1 per month.

Tell them that the offer is final,non-negotiable & no furthur correspondence will be entered into

You can use the credit crunch & costs going up as an excuse

The most the DCA can do is take you to a County Court & if they did, so long as you can show were the rest of your money goes (easily done with a bit of exaggeration ), then thats what the court would order & the DCA would have to like it or lump it

[purpledelly]

LOL - tempting Mr Ton but I don't want to annoy them too much!!

 

I think I will send a basic SOA with the letter ScarletPimpernell recommended... I just feel a bit better knowing I'm not obliged to. Surely they won't be silly enough to take me to court when I'm offering a perfectly reasonable amount??!

 

(bit peed off overall about it as my hubby has just received a letter from another DCA about a different Egg debt stating the matter is closed as Egg confirm they can't give them a CCA!! - why couldn't I get that one!?)

[ScarletPimpernel]

Surely they won't be silly enough to take me to court when I'm offering a perfectly reasonable amount??!

 

 

The greed and stupidity of DCAs knows no bounds, but going to court is usually the last thing they want.

[mr.ton]

LOL - tempting but I don't want to annoy them too much!!

 

You kidding right?

DCA's are there to be annoyed - they are funny when they are :grin:

Chances are they wont take you to court anyway, DCA's love threatening court, but not many of them ever actually go near such a place.

Even if they do, then £1 per month is a legal amount you can repay.

So stop worrying about what the DCA thinks/says it will do & keep your money for yourself

[purpledelly]

You kidding right?

DCA's are there to be annoyed - they are funny when they are :grin:

Chances are they wont take you to court anyway, DCA's love threatening court, but not many of them ever actually go near such a place.

Even if they do, then £1 per month is a legal amount you can repay.

So stop worrying about what the DCA thinks/says it will do & keep your money for yourself

 

Well I am having some fun with MBNA as I know they haven't got anything at all and their letters are laughable... but I'm a bit of a coward at heart but if this lot get silly I may well start doing what you recommend and playing silly back

[purpledelly]

Hi Again

I'm seeking a little more advice on this one if anyone can help.

 

I sent Collect Direct (the DCA) a statement of affairs showing I could afford £35 a month and sent the letter posted by ScarletPimpernel earlier in this thread telling them I wouldn't send my payslips.

 

I've now had a reply from them saying they have advised 'their client (Egg) of my offer of £35 and my refusal to supply payslips. It says their client is unable to consider the offer without evidence in the form of payslips as it's a low offer per month considering size of the debt. THey go on that they 'may consider recommending court action be instigated in order to secure payments' and go on about attachment of earnings.

 

They finish with telling me I have 72 hours to pay in full or supply wage slips.

 

I really don't want to go to court and (presumably) get a CCJ -because in a couple of years my one CCJ and other defaults will 'fall off' my file and I don't want to begin another 6 years. BUT neither do I really want to send them my payslips and give them my employement details.

 

Does anyone have any advice on how best to deal with this. I could, to be honest, probably increase my monthly offer a little bit but then that looks a bit flaky and I still don't think they would accept without the payslips.

I should add that my SOA I sent them was pretty much accurate and I didn't lie about my earnings, so I haven't got anything to hide. I inflated slightly one or two expenses (which is why I could offer a little more if pushed).

 

thanks in advance if anyone can help me again!

[reallymadwoman]

How about a compromise? Send them a copy of your payslip with everything but your net salary blacked out - be particularly careful with employer details or NI number. Also send a cheque for the payment you've offered. I bet they accept it.

[purpledelly]

Thanks... I was considering that - although I hadn't thought of sending the cheque too. I suppose it shows I'm committed to paying them something... I assume 'copies' of the payslips would be OK? I don't want to have to deface originals!

[reduk054]

Hi Purpledelly,

If the DCA has not specifically requested originals, then send a copy. Also the wording that they are using regarding taking you to court is ambiguous i.e. MAY not are going to, I think its scare tactics to get you to pay more than you can afford. Typical debt collection practice!

Red

[purpledelly]

Hi Purpledelly,

If the DCA has not specifically requested originals, then send a copy. Also the wording that they are using regarding taking you to court is ambiguous i.e. MAY not are going to, I think its scare tactics to get you to pay more than you can afford. Typical debt collection practice!

Red

 

Hi Red

Thanks - yes I'm sure you're right and it is a tactic and I'm peeved it's working with me! I'd like to just brave it out - but I fear they will win

I've checked wording on their letter and it says 'copy' so that will have to do them.

[reduk054]

Hi I just wanted to add something else to what RMW said about sending a cheque. I tried and tested this method below with a DCA for my utilities where there was a large outstanding amount.

I enclosed a cheque to the total of what I considered I could afford per month, and then in my letter advised them that if they cash the cheque then they are formally accepting my offer of payment each month, unless my circumstances change, in which case I will inform them in writing.

The reason for this was because I knew that one dept would read the letter and another (usually the quicker of the two) would cash the cheque.

They tried arguing with me, and get me to increase my payments, and I said ok then, lets see what a court has to say about you entering my contract to pay

They have never hassled me since, and I continued to make payments!

Good luck!

Red

[overdone]

Hi I just wanted to add something else to what RMW said about sending a cheque. I tried and tested this method below with a DCA for my utilities where there was a large outstanding amount.

I enclosed a cheque to the total of what I considered I could afford per month, and then in my letter advised them that if they cash the cheque then they are formally accepting my offer of payment each month, unless my circumstances change, in which case I will inform them in writing.

The reason for this was because I knew that one dept would read the letter and another (usually the quicker of the two) would cash the cheque.

They tried arguing with me, and get me to increase my payments, and I said ok then, lets see what a court has to say about you entering my contract to pay

They have never hassled me since, and I continued to make payments!

Good luck!

Red

Extremely clever tactic. Now why didn't I come across this sooner? Are you sure you don't work for a DCA? You certainly have their cunning. L.O.L:lol:

[overdone]

How about a compromise? Send them a copy of your payslip with everything but your net salary blacked out - be particularly careful with employer details or NI number. Also send a cheque for the payment you've offered. I bet they accept it.

Why not the NI number? Can they do anything with that?

[reallymadwoman]

Don't know, but I suggested blacking it out on the basis that they're not entitled to have it and the standard advice is to tell them nothing that you absolutely don't have to.

[purpledelly]

Hi Folks

Just thought I'd update this as it's been bumped up.

 

I did send them 3 payslips with ALL details except my name, dates and NET pay blacked out - and explained why in my letter. I sent a cheque and bingo - their 'client' is now accepting my offer for '3 months' when they will want a review. Can't see my circumstances changing that much in between buy hey ho!!

So thank you so much to all who replied - for your brilliant advice

[overdone]

Hi Folks

Just thought I'd update this as it's been bumped up.

 

I did send them 3 payslips with ALL details except my name, dates and NET pay blacked out - and explained why in my letter. I sent a cheque and bingo - their 'client' is now accepting my offer for '3 months' when they will want a review. Can't see my circumstances changing that much in between buy hey ho!!

So thank you so much to all who replied - for your brilliant advice

My DMP is up for review too and after reading this thread I am sure I am doing myself down. Is it possible for you to post an example of yours?

Edited August 28, 2008 by overdone
typos

[overdone]

The reason for this was because I knew that one dept would read the letter and another (usually the quicker of the two) would cash the cheque.

They tried arguing with me, and get me to increase my payments, and I said ok then, lets see what a court has to say about you entering my contract to pay

They have never hassled me since, and I continued to make payments!

I wonder if the same thing would happen with an offer of a one pound, full and final settlement.