Advice on Budget Sheets?

[Melly-m00]

I have received a budget sheet from a debt recovery company and I'm a bit unsure as to some of the information they are requesting in the table. I was expecting income information and outgoings etc - which is on there.

 

However they are also asking for the following:

 

- National Insurance No

- Employment inormation including contact details and address of employer

- Bank account details: Account number, sort code, current balance + any savings account details.

 

There is also a line for my signature which I don't want to sign.

 

Am I legally obliged to fill in these details? It seems like all sorts of trouble could occur if I do! I have filled in a budget sheet before at the CAB but never been asked for such details.

 

Many thanks in advance for any advice you can offer.

[cerberusalert]

You are not obliged to give them any information whatsover & certainly not that kind. Have you asked them for a CCA yet?

[Melly-m00]

Hello, thank you for that. No, I've not asked for a CCA as the debt is related to unpaid vet bills. I had a payment plan with them but missed one payment so it went straight to a debt decovery company.

 

So I suppose I should just fill out the bits related to income/outgoings? Should I mention that my boyfriend lives at the property and give information about his outgoings/income aswell? At the moment, he is in college and working part time like me but doesn't get a student loan, so my student loan covers 100% of the rent etc.

 

Should I mention the student loan and him, or just mention my wages?

[cerberusalert]

No, your B/Fs income has nothing to do with them. Offer them something you can reasonably afford & no more. You could mention that you are a student & on limited income. Even in the unlikely event they applied for a CCJ a judge would only order repayment at a rate he thinks you can afford.

 

A judge is the only person entitled to an income & expenditure declaration, not a debt collector.

[mr.ton]

Absolutely not...they have no legal right to this information - tell em to get lost

[Fred Bassett]

I have received a budget sheet from a debt recovery company and I'm a bit unsure as to some of the information they are requesting in the table. I was expecting income information and outgoings etc - which is on there.

 

However they are also asking for the following:

 

- National Insurance No

- Employment inormation including contact details and address of employer

- Bank account details: Account number, sort code, current balance + any savings account details.

 

There is also a line for my signature which I don't want to sign.

 

Am I legally obliged to fill in these details? It seems like all sorts of trouble could occur if I do! I have filled in a budget sheet before at the CAB but never been asked for such details.

 

Many thanks in advance for any advice you can offer.

 

That really is unbelieveable. Don't give them any of this information. As the others have said, they are not entitled to it.

 

Regards.

 

Fred

[Melly-m00]

Thank you again guys.

 

cerberusalert: What's an income & expenditure declaration? Is that the budget sheet? The reason I'm filling it out is that I rang them and said that due to my other debts at the moment (everything has hit at once) I would only be able to afford £5 a month, but in September I will clear the rest of the balance as my boyfriend gets his student loan then. They declined this and said they would need it cleared WELL before September and said they would only accept a minimum of £60 a month (the debt is only £197!) but as it stands there is absolutely no way I can afford that.

 

So they suggested I fill out a budget sheet which they would take a look at and make a decision on, but told me it could still be declined.

 

Where do I stand? Should I not be filling in this budget sheet at all?

[mr.ton]

It lists all your outgoings like..bills/clothes/food/travel costs etc....

Melly m00....listen to what is being said here DO NOT FILL IN THE INCOME & EXPENDITURE SHEET"

They have no legal right to this information - only the county court has that & they are not 1 of those.

Bin the sheet & tell them to get lost - simple as that.

[Melly-m00]

What will happen then though? I am listening to what people are saying and I appreciate all your advice and replies, I'm just not sure what I should be doing and am trying to get things straight as this advice could be applied to several of my debts.

 

Are you saying I should just ignore them? I have had further letters saying they are coming to collect goods and things. Should I write them a letter with my offer of £5 a month? :/

[jonni2bad]

It helps a creditor to see your current position and backs up any claims that you only have £xx to give each creditor.

 

It is generally considered the norm to split your money pro-rata with each creditor, but this is not a rule.

 

I would back up the posters above who say NO to giving them anything other than the basics of income v expenditure.

 

You can find a perfectly adequate sheet for this purpose HERE in our Library.

 

This is for use with Excel..

 

Direct link here

[jonni2bad]

Include with that a letter detailing what you are offering and, if possible, include the actual payment you've suggested as a first instalment.

 

If you are thinking of paying them further instalments by bank transfer, make sure you stay in control by setting up a Standing Order - not a Direct Debit.

[mr.ton]

What will happen then though? I am listening to what people are saying and I appreciate all your advice and replies, I'm just not sure what I should be doing and am trying to get things straight as this advice could be applied to several of my debts.

 

Are you saying I should just ignore them? I have had further letters saying they are coming to collect goods and things. Should I write them a letter with my offer of £5 a month? :/

 

I & E's are easily exploited...for example you have to put down on it how much you spend on food.

If you spend £50 per month for example - then that can easily be put down as £100.

Ive never known for receipts to be required for the amount of food you buy

Melly m00 - this applies to any of your debts that have not already gone through the county court process etc...

[cerberusalert]

Thank you again guys.

 

cerberusalert: What's an income & expenditure declaration? Is that the budget sheet? The reason I'm filling it out is that I rang them and said that due to my other debts at the moment (everything has hit at once) I would only be able to afford £5 a month, but in September I will clear the rest of the balance as my boyfriend gets his student loan then. They declined this and said they would need it cleared WELL before September and said they would only accept a minimum of £60 a month (the debt is only £197!) but as it stands there is absolutely no way I can afford that.

 

So they suggested I fill out a budget sheet which they would take a look at and make a decision on, but told me it could still be declined.

 

Where do I stand? Should I not be filling in this budget sheet at all?

 

An income & expenditure declaration is the same as a budget sheet. But what these 'people' are purporting to be a budget sheet is no

more than an insidious attempt of identity theft.

 

Even if you were daft enough to give them all these details, as they have said they would not have to accept it. Stand firm & tell them straight that you are offering £5 p.m period & if they don't like it you'll see them in court. They'll back down because they will be awarded a lot less by a judge.

[mr.ton]

I have had further letters saying they are coming to collect goods and things.

 

We have all had them on here & everyone will tell that it is just a scare tactic designed to make you buckle & pay up.

The only bailiffs that can come into your home are court appointed one's

Anyone else can just be told to go away & has less rights than your local burglar

[cerberusalert]

Send the idiots this;

 

Dear Morons,

 

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you.

 

Yours faithfully

(Print do not sign signature)

[Fred Bassett]

Melly, personally I wouldn't give them an I&E form, but that is your choice. Jonnis is probably right, but the only snag with this is that they will start picking holes in it and challenging you on what you pay out for.

 

If you acknowledge the debt, work out what you can reasonably afford then pay it and tell them this is all you can afford. If we're only talking about a small amount I think it's unlikely they will pursue it further because they know full well that to take you to court will cost money and they might end up getting less.

 

You'll probably get a letter saying something along the lines of "pay up or the rabbit/cat/dog gets it" and if you're worried, just post it up here.

 

Regards.

 

Fred

[Fred Bassett]

BTW Mr Ton, I notice that you've gone from "The Terminator" to a cute little bundle of fur. When did this metamorphasis take place?

 

Regards.

 

Fred

[Melly-m00]

Thank you so much for your replies, it's made me feel a lot more settled

 

I am going to (with the help of my boyfriend/your replies) write a letter in a bit and will throw up a draft on here to see what you think.

 

I am eternally grateful for your help though!

[Melly-m00]

Okay, here's the letter my boyfriend has compiled for me. Any feedback, good or bad would be much appreciated as I'm going to send it tomorrow.

 

Thank you for your letter dated the 19th of January, in which you claim that I have ignored your attempts to settle the above debt amicably. On the 8th of January I attempted to arrive at an affordable and sustainable payment arrangement with one of your advisors. Unfortunately my monthly repayment offer was declined. No reasonable exlpaination could be given.

 

I am a full time university student on a severely low income. In addition to utility and rent payments, my income must cover transport, living costs, essential course materials and outstanding debts with other debt collection agencies. As such I can only make payments of £5 per calandar month towards the above debt until such a time as my circumstances change. I am not refusing to pay this debt.

 

I acknowledge reciept of your income and expenditure form dated the 8th of January which, in addition to other information, requests my bank sort code and account number, my savings account number, my employer, my employer address, and my national insurance number. I find your request for such information disturbing and unnecessary to resolving the debt. As such I intend to forward a copy of the document along with a written complaint to the Office for Fair Trading.

 

I also acknowledge reciept of your letter dated the 2nd of January outlining your intention to visit my property. Please be advised that under OFT rules, you can only visit me at my home if you make an appointment with me before hand. I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

In summary, I have made adjustments to my budget to allow for a maximum payment of £5 per calendar month. Enclosed with this letter is a £5 postal order covering my instalment for the month of January. My next payment will be made on the 21st of February. Payment will then continue on or after the 21st of every successive month until such a time as my circumstances change. Payment will be made by postal order or, whenever possible, debit card.

 

Yours Faithfully,

 

Thanks again guys

[jonni2bad]

Perfectly reasonable - although personally I would ask them for their bank account details to enable you to pay by standing order, rather than ever making a payment by card.

 

They SHOULDN'T retain that card information, but would you trust them?

[Ell-enn]

Jonni's right - don't pay by debit card or cheque as you are then giving them your bank details! Also, make sure you send the letter by recorded delivery, keep a copy together with the receipt for posting and then check on the Royalmail website in a few days to print off the signature receipt. Keep all together safe and do the same each time you send a payment.

 

Don't be worried by their threats of taking your things - they absolutely cannot do that! it is a scare tactic often used to take advanage of people who don't know their rights.

 

You are in control now, keep it that way

 

Ell-enn