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Help with Expenditure Form


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I apologise if this has been covered but I've not come across it as yet.

 

I've been asked by a debt collection agency to fill out an expenditure form.

I'm unclear as to how much I can realistically put down for everything.

I'm a lone parent on benefits and have been paying this debt for the last 9 years but now they are contacting me every 3 months and demanding I pay more so I told them I can't afford it and that's when they said I have to fill one out.

 

I'd be grateful for any help.

 

Thanks :)

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Firstly..you shouldnt be paying them anything at all as they have no legal authority to money off you, only a county court does.

Who is the DCA by the way?

If they havent been to a cc already then stop all payments immediately, demand a full refund & report them to the OFT/trading standards & the FO.

They certainly have no legal right to i & e details off you - only a county court has this power as well.

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BOS are 1 of the biggest rogues in the industry & will just scare you into paying up if you let them.

I suspect this is what has happened in this case.

Has it ever been proven if they have the right to collect on this debt by way of a consumer credit aggreement? (CCA)

Either way - if they havent been to a county court, then you have grounds to stop all payments immediately, demand full refund & report them to the OFT/trading standards etc...

They have simply obtained money off you through threats & deception which even then becomes a police matter (not 999)

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Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and 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. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

Anthrax alert at debt collectors caused by box of doughnuts

 

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If I explain what has happened to the best of my recollection maybe you'll have a better picture.

Nine years ago my then husband took out an unsecured personal loan for £3000 with the Royal Bank of Scotland.

Although he applied for it we both signed for it, it was a cheque delivered by courier.

I at the time didn't work because I'd just had a child. Months later he lost his job and in the end declared bankruptcy. As soon as he made them aware they piled the interest on and £3000 became £6000.

They threatened him for a while but he passed everything onto his appointed Official Reciever?

Anyway they then came after me, I explained I didn't work so they accepted a monthly token payment of which I've never missed.

Every year they would ring and ask if I could pay more to which I replied my circumstances hadn't changed so no I couldn't. Then after sometime, I was divorced and in receipt of benefits only, the calls then became 6 monthly. I admit I was cowardly and just ended up not answering the phone so they would write letters saying to ring them because I needed a payment review.

This is how it has carried on for the last few years.

This time when I had to ring them I told them I couldn't afford to pay more. I'm currently paying £20.20 as was their last suggestion but they said it's not enough now and will have to fill out an expenditure form

I asked if they sent me one out and their reply was, `You know what an expenditure form is don't you? Use your brain, fill one out, send it back to us and ring 2 weeks later to see what we have to say`

That was 3 weeks ago and I still haven't sent one out.

The payment of £20.20 is still ongoing.

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By what you have said you have been paying over the years you must have paid back in the region of three-quarters of the debt? So what remains must be unfair charges for late/reduced payments. If this is the case it would be worthwhile you sending a SAR too http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca which will enable you to calculate all these unfair charges & reclaim them which will reduce the alleged debt anyway.

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Anthrax alert at debt collectors caused by box of doughnuts

 

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17 Port & Maritime Regiment RCT

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I think the last balance I had was just shy of £5000. From what I recall I started with payments of about £5 and they've gradually worked up to £20.20.

I've done the letter and the postal order and hopefully will get some sort of a reply soon.

As soon as I recieve one I'll put it on here so you can help me decide what to do next.

Thankyou very, very much for all your help so far :)

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Request CCA for debt and if OH signed only and was then declared bankrupt there is no debt and it cannot be enforced!

OH? Other Half? If so then no, he took it out but we both signed for it. I don't know if there is a CCA, sorry.

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The treatment you ve had from them is to be expected off DCA's..they are simply foul mouth louts with no manners whatsoever.

They are in no position to dictate what you must pay & when.

Stop all payments immediately like ive said, demand full refund & report them to the OFT/TS....

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The treatment you ve had from them is to be expected off DCA's..they are simply foul mouth louts with no manners whatsoever.

They are in no position to dictate what you must pay & when.

Stop all payments immediately like ive said, demand full refund & report them to the OFT/TS....

I know it probably sounds pathetic but I daren't just stop paying. I'd dread someone turning up on my doorstep because of it. From what I've read on this forum I understand that they can't just do that but still probably will.

I'll read up more on here to find out about the OFT/TS is and how to report it to them etc.

 

Thanks for taking the time to help, I appreciate it :)

Edited by White Noise
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No-one will turn up on your doorstep despite threats to the contrary.

With the greatest respect, you have simply been deceived by these rogues into paying what you have with the threats of various consequences etc...when in fact there are none.

If anyone was to show up, they'd have less rights than the postman & could simply be told to go away.

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OH? Other Half? If so then no, he took it out but we both signed for it. I don't know if there is a CCA, sorry.

 

Surely if you both signed for the loan, then you both took it out therefore it is joint, 50/50. If he was made bankrupt maybe you are only responsible for half of the debt. Grey area even in court but you may be able to get free legal advcie on this due to your financial situation.

Best bet is the CCA with a copy of the T & Cs . Hopefully some else will be able to offer more advice.

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You're in the right place now WN and all the advice you've received so far is sopt on. You really do need to SAR the original creditor to look at a charges reclaim. If you need a letter give us a shout :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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One further point, you say in your original post that you are on Benefits. In this case, even if this did eventually end up in Court a Judge would not normally order a payment in excess of £1 per month.

 

You have been given good advice, although I am a little concerned as to why this was not included in your husband's Bankruptcy? I do not know much about BR but I would have thought that at least half of the outstanding amount should have been?

 

I presume he is no longer making any payments towards this debt?

 

Do not let this worry you, they are only making threats because so far they have worked and you have been making payments. If you take a stand against them, they soon back down.

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Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Joint debts are not covered by BR unless both parties go BR at the same time.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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With the agreement being co-signed both you and your husband had joint & several liability which means the creditor can chase both or either for full payment.

 

What we are trying to determine now is whether there is an enforceable agreement in place. If there isn't then the creditor will not be able to take any further action, however if it is enforceable they can still pursue & that is why you must send a SAR to determine what unfair charges have been added which you can reclaim, thus reducing the remaining balance to what it should be.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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They may even end up owing you money ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Surely if you both signed for the loan, then you both took it out therefore it is joint, 50/50. If he was made bankrupt maybe you are only responsible for half of the debt. Grey area even in court but you may be able to get free legal advcie on this due to your financial situation.

Best bet is the CCA with a copy of the T & Cs . Hopefully some else will be able to offer more advice.

All I can really remember is whoever he was dealing with said it would be better if my name was on there too and so when it came we both signed for it, I'm unsure of specific details as such, that's why I've never really questioned trying to pay it etc.

Hopefully by the end of all this I'll have a better understanding and not be so naive in future!

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You're in the right place now WN and all the advice you've received so far is sopt on. You really do need to SAR the original creditor to look at a charges reclaim. If you need a letter give us a shout :)

Thanks. I feel better just reading this forum because before I didn't really know where to ask.

I'm sorry for my ignorance but I'll have to read up on what the SAR is. I'd never heard of it until yesterday :)

Everyone has been as helpful as they can be and it's extremely appreciated.

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Just hover your mouse over SAR in blue & it will give an explanation.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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