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darrenm3

Eversheds Financial Questionnaire

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I have been dealing with Eversheds for a few years now and have always managed to agree on a repayment plan using a personal budget sheet obtained from nationaldebtline.co.uk. Eversheds no longer seem happy with this and have recently sent me a "financial Questionnaire" I am serious about reducing my debt and have always sent them an accurate personal budget sheet on a regular basis with a reasonable offer of repayment, but Eversheds questionnnaire goes alot further. They seem to be fishing for more information that I am not comfortable with them having, for example:

 

1. Details of my mortgage, date property purchased, purchase price, outstanding mortage. (prehaps seeing if a charging order is possible).

 

2. My employment details, employers address, telephone number

(I`ve requested before I am not to be contacted at work).

 

They are also asking for 2 recent payslips and 2 months bank statements.

 

The letter sent with the financial questionnaire also states "returning the requsted documents is of paramount importance as repayment offers CANNOT be accepted without substantiated proof"

 

I am happy to provide payslips proving my income and bills proving my outgoings but feel uncomfortable about sending bank statements and mortgage details. I would rather not fill out their questionnaire instead send them my own personal budget sheet.

 

Any ideas how I can politely refuse or am I being unreasonable?

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HI,

Eversheds have no right at all to this information. You have been supplying it as a goodwill gesture and now they are playing silly beggars you can stop the goodwill.

Only a court has the right to examine your finances and only if Eversheds take you to court.

 

Have you ascertained whether they have the right to be chasing this debt?

 

Has the original account been terminated?

If so, have you been defaulted?

Did you get a notice of assignment?

 

What sort of debt is it? (credit card, loan, overdraft etc.)


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I see Silverfox is on your case just beaten to it.

 

DG


I have no legal training my knowledge comes from my personal life experiences

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You don't need to be polite and you don't need to give them any reason why you will not be filling up their form - they have no right to ask you for any information about your finances whatsoever. Debt collection agencies have no power to do anything, only a court can ask you for your financial details. You are in charge of what you will pay, not Eversheds. Have they any right to collect this debt at all? Have you asked for a copy of your agreement to see if it is enforceable? Did you get a Notice of Assignment from the original creditor to say the debt had been assigned to Eversheds? Once you have checked all this out, if it is above board, send them £1 a month and tell them that is their lot. They cannot do anything about it unless they take you to court and they know a court won't make you pay anymore than you can afford.

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Snap!:D

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Hi Silverfox

Thanks for your swift reply,

The debt was for a bank loan with Northern Rock, with a balance now a little over £2000, the account is terminated and I received a default about 6 years ago. I obtained a copy of the original credit agreement from Northern Rock last year but no deed of assignment although I have a letter from NR saying Eversheds will be collecting payment. I`m happy to repay the debt but just dont want to be bullied into paying more than I can afford or giving Eversheds the upper hand with information that they are not entitled to.

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As you're happy to pay the debt, work out what you can spare each month, enclose it in a letter telling them as much.

If they don't like it, tough! accept or go to court.

If it did end up in court, the judge would only make you pay what he/she deems reasonable.

 

Are you happy that the agreement is valid?

 

As you never received a Notice of Assignment, why do Eversheds think they have the right to be collecting. These muppets have to follow the rules just as we do.

 

fox


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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There would be no need for a Notice of Assignment if Eversheds are collecting on behalf of NR as the original creditor.

 

This financial questionnaire ploy is used by many DCAs.

 

I suggest a letter along these lines:

 

Dear Cretins

 

I refer to your letter of (date), the content of which is noted.

 

You have no entitlement to the information you have demanded; only a Court can order disclosure of such data. Accordingly, I find your demands unreasonable and will not be completing your questionnaire. In the past, I have provided you with personal budget details as a gesture of goodwill. Such goodwill is limited, however, and no further details will be forthcoming as a result of your bullying attitude.

 

I have calculated that the maximum I can afford to repay each month is £x, and in the event of any legal action I am confident that no Court would order a higher payment, and I would of course bring your unreasonable demands to the Court's attention.

 

Yours etc.

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