cap one income form etc

[DOZY]

Hi

 

my solicitors sent for a CCA, I received just an application form and mixed up statements , I sent off for a CCA in dispute letter 3 weeks ago, with a request to write off the debt, I have now received a two letters , first one a income statement form, the second a day later a list of debtors and amounts and amount being paid monthly.

 

Now if Cap one have failed to supply a CCA, and now with my regards to me sending them a write off with a "in dispute letter" , can they still expect me to fill in both the income statement and the debtors list etc.

 

I am not particulary bothered about the debtors list, but the income statement also wants my wifes income too, do I comply with this form at all or just fill in my own income only, the expenses are awkward cos wife pays them,

 

I am in a quandry here that i may get the debt written off or they maybe just using my write off plea as a excuse to find out my/our income/expenses etc.

 

what should i do .

 

dozy

[Sparkling Diamond]

If you've sent them an account in dispute letter then it is up to you whether you stop payment to them if you haven't already.

 

Unless the debt is in joint names then they have no right to your partners details of income.

 

You could send them a reminder that the account is in dispute and also refer to your previous letter regarding writing off the deebt and enclose a copy of that letter then wait and see what response you get. That's what I'd do but it is up to you.

 

SD

[dpick]

Hi Crap1 have no more right to a list of your income and expenditure than I have(wife says I have no rights at all unless she says so). Only a court can demand that you complete an income and expenditure form. Please remember that creditors and DCA have an inflated sense of what they can demand. In the same way you decide what amount of money you pay a creditor if any, again only a court can make you pay a fixed amount, and if a court requires you to pay £x per month then the court is the only authority that can change that amount though some crdeditors and DCA seem to think they can unilaterally change that amount.

 

dpick

[madmatt1009]

Once they have failed to comply with your cca request you don't have to do anything until they do and certainly don't pay them anything..

[maroondevo52]

Hi, DOZY.

 

What do your solicitors say ?

 

If poss could you scan up on to this thread exactly what the sent you with regards to the CCA, remembering to remove all personal details.

 

Regards.

 

Scott.

[Sparkling Diamond]

HI

Guess you've got two threads running on the same subject.

 

SD

[maroondevo52]

Dozy,

 

I've merged both your threads on this subject and unapproved the duplicate, please continue to post on this one as it makes it easier for people to help you.

 

Regards.

 

Scott.

[DOZY]

hi scott

qoute:

 

Hi, DOZY.

 

What do your solicitors say ?

 

If poss could you scan up on to this thread exactly what the sent you with regards to the CCA, remembering to remove all personal details.

 

Regards.

 

Scott

 

my reply dozy.

 

hI Scott

 

Solicictors took on my case on a legal aid thing , the amount of work they could do , (£200-00, i think) they could do under that free legal aid scheme was reached , thus i have started to to do it myself with the forums kind help.

 

Their help did of course write off one debt, £****, and achieve some progress on the rest of the creditors, as my message posting.

 

I will gladly scan up the income form and the debtors list form ,.

but those are pretty standard layout things are they not , so shout if you want them .

 

I have gone down two biggies to date, then theres this one for £***, then another biggie £****.

 

My only income is DLA, no pensions at all yet( 4 years away,).

 

My wife , just SP, two small Pensions , AA, CA, PC, which includes me as a couple, but within that PC is disability payments added too.

 

As you might know , the goverment !! in their wisdom !! set out minimum levals of income that a couple can live on ,(£198-00 per week !!) thus our PC has been tailored to that rule for a couple.

 

Thus our personel ( or rather my wifes) income is taken from that figure ,leaving a figure which we are entitled too , plus the disability bits added to it. to achieve our PC.

 

I/we Have several bits done to our home to enable us too live safely, We have just this week had the disabled facilities grant people come round for another check -up , and its now going to the local council for ok ,then to builders for survey , then OK ,and start on our modifications to our home/bathroom (wetroom) shower etc, to begin ASAP.

 

P.s i have had 90 hospital apps this year alone discounting the in patient weeks (2).

 

So so I am feeling a lot happier so far , but want total closure on all that keeps me awake.

 

dozy

[DOZY]

Hi

 

I posted a message to forum yesterday on this and received some help, But I really want a definate answer to the question, do i have to put my wifes income down on form, she is a pensioner , whereas I am not yet(61) and my sole income if you/they could say it is is DLA, no other income at all.

 

Now i am going for a write off on this debt , so if I do not play ball with the demand for wifes income they may not do anything at all.

 

I may also add that they have failed twice now to produce a true CCa, and ignored a in dispute letter.

 

What doe,s and does not contitute a income,in this scenario, are benifits income , state pension , dla, etc.

 

They have also asked for a list of my debts etc.

 

Do I comply with just my DLa/income? and blank wifes , by the way the debt (s) are all in my name only.

 

or some other suggestion please.

 

dozy

[DOZY]

Hi Dozy again

 

Its just occured to me that they just might be fishing for my income etc, but their letter also said to send all medical docs to them as well, what do you think.

 

dozy

[noddyaccount]

Hi Dozy again

 

Its just occured to me that they just might be fishing for my income etc, but their letter also said to send all medical docs to them as well, what do you think.

 

dozy

 

I am not sure under the circumstances if you are obliged to give them ANY information , what is the benefit to you , in my opinion ,

[yourbank]

Hi Dozy again

 

Its just occured to me that they just might be fishing for my income etc, but their letter also said to send all medical docs to them as well, what do you think.

 

dozy

 

Who has sent the income and expenditure and what reason was one sent in the first place?

Difficult to advise without really knowing what prompted one to be sent.

[DOZY]

Who has sent the income and expenditure and what reason was one sent in the first place?

Difficult to advise without really knowing what prompted one to be sent.

 

Hi

 

The debt is capquest !!, right my solictor sent for a write first ,then CCA,d them and others, cap then sent a duff CCA with mixed up dated statements ( i,ve seen this bit some where on forum), my legal aid ran out so i sent them a "in dispute letter" ,with a further one for a request to re-consider a write off.

 

they replied with a letter wanting medical records and an income statement.

 

this is asking for my wifes income as well she is on SP/AA/PC only, now on PC rules my DLA is not counted as income ,but my wifes SP is,thus we receive PC as a couple, and i am sure Pc and other benifits are not counted as income , but you seem to have to put them down anyway , hoping they don,t say it is income.

 

the debt is in my name only.

 

They could just be fishing , or may try to wipe the debt off , if they are satisfied with the medical reports etc , that where I am in a quandry about this income thing.

 

going by what I,ve seen on forum on capquest tactics i,m 50/50 to reply fully or just medicals and my DLA only.

[Consumer dude]

Hi

 

I posted a message to forum yesterday on this and received some help, But I really want a definate answer to the question, do i have to put my wifes income down on form, she is a pensioner , whereas I am not yet(61) and my sole income if you/they could say it is is DLA, no other income at all.

 

Now i am going for a write off on this debt , so if I do not play ball with the demand for wifes income they may not do anything at all.

 

I may also add that they have failed twice now to produce a true CCa, and ignored a in dispute letter.

 

What doe,s and does not contitute a income,in this scenario, are benifits income , state pension , dla, etc.

 

They have also asked for a list of my debts etc.

 

Do I comply with just my DLa/income? and blank wifes , by the way the debt (s) are all in my name only.

 

or some other suggestion please.

 

dozy

 

 

 

 

Well, if they have failed to produce a true CCA then the debt can not be enforced in a court of law so any request for what income you have before that happens can be ignored in my opinion..

[cerberusalert]

Moved to Debt Collection Forum.

Edited November 15, 2009 by cerberusalert

[DOZY]

Hi There

 

Hi

 

The debt is capquest !!, right my solictor sent for a write first ,then CCA,d them and others, cap then sent a duff CCA with mixed up dated statements ( i,ve seen this bit some where on forum), my legal aid ran out so i sent them a "in dispute letter" ,with a further one for a request to re-consider a write off.

 

they replied with a letter wanting medical records and an income statement. i sent them off.

 

 

Hi I have received a reply .

 

Its posted from CDR in bristol, whereas i sent my letter to Fleet hampshire.

 

Their letter is a thank for your recent comminication.

 

this correspondance is our acknowledgement on the commitment that you have made with this firm to repay your account.

 

we can confirm acceptance of this as follows

 

installments of £1-00 per month.

 

I did the maths and it will take 50 years to pay it off !!,

 

also mentioned was settlement offer of 70% of debt which again according to my sums if i pay 34.86 years worth of £1-00,s, they,ll give me 14.94 years of discount, really kind of them too offer.

 

But of course i,ve CCA them and "in-disputed them , and no reply to write off yet , so as generous as the payments and the offer are !! , I do not have to pay them even their £1-00,s .

 

but again they,ve added a rise to the amount owed if i do not pay up. nice.

 

So when you,ve stopped laughing ,let me hear your views.

 

dozy

[alfwithhair]

Send them nothing and tell them nothing - They tried all that with me - Debt in my name but wanted proof of wifes benefits and medical certificates. I just told them straight, none of your business.

[beachcomber60]

I Agree with Alf.

 

Capone tried this with me also, being self employed they insisted on bank statements, OH income, proof of how much I earn from clients and previous two years Tax Returns - all they got was a bog off, mind your own business letter and as they cant provide a 'true copy' of my agreement they get sod all and havent done for 12 months now.

 

beachy