Bank Debt

[stev]

Hi All

Owing a Large bank a large sum of money i cant afford to pay due to unemployment so i followed template procedure .

They have sent a letter wanting me to fill an expenditure sheet in, before my offer will be considered ,

Surely being in receipt of benefit i don't have to do this after all the law clearly states i need this minimum amount to live on, and my offer is in good will,

 

Any advice would be much appreciated .

[Michael Browne]

It's quite standard for banks to require an Income and Expenditure form in order to assess whether you meet their Financial Hardship criteria.

 

In addition send copies of any documents/letters showing any priority debt arrears you might have (mortgage/rent, utilities, council tax etc.)

[Solarman 216]

The banks do not have the authority to see your personal financial details, only the courts and maybe HMRC have that ability, write and tell them you can only afford so much, and that is all they are entitled to, if the do not agree they have the option of taking you to court but if you really can only afford that amount then the courts can do nothing anyway on a non ptiority debt.

[stev]

OK .

The **** has hit the fan i received notification of county court proceedings this morning .

I sent this bank about 10 registered letters offering a reduced payment on my loan while i am unemployed a few hundred pound could have been payed off by now:evil:, what to do they are asking for full repayment with interest .

Can anyone help how do i fill in this form from the county court any advice would be grateful.

[cerberusalert]

Moved to Legal Forum.

[hungrybear]

Is this a secured loan?

 

When you say large sum, is it more than 25k

[stev]

Is this a secured loan?

 

When you say large sum, is it more than 25k

 

No the total is 13k

[hungrybear]

OK, first course of action is acknowledge the claim, intend to defend in full. Then you need to get a CPR request off to get them to produce all the paperwork they intend to rely on

[stev]

OK, first course of action is acknowledge the claim, intend to defend in full. Then you need to get a CPR request off to get them to produce all the paperwork they intend to rely on

 

 

Hi H/Bear

What is a CPR and how do i go about getting it, and who do i send the request to??

[hungrybear]

cpr = civil procedure rules

 

here are some links:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/184213-cpr-18-cpr-31-a.html

 

DCA: Using CPR 31.14 to Your Advantage - Consumer Wiki

 

PART 18 - FURTHER INFORMATION - Ministry of Justice

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their-6.html#post1833261

[the_shadow]

Can you post up the particulars of claim please minus the identifying stuff.

 

Also if not stated in the PoC's can you advise how old this debt is roughly?

 

S.

[stev]

Thanks everyone well it has been to court defended, and the judgment was that i have to pay £30 more then i can afford, because the bank would not accept my offer.

What can i do to reduce this judgment, i am on the dole and have told them this but it seems to fall on deaf ears , HELP PLEASE////

[PriorityOne]

Defended on what basis? You were asked to put up the Particulars of Claim last month; which would have given us an opportunity to help you with a proper defence. What you now have is a CCJ which may have been preventable....

 

You may still be able to get this set aside, but it depends on what you mean by "defence". If you've already submitted a defence; admitting the debt in its entirety, you may have no grounds for a set aside now, but can still apply to have the monthly repayments lowered to an affordable level.

[stev]

Defended on what basis? You were asked to put up the Particulars of Claim last month; which would have given us an opportunity to help you with a proper defence. What you now have is a CCJ which may have been preventable....

 

You may still be able to get this set aside, but it depends on what you mean by "defence". If you've already submitted a defence; admitting the debt in its entirety, you may have no grounds for a set aside now, but can still apply to have the monthly repayments lowered to an affordable level.

 

Sorry PriorityOne,

Everything has been happening just lately, yes i admitted the debt, no getting away from it really.

My defense was my circumstances lose of job, and the fact that i sent countless recorded letters offering a reduced monthly payment that was refused before it got to court and at court. how do i go about getting it reduced further? to something closer to what i offered £40, judgment £71 , income £314 pm.

[PriorityOne]

Sorry PriorityOne,

Everything has been happening just lately, yes i admitted the debt, no getting away from it really.

My defense was my circumstances lose of job, and the fact that i sent countless recorded letters offering a reduced monthly payment that was refused before it got to court and at court. how do i go about getting it reduced further? to something closer to what i offered £40, judgment £71 , income £314 pm.

 

Unfortunately, what you thought was a defence.... wasn't a defence. They may not have had the correct documentation to go for the CCJ; which is what you needed to force them to produce in the body of your defence. If you've already admitted to the full amount they were after however, I doubt you can go for a set aside now....

 

In order to get the amount down to an affordable level, you need form N245 from here:

 

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