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do i have to include my earnings in wifes debt payment

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hi and thanks for reading , first some background info

 

my wife took out a loan with cahhot some years ago before we met/married , we have been paying this debt/loan of as per the agreement for 4 years by direct debit

 

santander recently (im assuming) took over cahoot an wrote to my wife telling her that she has to pay the loan and that they require immediate and full payment of the balance £5000???

 

we offered to carry on paying as usual but they said they dont do "long term agreements"

 

anyway this debt has now been passed onto a company called Apex , they wrote to us today so the wife rang them and to cut a long story short put the phone down in tears

 

After trying to offer some kind of monthly repayment she was spoken to like a five year old

 

i have no debt myself all we have is this "loan" because of the way we have been treated i need to sort it out quick

 

am i liable for this debt , will i have to include any of my earnings in the forms we are about to send off with earnings outgoings etc to try and arrange some kind of monthly repayment

 

they say as im supporting her now i have to pay , they also say our child benifit is counted and regarded as savings so that will have to be included too

 

dont get me wrong , i want to pasy this debt off , but the way my wife has been treated by santander and now apex i want to make it as difficult as possibe, these people are horrendous (i know its their job)

 

so basically am i liable? do i have to include my wages (as small as they are\) in our letter , even so we can only afford £40 a month and i know they wont accept this , i wish they would just take us to court so we can stop worrying to be honest

 

thanks for any advice it will be gratefully received

 

Darren

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Hello and Welcome, Darren.

 

As your wife unfortunatly has found out, phoning these people can be a total nightmare, as countless numbers on this forum will tell you.

 

I'll move this thread to a Forum where you'll get all the help you require.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi, I will second the advice above, don't bother phoning them, they just lie and threaten and it gets no-one anywhere.

 

Can I just be completely clear on this, when you say you were paying this loan for 4 years, do you mean that you were not in arrears, but paying normally as required by the repayment schedule?

 

Now Income and Expenditure is none of their business, they are NOT entitled to any of that information, the only person who can require you to reveal that to them is a County Court Judge, so do not discuss/reveal any of this information to them.

 

Another thought, do you bank with Santander, because, if you do it would be wise to change your banking arrangement to another company.

 

What you now need to do is send the following:

 

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 Tradinglink3.gif Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

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.

(Optional)

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)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not signlink3.gif

 

 

And remember, do not speak with them on the phone. We can sort this out for you, and no, you are not liable yourself, another lie from them.


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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ruddy fleecers....

 

i bet you've paid more thanthe loan off already.

 

get that CCA off asap.

 

have you got the agreement to hand?

 

scan your sheets/agreement

remove all pers info inc barcodes etc but leave all figures and dates.

goto one one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

browse to your pdf file and upload it

hit close this windows at the bottom below upload it box

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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**BB waves to guests**:D

 

I like your style of wanting to make it as difficult for them as possible, to damn right aswell.

 

If only theseinstitution treated people as human beings then they may find their job that little bit more manageable, talking to people like their something they found on the bottom of their shoe really will not get them anywhere, I do believe it's because they were bullied at school, and now that they have been given a desk a phone and a computer screen, with their flip chart of scripted responses, it has gone to their tiny pea sized brains..


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Wheres the bloody edit button gone?:confused:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Firstly, if the loan is in your wife's name only.... then your financial info. is none of their business. Only your wife is liable for that debt.

 

Secondly, send the CCA request by rec. delivery.... enclosing a PO for the £1 fee and "sign" it in block capitals.

 

Thirdly, if they do have an enforceable CCA.... then it makes no difference what they will or won't accept.... pay it anyway. This will dissuade them from taking legal action because a Judge will see that your wife is making regular payments. Don't set up a Direct Debt though... pay by Standing Order only, or by any other method that leaves you/your wife in control.

 

Don't talk any more on the phone from now on and if they try and contact your wife, tell her to hang up or just leave the receiver lying around until they get fed up waiting and hang up themselves.

 

:)

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sadly cag is having software issues this last few days

site team are aware, sometimes its there sometimes its not.

been like it since about thursday.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Archie... I've just realised that you're new. If you need us to explain the terminology and any of our reasonings, please shout.

 

;)

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Wheres the bloody edit button gone?:confused:

 

Seems to be a glitch, webbys on it :)


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I completely agree with the above and would add that it's worth phoning the Benefits Agency regarding the claim that Child Benefit is counted as "savings".

 

As far as I'm aware, that is completely untrue.

 

You can contact the Benefits office using the details here:

 

Child Benefit Office : Directgov - Directories

 

If it turns out that I am right that Child Benefit is not legally regarded as savings and you have a letter from Apex stating the opposite, that's ammunition for you and also grounds for a complaint to the Fos, OFT, The Benefits Agency and your MP.


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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I completely agree with the above and would add that it's worth phoning the Benefits Agency regarding the claim that Child Benefit is counted as "savings".

 

 

It isn't. Neither are disability benefits or any other type of benefit for that matter. When I was on benefits years ago, I was once told that the annual increase was to help me pay off my debts!! :lol:

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It isn't. Neither are disability benefits or any other type of benefit for that matter. When I was on benefits years ago, I was once told that the annual increase was to help me pay off my debts!! :lol:

 

Hmmmm child benefit a saving, think its all in the name "child benefit" means its for your child.


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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thank you very much for your replies we really appreciate the help , i will explain exactly how this mess came about , the original cahoot loan got out out of hand , the wife contacted them 4years ago and got the interest frozen and agreed with cahoot to make a payment of 80 pounds a month. we paid this by standing order for 4 years , never missing a payment

 

we were recently contacted by santander telling us they now had our account apparently they now own cahoot , the wife rang them and asked if she should continue making the payments to the samm account details , the lady said yes keep going as you are , she said she had our agreement with cahoot on her screen and all was well

 

we then received another letter from santander by return post saying we had defaulted on the original loan agreement (i suppose as we were paying less than we should have been we were , i dunno)? but as we had an agreement with cahoot (which we still have and have offered to show santrander) then i assumed this wasnt a default , we have been paying for 4 years no problems

 

santander said they dont do long term agreements , however we still continue to pay the 80 pounds per month at the moment as we dont want to jerpodise any future agreemants

 

with this information harrassed senior do i still send off the letter you showed me or not?

 

i was going to send them a budget sheet with outgoings etc to prove to them this is all we can afford should i hold on this?

 

My original question was because i didnt know if i had to include my earnings , it makes me angry they way they treat you when your trying your hardest to do the right thing

 

thank you again for your time and effort :)

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In that case, in light of the above two replies, I'd get the ball rolling with complaints to all official bodies. In order to make plain your intentions and to scare Apex back, you might want to cc. them in your complaint letters.

 

Don't sign anything, send by recorded delivery, etc. and as proof of your complaint, enclose a photocopy of the letter from Apex, with the offending sentence clearly highlighted.

 

Best of luck!


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Addendum: Neither you nor your wife are obliged to provide an income/expenditure sheet unless required to do so by a court of law.


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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It isn't. Neither are disability benefits or any other type of benefit for that matter. When I was on benefits years ago, I was once told that the annual increase was to help me pay off my debts!! :lol:

 

I know!! they really think were all so rich we put our child benifit in a savings account!! good grief :eek:

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we then received another letter from santander by return post saying we had defaulted on the original loan agreement (i suppose as we were paying less than we should have been we were , i dunno)? That's how I would read it, yes. but as we had an agreement with cahoot (which we still have and have offered to show santrander) then i assumed this wasnt a default , we have been paying for 4 years no problems You've defaulted on the original terms re. payment amounts but haven't defaulted on the arrangement you came to afterwards. Same word; different meaning.

 

santander said they dont do long term agreements , such a shame... :rolleyes:... however we still continue to pay the 80 pounds per month at the moment as we dont want to jerpodise any future agreemants

 

with this information harrassed senior do i still send off the letter you showed me or not? Yes... you need to see if there's a valid CCA for this.

 

i was going to send them a budget sheet with outgoings etc to prove to them this is all we can afford should i hold on this? I wouldn't bother... just pay what you can afford and no more until we can establish whether there's a valid CCA or not.

 

My original question was because i didnt know if i had to include my earnings , it makes me angry they way they treat you when your trying your hardest to do the right thing Welcome to the land of debt collection, power trips and being treated like a piece of poo... :rolleyes:

 

thank you again for your time and effort :)

 

:)

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Priority One has already confirmed that it is our opinion that you should still send off the CCA request.

 

I still do not feel that you would gain anything by sending them any further information. It is YOUR money and YOU decide how much you can afford to pay them.

 

Let us know what you get back from your CCA.

  • Haha 1

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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brilliant!! thank you so much , i printed out the letter without signing , the wife will post it today along with the postal order as soon as we get the info back ill reopen this thread with a scan of the document

 

Darren

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ok im back i sent out the cca request ill quote the reply letter back to you

 

further to your undated letter (the letter WAS dated i know as they have sent the original back) the contents have been noted.

apex credit management are not a data holding branch and therefore not obliged to supply the data you have requested , this information should be requested from our clients. As a gesture of goodwill i have contacted our clients to obtain documentation, however our clients were unable to supply the data in the time frame remaining. (we sent the letter first clas recorded they had nearly a month to supply the data , they must be bloody busy!) I have today closed your account with ourselves and returned your file back to the abbey national group.

Please contact our client directly for a copy of your credit agreement; I have enclosed your £1.00 postal order received for this data. Our clients address is below

 

So now i assume we have to wait till abbey get in touch then send the same letter to them , its getting silly now

 

thanks for reading

 

Darren

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Isnt it interesting, the change in the tone of their contact with you?

 

They've gone from being rude and threatening to your wife over the phone and now they are all contrite and closing your file. This shows you how easy it is to operate as a Debt Collector. Bully the public, one or two might know their rights but they will be few and far between.

 

I can honestly say they are the most despicable set of hedgedwelling harlots I have ever had the misfortune to have dealings with. Not one company that has been discussed on this forum has had any positive feedback from members of the public.


Advice given is my opinion only, I am not a legal or financial expert (far from it).

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so now should i send the same letter to the Abbey national group? (first cahoot then santander now abbey............its getting confusing i wonder who we actually have the debt with? i wish i could find out and sort this mess out :confused: )

 

It is odd isnt it Monx , that letter wasnt threatening at all ;)

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Its Apex's job to forward the letter to them so dont waste your time or money.


Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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Its Apex's job to forward the letter to them so dont waste your time or money.

 

but thay have closed her account with them and sent all paperwork back to Abbey , they say they contacted abbey and they told them they couldnt supply me the paperwork in the time allotted

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