Statement of Means

[cornetgirl]

Hi

 

I have an outstanding debt to a company and it has been passed to a firm of solicitors. I contacted them saying I would be willing to pay it off in installments. In return they have sent me a 5 PAGE statement of means to fill in!!!

Is it compulsory to fill this in or is there a template I can use instead?

 

Thanks

[sillygirl1]

DO NOT fill in this document, they are NOT entitled to the detailed information in it. In fact you should take it to the local CAB and make a complaint to Trading Standards as well.

 

The way to deal with this is a simple statement

 

Basic rule I use when I dealt with my debts, them what shouts loudest gets least... if it went to court the £1 is a minimum payment the judge would give.

 

Which company is this and which 'solicitors'. I would do a letter in the following vein

 

Dear dodgy legal firm

 

Re:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

My income is fluctuating so I cannot fill the detailed information in. I can afford £1 a month to you until this situation improves.

 

Should this issue be escalated to court then I will be using the local CAB to help fill in the RELEVANT parts of the intrusive form.

 

I now require a copy of your complaints procedure. If I do not receive this a complaint will be sent to the Solicitors Regulatory Authority and local Trading Standards and the Information Commissioners Office.

[Guest HeftyHippo]

tell them what you are able to pay and if they don't like it they can stick it where the sun dont shine and take their chances with the court system.

 

you should also investigate that the debt does exist, it is accurate amount, and that you are in a legally binding agreement

[harrassed senior]

This is what I always send:

 

 

Dear 'good friend'

 

I acknowledge receipt of your letter of *************** with enclosed form.

 

I have been advised that this 'personal' information is just that - personal. However, following your request, I obtained a Court orientated Income and Expenditure Form which I understand only a Court and/or Judge can legally have access to, and filled in the details required therein.

 

Following the revelations about my financial status that completing this form brought to light, I would like to thank you for pointing me in the right direction.

 

From this information it is obvious that I have no disposable income at this present time. It has been suggested that following discovery of this situation that a County Court Judge, would, in all probability Order that I can afford no more that £1 per month to each and all debtors, which of course includes yourselves.

 

If you would now kindly send me details in order that I can set up a Standing Order in this amount, I would be grateful.

[cornetgirl]

The debt is enforceable and I have every intention of paying it - just don't see why they need to know my inside leg measurement!!!

[cornetgirl]

It's geoffrey Leaver solicitors if that's any help?

[harrassed senior]

Are you able to offer an F & F?

[cornetgirl]

Sadly not

[sillygirl1]

New name to me, who are they acting for and where are they based?

 

I think the letter by Harrassed Senior hits the spot, you could always add a paragraph against telephone and doorstep harrassment.

[cornetgirl]

based in Milton Keynes and acting for Open University. VERY quick to move to court forms apparently.

[Revenant]

New name to me, who are they acting for and where are they based?

 

I think the letter by Harrassed Senior hits the spot, you could always add a paragraph against telephone and doorstep harrassment.

 

Been having a read whilst at work and cannot see any ref to Debt Collection Services . . .

 

http://www.geoffreyleaver.com/Home

 

R

(Ahhh yes there it is hidden under "Dispute Resolution")

Edited September 30, 2010 by Revenant
Added comment in (....)

[Revenant]

Ok here's the link to the relevant page . . .

 

http://www.geoffreyleaver.com/Home

 

"Our dispute resolution team regularly act in debt collection matters, pursuing unpaid invoices or defending claims when reasons exist as to why payment is not due.

 

We are one of the few firms of solicitors to have a computerised debt collection service operated by our claim advisers. This keeps costs to a minimum and allows you to focus on your day job of running your business."

 

Now if they are this active re debt collecting am I right in thinking they should be licenced/registered accordingly

 

R

[cornetgirl]

how do I check that?

[huggy41]

this was there previous name. GLS SHELFCO NUMBER THREE LIMITED

 

company house details. http://wck2.companieshouse.gov.uk/edc184bc4fd539a1f9c2aecc024b8282/compdetails

[cornetgirl]

Hmm... interesting... no mention of debt collection unless that is now classed as a legal activity?

[babybear39]

They have to have a CCL surely???

[Revenant]

They have to have a CCL surely???

 

 

New licence categories

 

This page has information about Consumer Credit Act 2006 and new licence categories.

 

From 1 October 2008 the following activities will require a consumer credit licence:

• debt administration - this applies to those who administer agreements (but do not collect debts) on behalf of creditors or assignees
  
• credit information services - this applies to businesses that help individuals to locate and correct records about their financial standing held by credit reference agencies and others in the credit and hire industries.
  

Consumer Credit Directive

The Consumer Credit Act and regulations are changing as a result of implementation of the Consumer Credit Directive (CCD). Regulations were laid on 30 March 2010 and are due to come into force on 1 February 2011. It will however be open to firms to comply before then if they choose. Details can be found on the Department for Business, Innovation and Skills (BIS) website.

Relevant OFT guidance will be updated in due course in the light of the CCD changes.

 

(Main page . . http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/)

Now unless I'm being thick where they are contacting people to negotiate a payment plan they are in fact carrying out "Administrative duties" plus I assume that they are also processing/obtaining data via CRA's etc

I know the way things get worded by Officialdom is often gobbledeegook but IMO I agree with bb

Any more opinions welcome

R

Edited October 1, 2010 by Revenant
Re wrote comment

[babybear39]

What a lot of DCAs/OCs etc. seem to forget is that a breach of DPA carries a large fine and/or imprisonment!

 

To the OP: report them to TS, the OFT and the ICO