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Partner being threatened- are they entitled to my income details


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My partner is being threatened by Fredericksons. We can handle the threats to a degree but I would like clarification on one point.

 

They want an income an income and form expenditure completeing. Thats fine- he is on benefits. As it stands he has more going out than coming in, obviously as we live together I pay a lot of the bills but it is not my debt.

Do they have any right to ask for details of my income?

Edited by 1stlifeline
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Hi there, ONLY a Judge has the power to order you to disclose your income and expenditure. If you don't want to give it to them, they have no right to see it. Have they got a court order? If not, they can whistle. As far as I am aware.

Plenty of threads on this to confirm my opinion.

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Agree in principle, but it may help his position by sending them an I&E form to show them exactly what he is receiving and what he is paying out, however definitely DO NOT use their laughable I&E sheet, you need to either use one off here or one that is geared to his actual position.

 

It is his debt, so do not give them any of your private information they are definitely deluding themselves if they believe they are entitled to see that!

 

If he is on benefits, then the maximum he should pay, is £1 a MONTH. His benefits are what the Government state is the MINIMUM you need to live off, their is no wriggle room to pay anyone anything more than the token payment of £1, if it ever went to court, the judge would only order that amount, or less!

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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I agree although it can be easier just to fill in a I&E and offer them £1, I'm in that siutaution, although living alone so its easiewr to put down my true circumstances.

 

AS long as the I&E shows that your partner doesnt have any 'spare' case it shouldnt matter, just offer them a £1 if you want, they are well aware that even if court action were taken a judge cant order someone to pay more than they can afford.

 

Perosnally I'd just ignore the DCA at least untill you actually think they are going to take legal action.

 

It should be worth remembering a DCA has no rights or powers beyond those of a normal citizen, but of course they all like to huff and puff and pretend they have.

 

Andy

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May i ask what the debt is for?

Have you looked to see if this may need a CCA request , is the debt statute barred
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?. There may be a way of turning the tables on these parasites

Thank you all for the replies. We have been down the route of fighting it through the CCA request. He had 2 with the same company, one a loan and one a card and fought them both in court. He won the loan one but lost this one. The solicitor dealing with is for the other side let him set up a payment plan but they have now stopped it and passed the debt to Fredericksons. They can do thier worst, I just wanted to be certain that they had no roghts at all to my income details.

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Hold on a minute, you say that they won this in court? Do you mean a CCJ? And they have now passed it on to a new DCA (Freds).....?

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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Thats correct. When they won the case their solicitor said they were looking to put a charge on the property. We had sold our property just before that and had no equity to speak of so they said they would accept a payment plan. He had been paying that by direct debit util this month. He got a letter from Fredericksons threatening baliffs and couldnt understand why they were involved so he rang them to explain he had a payment plan through the solicitors. Fredericks told him that they now were acting on behalf of the Nationwide as it had been passed to them. We rang the solicitor who said that the payments had stopped this month and that Nationwide had removed the file (I suspect they thought they could push for larger payment) . The solicitor said he should go to the bank to stop the standing order and speak to Nationwide to see why they had taken the file back.

 

He did ask Fredericksons if they had bought the debt but they said no, they were just acting on Nationwides behalf.

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The court didnt state any payments. We got the letter saying that the court had ruled in Nationwides favour and that the whole debt was now due for repayment. The amount was set up in negotiation with thier solicitor although for the installments he pays he will be 112 years old when its paid off!!!!! That was before he ended up on benefits so now it could be worse.

Edited by 1stlifeline
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I believe your best course of action would be to apply to the Court for a re-assessment of payments. As your partner is on benefits it is likely they would award £1 per month until such time he is in better circumstances. As far as I know, only the OC who would have obtained the original judgement can deal with this, they cannot and should not pass the debt on.

 

http://www.nationaldebtline.co.uk/england_wales/pdf/n245_form.pdf

 

This is a link to the form you should complete and send to the Court which dealt with the original CCJ.

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I don't think there was a CCJ awarded HS, it was just an agreement between both parties. However, I'd be inclined to stop payments and defend this with Freds & BC.

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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  • 2 weeks later...

Thank you for the replies. Sorry I havnt got back before now and I do have an update.

 

Originally we had a letter from the court saying that there was 'summary judgement for the claimant as the defendant does not have a defence with real prospect of sucess'.

 

There was no payment plan set in place.

 

We then got a letter from Shoosmiths who were acting for them and set up a payment plan by direct debit.

 

2 weeks ago they we got the letter from |Fredericksons saying they were acting on behalf of N/wide and we must now pay them.

 

We clarified this with Shoosmiths who told us that N/wide had removed the file from them. (She also said the had taken no payment since Oct although our statment shows payments made in Nov, Dec and Jan.

 

The orig amount when the court passed judgement was for 13,040. The letter from Fredericksons states the debt is now just under 17,000!!!!!!!

 

Other half has sent them an income expeniture form showing he is now on benefits.

 

Today we rec another leter from them threatening that if no debt not paid in 7 days they will take it to court?????? (This letter has crossed in the post with the incon/expend form.)

 

Other half wants to ring them and kick off but I would like some advice as to exactly what to say to them please.

 

Thank you for reading.

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Thank you harrassed senior. Its getting really silly, Shoosmiths deny recieving any payments since Nov, our bank shows they went out for 3 following months, its a joke. We will apply to the court to get the payments sorted out.

 

I have some questions I would like speceifc answers to if anyone can please.

 

1. Can they legally pass the debt once a CCJ has been given?

 

2.What are thier rights as far as adding nearly 3000 to the debt, surely if the CCJ was based on owing 13,000 then that should be what we still owe?

 

3. Fredericks say they have not 'bought the debt but are 'acting on N/wides behalf so can they add a fee? Same question as above I suppose.

 

4. How can they threaten court action when it has aready been to court?

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Thank you harrassed senior. Its getting really silly, Shoosmiths deny recieving any payments since Nov, our bank shows they went out for 3 following months, its a joke. We will apply to the court to get the payments sorted out.

 

I have some questions I would like speceifc answers to if anyone can please.

 

1. Can they legally pass the debt once a CCJ has been given? No - they need to go back to Court if they wish to Assign or Sell the CCJ - only the original Creditor and/or their pet Solicitors who handled the original CCJ .

 

2.What are thier rights as far as adding nearly 3000 to the debt, surely if the CCJ was based on owing 13,000 then that should be what we still owe? This would be determined by the original Agreement and/or ok'd by a Court at the time of the CCJ.

 

3. Fredericks say they have not 'bought the debt but are 'acting on N/wides behalf so can they add a fee? Same question as above I suppose. To my knowledge they cannot apply any 'fees'.

 

4. How can they threaten court action when it has aready been to court?

This may be them thinking about a Charging Order if you own your home, however, again as you are paying, the judge would not look favourably at their case.
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Thank you again.

 

The charging order is not a concern as we are in rented property.

 

One last thing regarding my second question in the last post. The charges I speak of have been added by Fredericksons since it was passed to them. They are in addition to the debt and solicitors charges which were on the CCJ so if I understand you correctly---

 

The Nationwide cannot legally pass the debt, it has to be dealt with by themselves or the orig solicitor acting for them. Fredericksons were quite specific that they had not bought the debt but were acting on behalf of the N/wide. Therefore this other £3000+ which has been added has come out of thin air.

 

Bearing this in mind and as Shoosmiths (The orig acting solicitor) have told me that they no longer hold the file, would it be an idea to write to the Nationwide for clarification and ignore all coresspondence from Fredericksons. My partner wants to set up a direct debit to Fredericksons to keep the payments going as he thinks stopping all payments is a bad idea (I told him to wait till they had looked at the incom/expen form before making any further payments) but I dont feel we should pay anything to Fredericksons in view of what you have advised.

We also want to know where the extra 3 grand added on has come from.

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Question s questions always questions :lalala:

 

Correct, unless the charges were part of the CCJ and awarded by the Judge, then they CANNOT add anymore, unless interest was awarded also?

 

The debt MUST be handled by whoever it was who took you to court and was awarded the judgement, so if NW have flogged this on, then you MUST get in touch with the Court who awarded the CCJ and make them aware of this, as I believe it is contempt of court they will open themselves up to?

 

I would STOP all payments to anyone other than who you were originally paying (Shoosmiths??)(NW??)

 

Get in touch with the court and advise them what is going on.

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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Thank you again.

 

The charging order is not a concern as we are in rented property.

 

One last thing regarding my second question in the last post. The charges I speak of have been added by Fredericksons since it was passed to them. They are in addition to the debt and solicitors charges which were on the CCJ so if I understand you correctly---

 

The Nationwide cannot legally pass the debt, it has to be dealt with by themselves or the orig solicitor acting for them. Fredericksons were quite specific that they had not bought the debt but were acting on behalf of the N/wide. Therefore this other £3000+ which has been added has come out of thin air.

Frederickson cannot add their own charges, they might like to think they can though. I think as BB says your best course of action would be to take the paperwork you have to the Court that handled the case. In order for Nationwide to sell this on they would need to go back to Court. As BB says 'setting someone else onto you' could well be Contempt of Court, especially as you have been making payments.

Bearing this in mind and as Shoosmiths (The orig acting solicitor) have told me that they no longer hold the file, would it be an idea to write to the Nationwide for clarification and ignore all coresspondence from Fredericksons. My partner wants to set up a direct debit to Fredericksons to keep the payments going as he thinks stopping all payments is a bad idea (I told him to wait till they had looked at the incom/expen form before making any further payments) but I dont feel we should pay anything to Fredericksons in view of what you have advised. Generally speaking, Direct Debits are not a good idea, as the amounts can be varied by less that scrupulous Agencies. Standing Order is best.

We also want to know where the extra 3 grand added on has come from. In this case I would be requiring copies of the CCJ again, get these from the Court.

 

I think I can see where this is going, I had an OC take me to Court 'through the back door (Northampton Bulk Centre)' and I knew nothing of this. I have never paid a penny of this CCJ and it has been sold on and passed around so many times, the fact that it is actually a CCJ has long since bitten the dust, so I just ignore it now as only the OC has any powers over this, so let them carry out their threats against me and see where it gets' them!!

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Update time. Got in touch with the court and was told they couldnt give me any legal advice and to consult a solicitor which I have since done.

 

It seems that they CAN pass the debt to Fredericksons, they cannot sell it but they can pass it to them to deal with. They can als add interest if they so wish as long as the orig agreement says they can carry on adding interest if you default if it is stated on the court judgement or not.

 

I also spoke to National dbtline who told me that a lot of people fall into the trap of thinking that once the CCJ is given that is the final sum owed.

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I will have to go back over this post to refresh my memory.....before giving any advice, well done for being pro active and finding out some info.

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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