Can they take my car?

[renegadeimp]

The DCA's? No.

 

The DCA's can only be paid at a rate you can afford. Even if it means £1 a month. Should they ever take you to court, a judge would check your I&E form and agree with it.

 

It's only if you defaulted on that payment plan that the court sets up, would they tell you to come back and explain yourself so they can consider other options. So if the DCA has been told you can only afford £1 a month and you prove it, yet they refuse to acknowledge it, then the court will very likely side with you.

[Joannefred]

Sorry this may make me seem like a right thicko but whats DCA's and an I&E?

Partner has no income what so ever. We just have my income and tax credits.

So would he have to make a payment from the tax credits?

Edited September 30, 2012 by Joannefred

[renegadeimp]

DCA is another way of saying Debt Collection Agency,

 

I&E means Income and Expenditure form. It is what is used to prove to a creditor that the offer of repayment that you propose, is genuine.

 

However, if a DCA does not actually own the debt, you should tell them to take a running jump and deal with the owner directly.

 

As for your last question, as i said before, you need to work out your FULL I&E, then work out your surplus income that you can use to pay back your enforceable debts. Even if it means that the creditors only get £1 a month, then thats all they get, regardless of any threats they try to make. A court will side with you as you have shown willingness and have proof of what you are saying.

 

Also, again, if the debts are in his name, then only he has to make payments. If he doesnt have any money to do it, then you will have to start writing and negotiating with the creditors. Some are willing to wipe interest and charges to reduce the debt, and it has been known that some creditors will simply wipe the debt completely if there is no realistic possibility of the debt being repaid. Especially if its on a small amount.

[Joannefred]

So technically his creditors can insist on payment from the joint tax credit claim then? Sorry your post is making no sense to me, maybe it's because it's getting late. How can he work out his I&E when he has no income?

[renegadeimp]

They cant insist on anything. As ive mentioned time and time again, you only pay what you can afford. Thats why you MUST work out your I&E form, so you can get an accurate picture of your finances.

 

If that I&E form says you have no money to give, then we can help you write a letter to tell them that.

 

The key is not to worry. These DCA's have no legal powers at all. The absolute most they can do is ask you to pay. Thats it.

[Joannefred]

Ok break it down for me. Only partner has to give up his I& E details Is that right? Also does he put the joint tax credit claim as an income?

It would just seem silly filling out a form with £0 income and £0 expenditure.

Edited September 30, 2012 by Joannefred

[renegadeimp]

If the debts are in his name, then yes. It is up to you though if you want to help him pay the debts.

 

Dont think its silly if it comes out as 0. Tens of thousands of people are in the same situation as you are. Most of the people on this site have been in the same situation.

[Joannefred]

So the whole of the tax credit claim would go down as his income?

[renegadeimp]

I would put it yes, but since the entire amount would be his essential outgoings too, he wouldnt have to pay the DCA anything.

 

As ive already said, you can put your income down as well, but only if you want to help him pay back the debts he owes. Also remember that DCA's and other creditors routinely add unfair charges and interest to debts. You need to find out if your debts have any of these added, and also if they are actually enforceable and not statute barred.

[Joannefred]

Well one is defiantly over 6 years old and the others show up on his credit report as defaulted at around 5 years and 6 months but it doesn't show the date of the last payment made. The one that is over 6 years old was only classed as defaulted 9 months after the last payment was made.

Edited September 30, 2012 by Joannefred

[Joannefred]

So back to the original post can they get a bailiff to take the car I payed for?

[renegadeimp]

Youve already had an answer to that.

[Yukiko]

So back to the original post can they get a bailiff to take the car I payed for?

 

With respect, a car that was worth £500 when bought, with a "Book" value of £250-300 as could well be the case wouldn't be the thing to worry about. Think about it, are they going to send a team of people, put diesel in the truck, employ a driver, remove your car and risk getting £150-200 at auction? It's not in their interest to even think about it.

 

As Renegadeimp has said, Debt Collectors can not do anything but ask in a reasonable manner that you pay. If you do not, then it's tough titty on them. Their next step will be to threaten and scream and throw their teddies out of their cot, but there's not very much they can do.

 

County Court is seemingly out of the question as the debts appear to be statute barred, so sit back, relax, keep the car, take your kiddy out whenever you want because the car, I'm sure, will sit tight.