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Is there an accepted percentage of surplus funds that debt companies can try to claim?


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Hi all.

 

I have just done an accurate expenditure and income sheet which amazingly shows that we have £500 a month free. I don't know where it is in the real world, but that's what it says.

 

My wife sent it off to BWLegal (it's her debt of £7k+) with an offer and it was refused. Their counter offer is that they want us to pay £375.98 per month which is 75% of this 'surplus'.

 

Would a court find this a reasonable percentage!?

 

If not, what would be considered a reasonable percentage?

 

There are other debts, If I divide the total amount against an accepted reasonable percentage, it would be normal to pay pro-rata, yes?

 

Thanks for any help.

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Thats what "They" would accept. Sadly you dont have to comply with their threats. You pay what you can afford, just because you £500 a month doesnt mean that yiou have to pay them that. You can put some of that money away every month etc, You get the idea.

Anyway hacve you done a CCA Request? How about checked if there is any PPI?

Who is the original creditor?

 

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If the debt is purely your wife's then the budget should only really reflect her income and expenditure !

 

However, if between you, you have several debts then a joint I&E with the surplus monies to be shared pro rata amongst all of them.

 

You should allow at least 10% of your surplus for an emergency fund.

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tell us about the debts please

 

you should ideally never be paying a DCA or their fake/tame solicitors anything.

 

have tou sent them a CCA request?

 

are these debts on your credit file?

 

hope you are not talking to these fleecers on the phone?

 

there no legal remit at all for you to tell them your pers financial details neither!!

 

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and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

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Hi all.

 

I have just done an accurate expenditure and income sheet which amazingly shows that we have £500 a month free. I don't know where it is in the real world, but that's what it says.

 

My wife sent it off to BWLegal (it's her debt of £7k+) with an offer and it was refused. Their counter offer is that they want us to pay £375.98 per month which is 75% of this 'surplus'.

 

Would a court find this a reasonable percentage!?

 

If not, what would be considered a reasonable percentage?

 

There are other debts, If I divide the total amount against an accepted reasonable percentage, it would be normal to pay pro-rata, yes?

 

Thanks for any help.

 

 

This nasty trick of demanding a household budget when the debt is held by one partner is wrong.

 

 

Personally I would get your wife to withdraw that statement formally and send details of her personal income/ expenditure only.

 

 

It is what the individual can reasonably afford to pay without causing undue hardship to them selves od dependants.

 

 

What you earn of have left at the end of the month is none of their business a "robust" letter pointing this out often solves this type of scenario.

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No DCA has any right to see this personal private information, only a DJ can request and view this.

 

That said, if YOU are wanting to come to an agreement, it ''MAY'' be in your interest to provide one, however in doing so, this is perfect proof

of just what happens, all they see are £££££'s figures in front of their eyes, and £££'s go into their profit pocket.

 

What is it?

Who was it originally with?

When was it taken out?

Are they legally able to collect this?

And is it on her credit file?

And How old is it?

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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Hi all.

 

I have just done an accurate expenditure and income sheet which amazingly shows that we have £500 a month free. I don't know where it is in the real world, but that's what it says.

 

My wife sent it off to BWLegal (it's her debt of £7k+) with an offer and it was refused. Their counter offer is that they want us to pay £375.98 per month which is 75% of this 'surplus'.

 

Would a court find this a reasonable percentage!?

 

If not, what would be considered a reasonable percentage?

 

There are other debts, If I divide the total amount against an accepted reasonable percentage, it would be normal to pay pro-rata, yes?

 

Thanks for any help.

Most likely you under-estimated your expenditure in lots of areas and missed others out.

 

You can look at it another way. You both have incomes, you both contribute towards the household budget, but (presumably) only your wife has these debts.

 

You will also have some items of expenditure entirely for your wife & entirely for yourself.

 

If you split contribution to the joint expenditure either 50-50 or in proportion to incomes, that plus expenditure entirely on her would be her outgoings.

 

Subtract from your OH's income and you have her surplus. Take a proportion of that and share out pro-rata across her creditors.

 

Having said all that, ensure that the correct amount is being claimed (not inflated) & is being claimed by the correct organisation - make CCA requests for anyone claiming a debt for a loan/credit card and ensure that you have bills / statements for service contracts etc

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