can creditors insist on seeing your wage slips and bank statements

[magoogy]

Im trying to help someone sort their debts out but

 

 

at the moment the creditors are refusing their offer and wont send a standing order form,

 

 

ive helped them provide an income and expenditure form and theyve sent it to them along with proposed payment.

 

They are now asking for proof of income and bank statements

- im just wondering if they are allowed to insist on this or should i just advise to start making the payments by cheque or standing order

(details of their bank account and standing order are on the payment slips - they could use that?)

 

 

and write to them again asking them to reconsider?

 

 

They dont like the idea of someone getting a look at their private finances like bank statements and wage slips even though everything is done truthfully.

 

They keep ringing at work so ive advised them to put in writing that that must stop and all communication kept in writing.

 

The creditors are capital one and everyday loans.

 

The person lives at home with parents and works but has found to be in debt due to silly financial control when younger,

they have no possessions but are buying a car on monthly terms.

They have a mobile phone contact which is no where near the end as of yet.

 

thanks

[vengeancedemon]

No they have no right to demand these, only a court can do this and as to phoning at work this is a real no-no and requires a formal letter of complaint and a report to FCA

[renegadeimp]

The only ones that should see full I&E's would be priority debts such as mortgage or secured loans on property. For credit cards, basic loans etc, they can see a very basic budget summary along with your proposal of payment. Nothing else. No bank statements, no payslips, no contacting employers etc.

 

If they dont like it, then tell them you are dropping them to £1 a month for the life of the debt as they arent doing anything to help you.

[magoogy]

thank you so much for your reply, so, you would advise that i advise they write back and again make the offer again but state they know they dont have any rights to see bank statements, etc - how would i word this please? thanks

[Mr.P]

Try this:

I am prepared to offer £x.xx per month for a period of Y months to settle this debt.

 

I am under no legal or moral obligation to provide wage slips or bank statements. Should you continue to demand these documents, the above offer will be withdrawn with immediate effect and substituted with a token offer of £1.00 per month.

 

Note: Any attempt to make contact by telephone either at home or at work will be construed as harassment and willbe reported to the relevant authorities. All further communications must be made in writing only.

[magoogy]

thank you so much for that

- what do you think are the chances of this being taken through the courts?

if that happens would they take the car away even though it is being paid on hp?

 

 

of course the person im helping has been silly but have held their hands up and are sorting it out now with my help

- i only became aware of this after they broke down and told me they were feeling very suicidal,

 

 

i told them i would help them out and not to beat themselves up,

theyve been stupid yes but they can sort it out...

 

 

.. the payments they are able to afford are £10 a month but could get more in about 3 months when their wages go up,

they would not still be in a position to pay the full amount

- £150 month for one and £290 for the other but maybe £50 a month...

..... not going to pay them off anytime soon but at least they will be trying....

 

 

.... or do you think i would be better advising them to talk to stepchange instead and let them help them out?

thanks

[citizenB]

It would have been more impressive, had Capone asked to see this information before providing credit, which has ultimately led to this financial hiccup !

[magoogy]

yes, thats true - i do wish they would stop dishing out loans without really looking if the person can afford it....... but, its been done and rather than hide in the sand and ignoring it im helping to sort it out for them, luckily it was only the two loans but ive heard of others who have got loads and there is absolutely no chance of ever paying the money back

[citizenB]

The Creditor has no legal right to demand the information asked for, if your friend has signed the I&E with a statement of truth it should be more than acceptable. Sadly, Capone are one of the worst to deal with.

 

If they become stubborn, speak with National Debtline - ask them to help your friend complete a Common Financial Statement (I&E) and then provide that to creditors.. it is my understanding they cannot refuse to accept this.

[magoogy]

thank you so much for that information....

 

 

. i will help them write to them offering one last time and if they still wont accept

 

 

i will get on to national debtline for them,

 

 

i do think firms like this tend to prey on the young and naive or the vulnerable who cannot sort things like this for themselves,

 

 

if this person hadntve told me i dread to think what would happen but thank god they did. thanks for all your help

[renegadeimp]

Could just download the budget summary from ND. If its good enough for the courts, its more than good enough for capone.

[dx100uk]

you have ofcourse sent these people a CCA request?

and looked for PPI & Penalty charges?

 

 

pers I don't ever recommend trying to neg with them.

 

 

stuff 'em..

 

 

TELL [dont ask] them they are only going to get £xxPCM for xx mts

as a goodwill gesture

and as a reciprocal GOGW they must freeze int & refrain from levying PENALTY charges.

if they wont

drop them to £1PCM for life.

.

as an example>

.

I am currently in financial difficulties and not able to meet my normal monthly repayments.

to show my goodwill, i am going to pay £5 for 6 mts.

 

i will update you in 6mts time or before, should my situation change.

.

could you please as a reciprocal goodwill guesture,

.

refrain from levying any penalty charges & freeze the interest on my account.?

.

Should you fail to assist me during a period of financial difficulty, contrary to all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

.

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

.

.

as your actions would do nothing to help me.

.

i thank you for your time.

..

.

dx

.

then pay by your internet banking site

.

and get reclaiming

.

TAKE CONTROL

.

or

if you have sent the above and they refuse

then write back........

.

.

i'm sorry, but you have failed to assist me during a period of financial difficulty, against all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

i repeat again, the contents of my letter dated dd/mm/yyyy, for want of clarification:

to show my goodwill, i am going to pay £XX for XX mts

could you please as a reciprocal goodwill guesture, refraining from levying any penalty charges & freeze the interest on my account.

i will update you in 6mts time or before, should my situation chance.

should you fail to help by refraining from levying unlawful PENALTY charges & freeze my interest,

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

as your actions are doing nothing to help me.

This is contrary to the rules you should operate under.

disgruntled account holder

dx

[magoogy]

well, it seems her finances are actually in a worse state than she said,

 

 

i went with her to her home to get these bills and to show her how to set up a standing order but

 

 

there she pulled all sorts of paperwork out and it really is quite a mess some of the loans and cards she has got..........

 

 

i really do hate how vulnerable people are left to get in this mess..........

 

 

on looking at her things she owes over £12,000 to 9 different cards and loans and one catalogue..........

 

 

im thinking now the best thing for her is to apply for a dmp with stepchange?

 

 

I really feel for her now because shes been getting lots of calls and post to do with these debts

and is just shoving them in her box and hoping they go away.......

 

 

time to bring money management into schools i think.....

[renegadeimp]

No matter how bad the finances are, or how bad the debt is, it can be sorted. You just have to be strong willed and be prepared to play hardball with creditors.

 

Can you post details of all debts she had with as much info as possible? Create a new thread for each type of debt she has. For loans/credit cards, there are all sorts of things to check such as insurances/charges/correct paperwork etc.

 

The more info you can give, the easier and more likely it is that all these debts can be reduced. Just remember the golden rule. Just because a creditor/DCA says you owe an amount, does not mean you do.

[magoogy]

thank you - im currently going through her things at the moment and will write it all down and then start a new thread, luckily she does work but doesnt have any family as such to help her out with these situations - i met her through work myself and have become something of a confidante to her......

[dx100uk]

might be best to go to square one

 

 

CCA the lot of 'em, esp if these are pre 2007

 

 

credit file might help too

 

 

dx

[BRIGADIER2JCS]

Going back to post 1#.

Creditors not providing SO forms, there are templates available online free to download, if you have the creditors bank details it is possible to take control and make payments at an affordable, (which can be useful if a creditor goes for litigation).

 

 

I agree with dx CCA all the creditors before doing anything about payments.

[magoogy]

thank you so much, been into town to post all the cca requests for her and will update you as and when i receive an update..... thanks a lot

[Old Cogger]

Nice one = see what if anything they come up with!

[magoogy]

ill be very surprised if they have followed all the rules because i myself cannot see how she wouldve got these loans and cards........

[dx100uk]

yes smells

 

 

sounds like she's been in the milking parlour.

 

 

time to fight back