Income and Expenditure

[oscar]

Quick question.

Are there any "rules" or "regulations" as such that dictate how quickly a creditor must deal with Income and Expenditure.

I am currently getting calls from one of my creditors, who are doing everything to avoid sending forms out. In the conversation a short while ago, I was told that "if its done in writing, it could take 2-3 months to sort out as opposed to now over the phone"

Surely there must be some set time limit to them dealing with it (and I would assume to them sending out forms when requested - no one appears to have access!!)

[SaltnVinegar]

Re: Income and Expenditure

Hi Oscar

Not that I'm aware of. However you could use a timeframe of 2-3 months as an example of tardy and unacceptable behaviour on behalf of your creditor in trying to come to a resolution should things ever (unlikely) get to court.

There is nothing unreasonable in asking for everything to be kept in writing. In fact with most creditors more often that not insisting you contact them 'within 7 days of this letter' then I think you could establish that an unfair relationship exists if you cannot demand the same from them...........

Just a thought!

[caspar]

Re: Income and Expenditure

Sounds to me like they want to be able to do it over the phone so they can put their own figures in. For goodness sake don't let them fill in anything over the phone - same old rule, everything in writing for the avoidance of doubt.

If they want to wait 2-3 months for your next payment, that's fine!

I'd be inclined to fill in a decent IE Form of your own and send that to them to avoid the delay.

It's always worth pointing out that you are doing this voluntarily anyway, so there's no reason why you can't send in your own version as you're doing so voluntarily in any case.

[caspar]

Re: Income and Expenditure

Just to add to the above, the Money Advice Trust, among others have produced a document called, "Do the Right Thing" which states best practice includes:

Treating people who carry out their own
repayment negotiations in the same way
as those represented by an advice agency.
• Having specialist teams on hand to deal
with advisers’ correspondence and
telephone enquiries.
• Responding to offers and enquiries
in timely fashion.

If you want the whole document you can find it here:

http://www.citizensadvice.org.uk/do_...hing_final.pdf

[oscar]

Re: Income and Expenditure

To be honest, I htink they are just hoping to get me to agree to something.

Am going down UE with this provider, and as yet, they havent responded - and coming up 90 days. I keep speaking to them on the phone and keep asking them to provide various things - which gets the response "but if you do this, we can do this and its all done."

The agreement is 100% UE, so thats what they are afraid of. I am in essence just wasting time, but I wasnt sure if there was any sort of code or responsibility they were supposed to abide by.

[garlok]

Re: Income and Expenditure

Hi Oscar,

Why are you doing an I & E voluntarily anyway despite the UE issue? I would never give this sort of information away unless a court ordered me to do so. Its like medical information and medical "proofs" they demand. Same applies.

I take the stance here is the offer take it or leave it in writing only no phone calls at all. But thats just me. I have learned to never give them an inch to manoeuvre not one.

regards
Garlok

[oscar]

Re: Income and Expenditure

Hi Oscar,

Why are you doing an I & E voluntarily anyway despite the UE issue?
Garlok

I am not. That is the road the creditor is trying to push me down, as they are aware of my unemployed circumstances. I am just using the calls and their conversations / tactics to ammuse myself at their ineptitude.

[caspar]

Re: Income and Expenditure

If you don't intend doing it, don't waste others time asking the effing question then!

[oscar]

Re: Income and Expenditure

If you don't intend doing it, don't waste others time asking the effing question then!

I was asking because I keep asking the creditor for the documents and they keep refusing to send them. This is deliberate by me, Paul and others state now NOT to ignore calls, this is my sole reason that I keep requesting the forms..

Maybe I should have mentioned UE in my first post.....

EDIT - surely the creditors refusal to issue forms in the post is of more paramount importance here?

[caspar]

Re: Income and Expenditure

Nothing personal Oscar, don't worry - I don't easily take offence. Niddy will tell you I am very much a speak my mind person though!

[garlok]

Re: Income and Expenditure

I used to sport with them all but we rarely get any calls now. Its taken the best part of a further two years for it to sink in that we have solicitors representing us and they have hung themselves by harassing us direct and not going via the sols.

Now I refuse any security questions, tell them to contact sols in writing and phone down. Log the whole thing. Letters from a new DCA get responses of a stroppy bugger off twice, each stronger than the previous which tells them we are under strict legal instructions to ignore any further direct communication with us. Solicitors who have the nerve to come direct get the strong letter with notice of formal complaint to the SRA if they do not follow our instructions to follow protocol and a claim for fiscal redress will follow along with an injunction at their expense.

regards
Garlok

[oscar]

Re: Income and Expenditure

Nothing personal Oscar, don't worry - I don't easily take offence. Niddy will tell you I am very much a speak my mind person though!

I am very much the same, so not to worry there. I have pissed off a few people on here and had to expalin my posts.

[nightwatch]

Re: Income and Expenditure

Have today received a letter from barcs regarding my account with them.
asking me to fill in their I&E form, that requires my hubbys employment details .
i will inform them as always, 'that it is covered under the DPA and as such if you want the information you will have to seek it under a court order'
it is normaly quiet after this response,
although i have noticed it says.
" failur to act upon this letter WILL result in further action being taken"
i am tempted to find out what?

[SaltnVinegar]

Re: Income and Expenditure

Have today received a letter from barcs regarding my account with them.
asking me to fill in their I&E form, that requires my hubbys employment details .
i will inform them as always, 'that it is covered under the DPA and as such if you want the information you will have to seek it under a court order'
it is normaly quiet after this response,
although i have noticed it says.
" failur to act upon this letter WILL result in further action being taken"
i am tempted to find out what?

Not to mention the fact that if the account is in your name then they shouldn't be asking for your spouses income details in the first place.

I had a similar row with MBNA asking for my financial details when dealing with my OH's credit card debt. A complaint to the OFT making sure MBNA were sent a copy soon got them backing down. We've not heard from them now for 8 months.........(MBNA that is!)

Regards further action - that could include asking the call monkeys to explore the contents of their noses, or assign your letter to the bin in the toilet. Probably best not to ask

Best
SnV