evidence of earnings enquiry

[oldgrey]

I've experienced the worries of debt but with this forum they have gradually reduced to where i'm not a bag of nerves anymore well perhaps a reduced bag of nerves lol

i haven't heard from my tormenter *capquest* since early december although i'm sure i haven't heard the last of them its at least made me sleep easier since joining this forum.

A friend has got herself in a similar postion but she wants to deal with it herself she doesn't want to fight etc

the credit card is santander which is now with lewis debt recovery. She requested them to send a form so she can make an offer of reduced payment. She was sent a evidence of earnings form.

We sat down yesterday and tried to fill in the form but i could offer no help when it came to requesting her husbands information etc

she wants to go down this route rather than go through the cca option which i suggested.

the credit card is in her own name not her husbands so the debt is hers alone
whether that means anything to lewis debt recovery is doubtful

what she needs to know is does she include her husband in this evidence of earnings form
they get a married couples state pension but how is this divided up if she didn't include her husband.

hopefully someone can advise on this

ps sorry for the long post

[Pixie]

Re: evidence of earnings enquiry

I'm not sure on this but does she actually have to detail the amount? Can she not just put 'state pension'? Does she have any other earnings/income?

As far as I'm aware there is no legal obligation to give them dtails of income/expenditure but as she's requested the form...

[oldgrey]

Re: evidence of earnings enquiry

i assume its to find out what payment she can afford

it does ask whether she's married income etc

its tricky isn't i didn't know what to suggest either.

she's adamant she wants to go through with a payment plan but she wants to know what details to include on the form. its her debt but they have a married couples state pension.

btw the forum looks so much better with the new design

[BigCraigJohn]

Re: evidence of earnings enquiry

I would just tell them how much you can afford.
I had Fredrickson pestering me for a while for proof of earnings in the end I just said
"Im self employed with no spare cash so I will pay you £5 a month for the forseable future"
They said it wasnt enough then a week later sent another letter saying I had defaulted on my £5 agreement and had 7 days to pay doh.
Dont send them any evidence, the less they know the better.

[MustGetStraigh]

Re: evidence of earnings enquiry

I agree! I've got one DCA who's asked for statement of incoming/outgoing and I've no intention of providing it. Whtever I tell them, I'm sure they'll try to get more than they're currently getting so I'm not even going to start the process.

[oldgrey]

Re: evidence of earnings enquiry

well i've told her not to include there pension and just to put an amout that she can afford i think thats the best idea

were going over her income expenditure tomorrow so i'll let her know

[Never-In-Doubt]

Re: evidence of earnings enquiry

well i've told her not to include there pension and just to put an amout that she can afford i think thats the best idea

were going over her income expenditure tomorrow so i'll let her know

Exactly, however if they operate separate banking then it's quite easy to omit his income. If they share the bills/mortgage etc then his income should be included in any I&E forms.

However, its best not to send these forms off, instead look at using the settlement and offer letters as detailed here: ---> http://forums.all-about-debt.co.uk/showthread.php?t=450

[caspar]

Re: evidence of earnings enquiry

Legally speaking only a judge has the right to demand this information, so anything you give them you are giving voluntarily.

However, in order to reach a sensible repayment agreement I'm a great advocate of supplying an IE sheet. Which one depends what you want to tell them and what outcome you want - I have about 7 different ones stored on my computer and know where to find others ranging from vague to very detailed.

I almost never send the one they send to me back, but send a different one which they always seem to accept.

What they are interested in by asking your husband's income is the total family disposable income so they can try to guage what you can afford "as a family." If you feel strongly that this is your debt and you should sort it yourself from your income, then fill in an IE sheet which only includes your income and send that in.

I'll shut up there for the moment as I realise I'm erring from the intent of these forums.

[SPENTOUT]

Re: evidence of earnings enquiry

Hi Caspar

I agree with you that a judge is the only one that can order a full budget planner, I think that something needs to be sent and I like your idea to only send what you want them to know.
In the past I have refused because they are very invasive. I have one now from eggs solicitors DLC and they want to know even how much my house is worth and how much I owe on it, I refuse to give that info.
So I will look around for a I&E form that I am happier to send.

Thanks for seeding my train of thought.

SPENT

[billypre]

Re: evidence of earnings enquiry

I sent one or two off in past - i just always made it out so that i had nothing or just £1 or £2 left over. End of..

[caspar]

Re: evidence of earnings enquiry

I sent one or two off in past - i just always made it out so that i had nothing or just £1 or £2 left over. End of..

Not quite unfortunately. The courts have strict figures for each category and the costs of each of these categories for other people in the house depending on their age. I've got them, so I'm pretty sure the DCA's know about them. A badly filled in IE form with too much or too little in one particular category can mess the whole thing up.

[billypre]

Re: evidence of earnings enquiry

Yeh, i remember finding IE "examples" and what is allowed and used that as a template. Main thing is people miss things like haircuts, or birthdays etc out

[caspar]

Re: evidence of earnings enquiry

Yep, lots of people miss those out. They also tend to vastly underestimate their true cost of living - food, runninng a car with insurance, road tax, MOT, repairs, fuel etc... I've done it myself and sought help from someone who knew their stuff. Mine from having a disposable income of about £200 to a negative of over £300 - that's how far out I was! I forgot loads of things.

[SLUG]

Re: evidence of earnings enquiry

Yup, its really easy just to go to the CCCS website and keep increasing the costs of items untill it says "this is too much for this item", then reel them in by a quid or two.

I'd assume these are the sort of figures lenders will have as well.

Lets face it, none of us are here because we have loads of spare cash mountains and bath with gold coins every day, so it should be quite easy for anyone here to twist the figures a *little* to show just a few pounds ( or even a minus amount) to spare.