Pookies UE Diary

[The Tech Clerk]

Re: Pookies UE Diary

Would look pretty glum for them if the evidence of offers ect was produced in court to my mind!

[pooksthebear]

Re: Pookies UE Diary

Nobody can ever give guarantees as to how any organisation will behave, especially not one as corrupt and dishonest as this one. All you can do is the best that you can.

However, look at the facts. They sent a Letter Before Action. You replied to it, and the creditor immediately started an investigation and did not proceed to court. That is a positive sign that they are on the back foot. The solicitors are also faking letters, which is a desperate play by anyone's standards.

I don't believe that they will litigate while they have stated that they are carrying out an investigation. I could be wrong. I am not God, and I do not have any psychic powers.

What are your personal circumstances? Would the court award payments of more than £5 a month if they gained a judgment? If not, the claimant would be taking a huge risk, and throwing money down the toilet, just to achieve nothing more than they could achieve by simply accepting your offer.

I think they are just attempting to bully you into paying more than you can afford.

SH

Thanks SH

Well my circumstances are worse than they were when I was paying them £5.79 through the debt management plan as I was then receiving child tax credit and child benefit which i no longer am as my son is now at university. I have had a pay freeze for the past 4 years and my outgoings have not gone down much.. only in compensation of my son going to uni.. but i am helping him out (which they wont care about) and also because I am no longer paying out £100 a month to my debts. I am not sure what a court would offer them per month but I think the debt management company i was with did help a lot on that score with keeping the repayments low.

I presume they would have to send me another letter before action if they were going to take me to court? If it came to that, would I have a chance (at that point) to up my offer to a higher monthly amount in order to avoid court?

Pooks

[tastyjane]

Re: Pookies UE Diary

Pooks have you done the I&E sheets that Elsa uses yet? I am pretty sure there is a link to them in my SD thread, I did them for my own peace of mind when I was waiting for an answer on a F&F offer I made - I believe they are the levels the court would accept and I was very comforted by what the monthly amount came out that I could afford. Not that you would have to share them with anyone but it might put your mind at rest as to what a Judge would be likely to accept.

Jane x

[Pixie]

Re: Pookies UE Diary

A very good suggestion Jane and I think you ought to take notice of what TTC says...you've tried your best to offer them what you can afford.

And pooks...please stop wobbling...a wobbling bear is not a pretty sight!

Pixie x

[ScabHunter]

Re: Pookies UE Diary

I presume they would have to send me another letter before action if they were going to take me to court? If it came to that, would I have a chance (at that point) to up my offer to a higher monthly amount in order to avoid court?

Pooks

The Civil Procedure Rules would demand that they send another letter, yes, but of course they are not always followed.

You would, or at least should, have an opportunity to up your offer, but whether you should or not is another matter entirely.

I agree it would be a good idea to carry out an I&E assessment purely for your own benefit, so that you can see what a court would be likely to accept. You could always voluntarily give this information to the creditor at a later stage, if it suited your purposes to do so.

SH

[pooksthebear]

Re: Pookies UE Diary

Pooks have you done the I&E sheets that Elsa uses yet? I am pretty sure there is a link to them in my SD thread, I did them for my own peace of mind when I was waiting for an answer on a F&F offer I made - I believe they are the levels the court would accept and I was very comforted by what the monthly amount came out that I could afford. Not that you would have to share them with anyone but it might put your mind at rest as to what a Judge would be likely to accept.

Jane x

Hi Jane, no I havent seen those but I shall have a look now.. thank you x

[pooksthebear]

Re: Pookies UE Diary

A very good suggestion Jane and I think you ought to take notice of what TTC says...you've tried your best to offer them what you can afford.

And pooks...please stop wobbling...a wobbling bear is not a pretty sight!

Pixie x

Hahahaha.. oh that did make me chuckle .. I think my wobbling is over for the time being... happens occasionally.. I will go back to my den for a bit to sharpen my claws ready for the fight ahead x

[pooksthebear]

Re: Pookies UE Diary

The Civil Procedure Rules would demand that they send another letter, yes, but of course they are not always followed.

You would, or at least should, have an opportunity to up your offer, but whether you should or not is another matter entirely.

I agree it would be a good idea to carry out an I&E assessment purely for your own benefit, so that you can see what a court would be likely to accept. You could always voluntarily give this information to the creditor at a later stage, if it suited your purposes to do so.

SH

Thank you again SH,

I am going to do the I and E now for my own peace of mind.. then sit back and wait to see what their next move on the chess board will be!

Wobble over.. thanks for the support

Pooks

[tastyjane]

Re: Pookies UE Diary

http://mymoney.nedcab.org.uk/moneyadvice/quickfs.asp

Here is the link I think Pooks; I felt so much better when I did this for our circumstances - just to let you know I put all my debt in as if I was paying it and it worked out a pro-rata payment for each from excess income.

Jane x

[pooksthebear]

Re: Pookies UE Diary

http://mymoney.nedcab.org.uk/moneyadvice/quickfs.asp

Here is the link I think Pooks; I felt so much better when I did this for our circumstances - just to let you know I put all my debt in as if I was paying it and it worked out a pro-rata payment for each from excess income.

Jane x

Aw thank you Jane!! Right I shall do that now x

[Pixie]

Re: Pookies UE Diary

Hahahaha.. oh that did make me chuckle .. I think my wobbling is over for the time being... happens occasionally.. I will go back to my den for a bit to sharpen my claws ready for the fight ahead x

Bless you! We all have a wobble from time to time but the saying is true...laughter's the best medicine.

Glad you took it in the spirit in which it was intended

[pooksthebear]

Re: Pookies UE Diary

http://mymoney.nedcab.org.uk/moneyadvice/quickfs.asp

Here is the link I think Pooks; I felt so much better when I did this for our circumstances - just to let you know I put all my debt in as if I was paying it and it worked out a pro-rata payment for each from excess income.

Jane x

Hiya again, I cant find where to put the debt in and where it will work it out pro rata? There doesnt seem to be a column for debt that I can see ... actually just found it! x

[tastyjane]

Re: Pookies UE Diary

Should be at the end, gives you the option to save as a spreadsheet, made me feel so much better hope it does you too.

Jane x

[pooksthebear]

Re: Pookies UE Diary

Should be at the end, gives you the option to save as a spreadsheet, made me feel so much better hope it does you too.

Jane x

Its done!!! It works out that pro rata the MCL vultures could have £6.00 a month so my offer of £5.79 wasnt a million miles away. Also there are probably things I could have put in the I&E form .. like window cleaner and house maintenance which I havent. I feel sooo much better now!

Pooks x

[pooksthebear]

Re: Pookies UE Diary

Bless you! We all have a wobble from time to time but the saying is true...laughter's the best medicine.

Glad you took it in the spirit in which it was intended

Yes your right and the image of a wobbling bear made me literally laugh out loud haha! Ive done the I&E and I was almost spot on with my offer of £5.79 so I feel loads better now!