Income and Expenditure

greenspun.com : LUSENET : Repossession : One Thread

Quick summary of events to date:

July 2003 - 1st shortfall letter from Debt Collection Agency for 26k

July - December 2003 - gathered info via SARNS from all parties

December 2003 - made ex-gratia offer (without admitting liability) of 5%

January 2004 - they say they (their clients) will not consider without proof of income and expenditure (I&E) "to ensure that all parties are treated fairly" [please excuse the hollow laughter in the wings]...

Most of the information on this site includes the warning that you must never, never, NEVER fill out an I&E form. What I want to know is how you tell them this (I know it sounds strange, but I need a reason). The only ones I have so far are these;

a) The information you request would include information relating to third-parties, who expressly refuse to give their permission for me to give you information regarding them. Any I&E details I would give you would, therefore be incomplete and misleading.

b) Under the Human Rights Act, I have a right to privacy; your I&E form is in direct contravention of those rights.

c) I really don't want to.

I might be able to increase my offer to them, but they just won't negotiate (they just send another I&E form - I assume so they can be "fair").

They threatened me with court if I did not comply, so if I do not fill out an I&E I would like to have watertight reasons for not doing so and appear to be being as reasonable as possible.

Hope someone can give me some help (again)

HFX Victim [paranoid that someone may be watching...]

-- HFX Victim (hasanyonegotthisone@hotmail.com), January 31, 2004

Answers

Hi,

Been there, Got the t-shirt. Their response to your offer is pretty standard, nothing to worry about (easy to say, I know!).

You have no obligation to give them your I&E details, and this is what I suggest you tell them,

Have they provided you with proof of the alledged debt?

Stephen

-- (stephen.pooley@ntlworld.com), January 31, 2004.


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