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URGENT HELP-Financial Statement & CCA Request Letters

CreditCrunchee
Posts: 8 Forumite
I've had some recent demands by some of the more forceful DCAs for financial statements before committing to another arrangement.
I've avoided this for months because I'm self-employed with an intermittent though reasonable income/cashflow.
These financial statements wouldn't be such an issue (I've been told a verbal statement will suffice for a couple of companies) if not for one of the companies demanding that my financial statement be ratified by an official body, the CCCS??
I could just 'average out' what I pull in each month but providing proof would be very difficult.
With the feast or famine over the last 2-3 years I regularly have had nothing coming in for 1-3mths then a suddenly a large lump when an invoice gets paid and the business account is temporarily flush.
As a result it's been stressful with no guarantee of the 'lumps' arriving, I'm at the mercy of my client's liquidity and payment policy/schedule.
Overall I've 'earnt' the equivalent of a sizeable salary but got a good few grey hairs along the way.
To make this even more difficult to prove my company owes me thousands that I invested some time ago to keep it going during the 9/11 downturn etc.
I pay myself the minimum allowable £4.5k salary then take what I'm owed (tax free) out of the business account when available.
Although technically my 'income' is £375 pmth (£4.5kpa) some months I take £0 whiulst others £4-6k, averaging over a year at £3-4k net per month.
This sounds like a lot but it all goes within a few days on large bills (e.g. £1050pmth school fees up until Dec'08) and overdues that have built up during the preceeding 1-3mths. Up to recently our outgoings have been c £5-6k per month so you can see how it all gets swallowed up.
The only reason we've stayed afloat and got by during these down periods is due to my wife's part-time earnings and the fact that I don't have to pay tax/NIC on these repayments, otherwise we would have undoubtedly sunk by now.
I'm determined to make a new start financially in 2009 and am ruthlessly budgeting etc. but although we are increasingly capable of continuing like this for the foreseeable (there's a faintly improving business heartbeat) I fear that if I laid this bare to the various credit/DCA companies they wouldn't take this average figure as admissable regular income.
I suppose I could copy bank statements to them and highlight the various transfers but the amounts are irregular and vary wildly.
I'm worried when they see true situation they will attempt to make me bankrupt or put a charge on my property etc. which could scupper any possible recovery (despite my continuing efforts to pay).
Worrying too much or likely?
I've been asked to provide the statements by the start of next week or pay hundreds of pounds in overdues that I don't have so I've been searching the boards for advice etc.
With so many SMEs/one man bands out there I was hoping someone else may have come across a similar query/situation or would have some perspective/definitive advice on this?
One avenue I'm seriously considering is issuing everyone with CCA requests tomorrow which should hit them all next Monday/Tuesday. This should delay or hopefully void the whole issue but I'm concerned that this may prompt harsher treatment and possible final demands? (again potential scupper)
I have to send these letters by midday tomorrow before the post office closes so if ANYONE has any advice (or letters) I'd appreciate it.
Many thanks. CC
I've avoided this for months because I'm self-employed with an intermittent though reasonable income/cashflow.
These financial statements wouldn't be such an issue (I've been told a verbal statement will suffice for a couple of companies) if not for one of the companies demanding that my financial statement be ratified by an official body, the CCCS??
I could just 'average out' what I pull in each month but providing proof would be very difficult.
With the feast or famine over the last 2-3 years I regularly have had nothing coming in for 1-3mths then a suddenly a large lump when an invoice gets paid and the business account is temporarily flush.
As a result it's been stressful with no guarantee of the 'lumps' arriving, I'm at the mercy of my client's liquidity and payment policy/schedule.
Overall I've 'earnt' the equivalent of a sizeable salary but got a good few grey hairs along the way.
To make this even more difficult to prove my company owes me thousands that I invested some time ago to keep it going during the 9/11 downturn etc.
I pay myself the minimum allowable £4.5k salary then take what I'm owed (tax free) out of the business account when available.
Although technically my 'income' is £375 pmth (£4.5kpa) some months I take £0 whiulst others £4-6k, averaging over a year at £3-4k net per month.
This sounds like a lot but it all goes within a few days on large bills (e.g. £1050pmth school fees up until Dec'08) and overdues that have built up during the preceeding 1-3mths. Up to recently our outgoings have been c £5-6k per month so you can see how it all gets swallowed up.
The only reason we've stayed afloat and got by during these down periods is due to my wife's part-time earnings and the fact that I don't have to pay tax/NIC on these repayments, otherwise we would have undoubtedly sunk by now.
I'm determined to make a new start financially in 2009 and am ruthlessly budgeting etc. but although we are increasingly capable of continuing like this for the foreseeable (there's a faintly improving business heartbeat) I fear that if I laid this bare to the various credit/DCA companies they wouldn't take this average figure as admissable regular income.
I suppose I could copy bank statements to them and highlight the various transfers but the amounts are irregular and vary wildly.
I'm worried when they see true situation they will attempt to make me bankrupt or put a charge on my property etc. which could scupper any possible recovery (despite my continuing efforts to pay).
Worrying too much or likely?
I've been asked to provide the statements by the start of next week or pay hundreds of pounds in overdues that I don't have so I've been searching the boards for advice etc.
With so many SMEs/one man bands out there I was hoping someone else may have come across a similar query/situation or would have some perspective/definitive advice on this?
One avenue I'm seriously considering is issuing everyone with CCA requests tomorrow which should hit them all next Monday/Tuesday. This should delay or hopefully void the whole issue but I'm concerned that this may prompt harsher treatment and possible final demands? (again potential scupper)
I have to send these letters by midday tomorrow before the post office closes so if ANYONE has any advice (or letters) I'd appreciate it.
Many thanks. CC
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Comments
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Hi, I've been reading these forums over the last few days and looking back over credit account documents (I keep everything).
There are some very old copies of CCAs in my files that don't have the statutory info. Most of these accounts are a few years old and have long since been sold/passed to various DCAs so they may have a problem locating a 'true' CCA. It seems likely that at least my MBNA account from the early 90s and some of the others will not be able to produce a copy however I should expect one or two may come back with legitimate signed agreements.
This, and the fact that I cannot afford to pay any of these off in one go has held me back from posting CCA requests. I'm worried it may ruin any chance of continuing the arrangements if they do manage to produce a signed agreement, I cqan continue with small payments but I simply don't have the money to pay lump sums.
However these perceived risks are fast becoming moot as I'm now on arrangements for Mortgage, Utility and Council Tax arrears and generally getting the feeling options/money are fast running out. I would rather have numerous CCJs than lose my house so some harsher prioritising of finances has to happen soon or a massive reduction in outstanding debt somehow.
Currently I have 7 old credit/store card debts, the cards were cut up/last used 2-3yrs ago but still stand at c£75k total.
I've committed to arrangements and generally kept to them but it's been an enormous strain on finances and my relationship, especially with the numerous daily calls and the dreaded post. I've been able to keep the DCAs at bay and get them to stop interest & charges on most accounts but it takes an enormous amount of juggling and attention to keep on top, one miss-step and they start adding interest (in once case £240+ per mth).
The main problems are with 1st Credit(old CITI acct), ARC (old EGG acct) and MBNA all of whom have recently stepped up the calls (particularly Worst Credit & ARC).
It seems the CCA request is worthwhile doing, even if I'm only successful with one, but I'm concerned about the possible downside/repercussions of a failed attempt.
In particular when Credit Co's/DCAs are faced with a CCA request can they say that as I've been speaking with them and making payments I have admitted liability (even if they can't supply the agreement?). What constitutes admitting the debt?
Equally if somehow they manage to produce a credible signed agreement within the 14 or 30 days allowed, is it likely that they will take my request as an attempt to avoid the debt and withdraw the payment arrangement option or do I still have the right to continue paying by arrangement?
I can't afford to be stuck with a demand for immediate settlement lump sums or risk charges on property so if I demand the CCA have I blown any chance at an amicable repayment solution?
Similar question in mind relating to any possible credit card charge reclaim, seems a good idea unless there' a real risk they will demand the entire amount (banks have apparently closed accounts demanding immediate settlement)?
Would really appreciate any advice on this as very tentative situation at the moment, couple of c£400+ demands by end of next week and money dried up. Ideally would like to get letters to them by Monday/Tuesday meaning posting tomorrow morning latest but won't if risk of it backfiring on me.
Cheers in advance.0 -
Hi
First things first - talk to a debt advisor http://www.moneysavingexpert.com/loans/debt-help-plan#help
CCCS have a separate section for self employed people. NDL may have.
secondly. No you do not have to send the SOA in by tomorrow. It may be much bnetter to write with a token £1 payment and advise them that you are seeking specialist advice from one of the debt charities as they have advised.
Yes they are panic-stricken because of the down-turn. They know that next month you may have less money and their own jobs may be on the line, but that is not reason to put up with this.
Your can also write and demand that future communication is writing and they stop phoning you.If you've have not made a mistake, you've made nothing0 -
Here's some info of the customer credit agreement (CCA) and requesting it.
Details: http://forums.moneysavingexpert.com/....html?t=578486
Template: http://forums.moneysavingexpert.com/...5#post11636295If you've have not made a mistake, you've made nothing0 -
Fermi!!!!!!!!!
Any chance of linking these threads together
http://forums.moneysavingexpert.com/showthread.html?t=1454943If you've have not made a mistake, you've made nothing0 -
Done.
..........
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
thanks - there are others.If you've have not made a mistake, you've made nothing0
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Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
CreditCrunchee wrote: »I've had some recent demands by some of the more forceful DCAs for financial statements before committing to another arrangement.
I've avoided this for months because I'm self-employed with an intermittent though reasonable income/cashflow.
These financial statements wouldn't be such an issue (I've been told a verbal statement will suffice for a couple of companies) if not for one of the companies demanding that my financial statement be ratified by an official body, the CCCS??
I could just 'average out' what I pull in each month but providing proof would be very difficult.
With the feast or famine over the last 2-3 years I regularly have had nothing coming in for 1-3mths then a suddenly a large lump when an invoice gets paid and the business account is temporarily flush.
As a result it's been stressful with no guarantee of the 'lumps' arriving, I'm at the mercy of my client's liquidity and payment policy/schedule.
Overall I've 'earnt' the equivalent of a sizeable salary but got a good few grey hairs along the way.
To make this even more difficult to prove my company owes me thousands that I invested some time ago to keep it going during the 9/11 downturn etc.
I pay myself the minimum allowable £4.5k salary then take what I'm owed (tax free) out of the business account when available.
Although technically my 'income' is £375 pmth (£4.5kpa) some months I take £0 whiulst others £4-6k, averaging over a year at £3-4k net per month.
This sounds like a lot but it all goes within a few days on large bills (e.g. £1050pmth school fees up until Dec'08) and overdues that have built up during the preceeding 1-3mths. Up to recently our outgoings have been c £5-6k per month so you can see how it all gets swallowed up.
The only reason we've stayed afloat and got by during these down periods is due to my wife's part-time earnings and the fact that I don't have to pay tax/NIC on these repayments, otherwise we would have undoubtedly sunk by now.
I'm determined to make a new start financially in 2009 and am ruthlessly budgeting etc. but although we are increasingly capable of continuing like this for the foreseeable (there's a faintly improving business heartbeat) I fear that if I laid this bare to the various credit/DCA companies they wouldn't take this average figure as admissable regular income.
I suppose I could copy bank statements to them and highlight the various transfers but the amounts are irregular and vary wildly.
I'm worried when they see true situation they will attempt to make me bankrupt or put a charge on my property etc. which could scupper any possible recovery (despite my continuing efforts to pay).
Worrying too much or likely?
I've been asked to provide the statements by the start of next week or pay hundreds of pounds in overdues that I don't have so I've been searching the boards for advice etc.
With so many SMEs/one man bands out there I was hoping someone else may have come across a similar query/situation or would have some perspective/definitive advice on this?
One avenue I'm seriously considering is issuing everyone with CCA requests tomorrow which should hit them all next Monday/Tuesday. This should delay or hopefully void the whole issue but I'm concerned that this may prompt harsher treatment and possible final demands? (again potential scupper)
I have to send these letters by midday tomorrow before the post office closes so if ANYONE has any advice (or letters) I'd appreciate it.
Many thanks. CC0 -
Phone letters from fermi
Something along the lines of:
Quote:
Dear Sir / Madam,
Re accounts ref
I do not acknowledge any debt to your company.
I am writing to you to inform that I request all communications to me in writing. I do not want any further telephone calls made to me ( my mum).
To continue to contact me by telephone after I have requested you not to constitutes harassment. I require all future communications in writing for future Court use. Do not telephone me again – remove any telephone numbers you hold for me from your systems.
Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter, an official complaint, together with a log recording the times and frequency will be passed both to that office and to Trading Standards, For your information, all telephone calls are taped.
This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’. In that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint to the relevant authorities will be made.
Take further notice that continued telephone calls after receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. Continued phone calls to my mother may also constitute an offence under the Data Protection Act.
Communicate in writing and ONLY in writing. Your telephone calls will not be answered.
HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.
I trust I have made myself understood on this matter.
Yours,If you've have not made a mistake, you've made nothing0 -
Sorry for taking so long to post again. In the meantime I took your advice and CCA'd recorded delivery with harassment letters on 9th feb 09. Most of the calls have stopped and as of the 28th it's gone beyond the statutory 12+2 days for the CCA.
As of today this is what's been received:
Barclaycard (formerly Morgan Stanley) - Nothing yet
CITIcard/1st Credit DCA - Nothing yet
HFC John Lewis - Nothing yet
HFC Marbles - Nothing yet
MBNA - Nothing yet
Next - Unsigned CCA
LTSB - Unsigned CCA
EGG/ARC DCA - Signed CCA
M&S - Signed CCA
RBS - Signed CCA
Few questions for you:
1)Nothing yet: Should I wait for a further 30 days or send an In Dispute letter immediately now the 12+2 is up? would you have a template?
2)Unsigned CCAs - have had strongly worded letters with these docs stating that they have supplied the required 'true agreement' or 'executed agreement' (despite the lack of signature) and are reminding us to pay up. Unenforceable scare tactics or worth scanning these on for you to have a look see before refuting? Again, any template letter?
3)Signed CCAs - I have read a few threads regarding signed copies that are still unenforceable due to required info missing, is there a definitive list of what should be on there and the format the agreement should take so I can argue their validity/enforceability?
4)Income Expenditure Forms - I've been avoiding sending formal IEs out due to my variable earnings leaving me with between £100-300 available each month to pro-rate between all with little proof of regular income. However it seems I may have no choice but to send a CCCS ratified IE to Arc at least for the Egg debt. If I contact CCCS will they insist on contacting ALL the DCAs CCs etc.? I would prefer to just send IEs as a last resort i.e. to those that have supplied docs but would it be better to send the same one out to all at the same time? Do they talk to each other to check the amounts being paid to each other? (One of my loans is linked to my bank so I'd prefer not to alert them to a problem and keep paying the contracted payment (they have our main account and are our mortgage provider))
Apologies for the wordiness, been brewing on this for a week or two.
Any help however brief/partial would be great.
Cheers CC0
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