SOA help needed please. This is for county court.

silent_night

I have to fill out a statement of my affairs for the county court.
This is on an N56 form and I have to put expenses which i pay from my own income.
I work part time.
This debt is mine not any thing to do with my OH.
With my monthly income I have included child tax credits and child benefit as I receive these. My husband doesn't have any thing to do with these, I use them to pay for our living expenses.

This is what I pay out from my wages, child benefit and child tax credits.
could anyone advise me if they think these would be accepted by the court?
Perhaps some one who has been in the same situation.
I have looked at loads of SOA for BR. But from what I can gather BR is not as strict.
Seems unfair as we all have to live.
here it is any way.
Remember this is what I pay, OH pays everything else, he also pays to wards the housekeeping as my contribution does not cover it.

Monthly payments.
£106. council tax
££35. water
£32. phone inc. mobile
£15. Prescriptions and health cost, dentists, opticians, I wear glasses, prescription charges.
£30. kids clothes. I have TWO CHILDREN
£375. for housekeeping. Have two adults and two children in the household.
After paying these I would have £12.00 a month to offer as payment.

Could some one comment as I have to get form posted ASAP.
Thanks

VanillaDelia

Your house keeping is high considering your other half puts some in to it as well. I dont know if the court will allow so much for 4 people even just based on your £375.

silent_night

Hi thanks
The court form says Housekeeping, In this I have included, laudry, cleaning, food, This is two adults and two children
I actually spend more as OH pays it.
The court will not know that though.
Is your reply based on a personal experience.
Thanks

Ps. the housekeeping works out at £86. a week for four of us

earplugs

Hi Silent

For the court forms you need to put the household income in so i would put in what your OH pays, but i'd leave the amount for housekeeping as it is. Your housekeeping figure is within what the British Baners Association would accept so i would keep it at that.

Good luck, if you need any further help, post us.

I'd put in what your rent/mortgage is plus what you/OH pay for gas/electricity.

I'd also put in your child benefit and child tax credit payments in your income. The courts will look at this but will take into consideration that this money is for your two children.

silent_night

HI earplugs, i have included OH income in the household income section & benefits.
I have included the child benefit and child tax credit as I posted earlier,
The court said that I put OH income, mine, benefoits and any other income or money any one gives me, last two do not apply to me,
For the expenses they said I put what I pay from my income, I have included in my income the benefits and this is what I pay.
It states on the form
Section 6,
Expenses, DO NOT include any payments made by other members of the household out of their income.
It then says....
I have regular expenses as follows...

I would love comments please.
i am confused
My husband does not in all honesty want his expenses included as it is not his debt.
Some wives may not even know what the OH spends there cash on.
If asked I can sho I spend this as it is true.

I should add I would write that my husband pays all the other expenses that i have not listed.
Thanks for your replies

earplugs

Hiya

Ive just looked at the N56 form. Its because the creditor is asking for an attachment of earnings. Do you want them to take a monthly contribution out of your wage to pay off the debt? You are right though that you only put in your income, not your other half. I'd put in the amounts you put in on your first post (sorry to have confused you with my last post, my fault soz).

If you feel that you can afford to pay £12 every month for the debt then you should complete section 10 of the form and make a monthly offer and ask for the attachment of earnings application to be suspended. This means that if you don't pay the £12 every month, then the creditor will be able to get the attachment of earnings order enforced against you. Only put in £12 per month if you can afford it though, don't feel pressurised into putting an amount in that you can't afford at the moment.

silent_night

High thanks, please don't apologise, you are helping, I see you are an ex cab worker.
your help is really needed
To clear up the matter.
I phoned court she said, Put My husbands income in as it asks for it but only put the expenses I pay.

After they go through the form they will see all thats left from my income and child benefits included is £12. a month.
they will then see the £1200. a month from the income part is my husbands wages, which should be ignored its not his debt.
I will ask for it not to be taken from my wage due to lack of promotion if it is taken through my employer.
I did try to ask Claimant to pay by installments when the court claim came but this and a second request were ignored.
I will write covering that the amount left over in the income section is my OH wages.
I do feel pressurised to paying this, some times I will have to take it out of House keeping.
I never get clothes or hair cut, it all goes on teenage daughter and 8 year old son, Thats if there is any extra ever.
I try and buy good food for the growing kids.
I don't have any luxuries, no holidays, apart from last year and my parents paid for holiday for me and kids only. OH stayed home.
Thanks earplugs.
shall I send the form as it is then, and offer the £12. a month? what do you think?

earplugs

if you feel £12 will mean you taking it out of the housekeeping I'd lower the offer to where you feel comfortable. And ask for the attachment of earnings order to be suspended.

If you do have to go to a county court hearing, i'd be telling the judge that you have tried to settle this with the claimant (if you have copies of the letters take them along), it shows that you have tried to confront the situation and rectify it but that it is the claimant who has been the one who has been greedy.

So i'd be putting in what you feel comfortable with (don't feel pressurised by anyone to put a higher figure in) and then send it off - the courts are actually quite good when they see that you are making an effort to come to an agreement, which you certainly are here. Good luck with it, if you need any help with anything else, keep posting!

p.s. yes i did mean Bankers above!!lol

silent_night

Thanks alot earplugs,
I'll go ahead and post the form.