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Debt Company Demanding Financial Info

Hi, wondering if anyone could help with some advice.

I have a debt being recovered by BCW which I have been paying off for almost 18 months. I was late with a payment in March 2012 and also missed a payment last week. I have called to make the payment and reset the direct debit but they are saying they want either payment in full or to increase the payment amount by£30 a month.

It was completely my fault for missing the payment. I just miscalculated and left myself short. I can make the missing payment, but can't afford to pay the extra a month, only what I am normally paying.

Do they have the right to demand financial information from me to prove this?

I'm not entirely sure where I stand on this and don't really want to put my trust in the guy barking instructions at me down the phone.
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Comments

  • michael1983l
    michael1983l Posts: 1,916 Forumite
    edited 16 April 2013 at 2:50PM
    First of all, don't call them and only communicate in writing.

    Secondly you are under no obligation at all to give them that information. If you think that by providing that information it will improve your situation, then you can supply them with it but only a judge can demand that type of information.

    I would write to them and politely tell them that you can afford £xx.xx amount and say that you are going to continue to pay this as this is all you can afford.


    You do not have to negotiate with them. If they want any more their only option is to take you to court which would be costly and foolish for them to do as you are attempting to pay.
  • Thank you Michael. I will follow your advice and write to them. Hopefully a better experience than speaking to them on the phone!
  • PandaPDQ
    PandaPDQ Posts: 6 Forumite
    First of all, don't call them and only communicate in writing.

    Secondly you are under no obligation at all to give them that information. If you think that by providing that information it will improve your situation, then you can supply them with it but only a judge can demand that type of information.

    I would write to them and politely tell them that you can afford £xx.xx amount and say that you are going to continue to pay this as this is all you can afford.


    You do not have to negotiate with them. If they want any more their only option is to take you to court which would be costly and foolish for them to do as you are attempting to pay.

    I'd say you are better off NOT offering to pay any amount, otherwise you are admitting liability.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Trajal
    Trajal Posts: 550 Forumite
    Debt-free and Proud!
    PandaPDQ wrote: »
    I'd say you are better off NOT offering to pay any amount, otherwise you are admitting liability.

    He's been paying it off for 18 months, I think that ship has sailed mate!
    Debt free, moved, got new stuff for the new flat - got everything I wanted and need - now just saving.
  • michael1983l
    michael1983l Posts: 1,916 Forumite
    PandaPDQ wrote: »
    I'd say you are better off NOT offering to pay any amount, otherwise you are admitting liability.


    :wall:


    Did you actually read what they posted?
  • You are under no obligation to supply the DCA with any information, but neither is the DCA under any obligation to listen to you.

    You need to negotiate a figure with them that you can genuinely afford, and that they will agree to.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • michael1983l
    michael1983l Posts: 1,916 Forumite
    You are under no obligation to supply the DCA with any information, but neither is the DCA under any obligation to listen to you.

    You need to negotiate a figure with them that you can genuinely afford, and that they will agree to.


    There's no negotiation. You write to them, this is all I can afford £xx.xx take it or leave it.
  • There's no negotiation. You write to them, this is all I can afford £xx.xx take it or leave it.

    And if the DCA say no, and take it to the next step.........?
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • michael1983l
    michael1983l Posts: 1,916 Forumite
    And if the DCA say no, and take it to the next step.........?


    Either continue to pay them what you said you can afford or bring the payment down to a £1 token payment to force them to comply or bring it in front of a judge.
  • Either continue to pay them what you said you can afford or bring the payment down to a £1 token payment to force them to comply or bring it in front of a judge.

    And the judge can force the OP to produce his financial statement, which is what the OP doesn't want to do. Back to square one!
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
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