DC company wanting updated financial details

Sealtainn

Hi,
I had a CCJ way back in 2004 and at the time was earning in excess of £28k a year and so had an Attachment of Earnings. Shortly afterwards I was at home looking after the children due to my wife being ill, I went back to Court and explained the situation and they reduced my payments to £20 a month (this was in 2005) and to ensure I didn't accidently miss a payment I set up a Standing Order and this has been running ever since. They sent me a letter today saying they wanted me to fill out an updated Income & Expenditure form within 14 days. Can they do this? I have not missed a payment and I would rather leave it at it's current level. I tried to offer them a F&F settlement a couple of years ago and they refused so why should I go out of my way to make sure they get the remainder any quicker?

Tixy

They can ask, but you don't have to provide an I&E to the debt collector. Only if they went back to court, then a court could require you to produce that information.

So you could either ignore, write back to say your circumstances haven't changed, or some people will simply offer the creditor a small increase (if they can afford to do so) but not complete the income & expenditure.

Is interest being charged on the debt? what sort of balance is there currently?

rizla_king

Dear DC. I will continue to pay the monthly amount ordered by the court and so will not be returning your I&E. Cheers.

Sealtainn

Thanks for the replies, Rizla King - that's pretty much what I was thinking of sending them. Tixy - there is no interest being charged on it and there is currently £1,700 outstanding. I could up the amount they get a month but as the refused my very reasonable offer of Full & Final, I am of the mind of telling them they can bloody well wait at £20 a month

Sealtainn

I was thinking that they would have a difficult job getting it back in Court as I have not missed any payments so what grounds would they have - or can they simply put it back in front of the Court for no other reason than they want the money quicker?

National_Debtline

Hi Sealtainn


A judgment creditor can apply to court for a "variation" of the judgment terms i.e. a change in the instalment rate. However they would have to pay a fee for doing so and it is highly unusual, even more so when the judgment in question is as old as this one! I would stick my neck out and say there is virtually no likelihood of this happening. They've asked you for an updated I & E as they simply want to try their luck on the off chance you can/will pay it off more quickly. No obligation on you, though.


They can also (in theory) serve an order to obtain information on you - but again, this is very rare and there are no specific reasons I would expect it to happen here.


The CCJ will be long gone from your credit file and so I would be inclined to simply plod along with your existing payments for now.


Dennis
@natdebtline

happy_bunny_2

You could write and say nothings changed, you can only afford what the court ordered. However, a family member offered me x to settle this debt full and final blah...if interested, I'll see if this offer still stands. In case they are a bit short of cash and need to get funds in ASAP...

rizla_king

National_Debtline wrote: »

They've asked you for an updated I & E as they simply want to try their luck on the off chance you can/will pay it off more quickly. No obligation on you, though.

Precisely. :cool: