Is this Right?

peteb93

My partner recently got a court letter saying she had to pay a debt in full at the end of the month.After she had sent a letter in with her incomings and outgoings on it and offering them a monthly repayment

When she rang the company obviously very upset because she has just come out of hospital and we havent got the kind of money they want and also the thought of baliffs coming round terrifies her.
They did another budget assessment and said we have a £1000 a month spare.There are 3 of us living here my partner who is on PIP and DLA,myself who gets Carers Allowance and my disabled daughter who gets PIP and DLA.
They included all our benefits in the budget assessment.
Surely this cant be right because the debt has nothing to do with myself or my stepdaughter.
My partner is very stressed over this as i say she came out of hospital on Christmas Eve but also if she gets overly stressed she is very liable too suffer a stroke.
We are going to ring the CAB but i thought i would post on here first.

chevalier

no I don't think it is right especially not the daughter's. good call on contacting the CAB.

is the debt they are chasing secured or non secured?

ada-or-ardor

What a horrible situation. CAB and even the other charities like Stepchange or National Debtline might be able to help? Stick to your guns and just take care of your partner, I don't think this is right so stay strong and get some practical advice :-)

Best of luck,

Ada

fermi

"They?" Who?

Who did you return the court papers and income forms to? The court or the creditor/collector who started the claim?

Who is exactly telling you what?

sourcrates

As Fermi said above, Just a bit more clarity required on who you've been speaking to, has the court actually made judgement ?

And who is the company involved ?

You don't have to dance to there tune, you pay what's affordable, no more.

peteb93

sourcrates wrote: »

Just a bit more clarity required on who you've been speaking to, has the court actually made judgement ?

And who is the company involved ?

You don't have to dance to there tune, you pay what's affordable, no more.

Hiya ive found the letter my partner recieved its from the County Court Business Centre.The actual debt is with Capquest Investments Limited and my partner rang the solicitiors who she has to make the payment too.The last time she rang them the lady she spoke too asked for her to list her incomings and outgoings then when that was done she said we had over a £1000 a month spare so Capquest wanted the payment in full.
Hope this clarifies things a little

sourcrates

So has this actually been to court yet ?

You should never list your budget over the phone on demand, in circumstances like that, you are bound to make mistakes, miss things out, its inevitable.

What your partner should of done was say, i will calculate that for you and get back to you.

Ideally you should do the budget again, on paper, calculate it so that the amount remaining corespondents to the payment you wish to make, then put it all in writing to capquest, never, ever ring them in these circumstances, its all too easy to make mistakes.

If the debt is in just your partners name, then its only there income thats important, do not include yours.

National_Debtline

Hi

Without knowing more details it’s difficult to advise as the others have said, but you should be able to apply to the court to set fair affordable instalments if the claimant hasn’t accepted your offer. The specifics on how you go about doing that will depend on exactly what has happened so far. Did you receive a court claim form and respond making an offer to pay by instalments?

Give us a call if you have any difficulty seeing a CAB adviser today as we can advise you on your options.

Your daughter’s benefits shouldn’t be classed as your income, and when it comes to your own PIP and DLA it can be accounted for under categories such as adult care costs, or perhaps you might need to use taxis or have special dietary requirements etc.

James
@natdebtline