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Mortimer Clarke income and expenditure form

Hi everyone

I have made a payment offer to Mortimer and Clarke solicitors for a MBNA debt. They are insisting I need to complete an income and expenditure form. 

I have told them in an email what I want to pay £15 per month. This MBNA debt was a debt where I won a case for unaffordable lending. In the note from from ombudsman. They say MBNA need to work with me for an affordable payment plan. I don't particularly want to fill in this sheet as it asking about my property and personal details. Can I just start paying the amount rather than complete the form? 

Thanks
Debts Jan 2024 : £105000!!eek!!
Debts Sept 2024 : £81000
Debts Oct 2024: £73600 


Comments

  • Grumpelstiltskin
    Grumpelstiltskin Posts: 5,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 11 November at 6:32PM
    Yes you can, they can't force you to complete an I & E.

    You can if you like fill in an I & E that isn't honest and you doctor it to arrive at only being able to pay £15
    If you go down to the woods today you better not go alone.
  • MattMattMattUK
    MattMattMattUK Posts: 11,792 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    You can, but they could also take the legal route to discover the debt if they feel you are not cooperating.
  • sourcrates
    sourcrates Posts: 32,083 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 14 November at 12:35PM
    Remember, this is all just a game to play with them, the form is just a means to an end to get what you want.

    Just fill in the bits that are relevant to you, so it looks as though you gave it some thought, and make certain it shows £15 is all you can afford, its quite easy really, you don`t have to back it up with proof, you only need tell the truth if you are in an insolvency solution, otherwise anything goes.

    Just use your imagination, they have to send out these forms to show they are doing due diligence with regard to affordability, its a box ticking exercise, nothing more than that.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • tigergambit
    tigergambit Posts: 266 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 12 November at 12:25AM
    Don't overthink this - principal reason they want these forms is to prove that they have followed due care. Just make one up as Sourcrates says, but be sure to keep a copy so that you can adjust it for next year.
  • Thank you everyone 
    Debts Jan 2024 : £105000!!eek!!
    Debts Sept 2024 : £81000
    Debts Oct 2024: £73600 


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