Restons being extremely difficult

**R0b** · 28th December 2017, 17:48:PM

Re: Restons being extremely difficult

Hello,

Did they actually say to you that you are not telling the truth in their letter? Do they have any grounds to suspect that you are inflating your outgoings?

It might be helpful if you are able to post a copy of the letter up and remove your personal info so we can see what Restons are saying. If you have given an honest account of your total outgoings there shouldn’t be an issue with you proving it should Restons want to go to court over it.

**RVCastle** · 28th December 2017, 19:02:PM

Re: Restons being extremely difficult

Thanks for your reply Rob, I’m not home till the morning so will post a copy of the letter then.

My calculations were true but I’ve read about people having similar letters from them, maybe trying it on?

**warwick65** · 28th December 2017, 20:33:PM

Re: Restons being extremely difficult

I suspect they might be using figures from what used to be called the common financial statement , not sure if that is the case still. However these are only guidelines and if there is good reason why an expenditure is higher then that would be acceptable to the court

Can I just check, you received a claim form and acknowledged the claim and also admitted it. Has there been a CCJ granted yet with either an order to pay all or in installments or are they trying to bully you into paying more than you can afford by saying if you pay the rate they want they will not add the court costs.

Just out of interest, did you offer them much less and how much did your figures show your disposable income to be

**Debt Camel** · 28th December 2017, 22:42:PM

Re: Restons being extremely difficult

Originally posted by RVCastle View Post

My calculations were true but I’ve read about people having similar letters from them, maybe trying it on?

I suggest you concentrate on what you should reply to them. reading about other people's cases is often of very little help with this.

It would help if you could post up the I & E figures you put on the court form and the letter from Restons.

**RVCastle** · 29th December 2017, 09:52:AM

Re: Restons being extremely difficult

So received this letter along with the court admission form I sent back to them. Like I said the forms were correct and I don’t see how I have a minus disposable income when I’ve calculated that I have around that amount spare after everything was accounted for

**RVCastle** · 29th December 2017, 09:56:AM

Re: Restons being extremely difficult

Restons letter

Attached Files

**RVCastle** · 29th December 2017, 10:02:AM

Re: Restons being extremely difficult

I & E form

Attached Files

**R0b** · 29th December 2017, 10:38:AM

Re: Restons being extremely difficult

So your outgoings are £1,075 which leaves disposable income of £45, and I agree with you based on what you have sent I can't see how they can come up with a negative disposable income.

If Restons enter judgment and dispute your income/outgoings then they would need to explain their reasons to the court in order for that rate to be increased. As the sum is less than £5,000 then this will be determined by a court officer without a hearing who will take into account your income/outgoings and also the reasons stated by Restons. If the rate is increased and you are not happy with it, then you can make an application to have the rate re-determined by a judge at a hearing.

Perhaps @Debt Camel may have other ideas, but I would be inclined to write back to Restons and ask them to explain how they have reached a negative disposable income of £122.67 based on the calculations you've entered on the form. The correct disposable income is £45 and of which you are willing to pay £20 per month which is what you can afford given that there are other CCJs which you have listed as already having to pay and appears they have not factored or taken into account.

You may also wish to point out that you have completed the form honestly and as accurately as you are able, and should Restons seek a higher rate of payment which you are unable to afford then you will seek to make an application for a re-determination and incidental costs.

**RVCastle** · 29th December 2017, 10:47:AM

Re: Restons being extremely difficult

Thanks for clarification on that R0b, I was sure that I hadn’t made a mistake and my workings out were correct. I will send a letter back to them along with the I&E form, stating similar to what you have suggested. Appreciate your time, thank you

**R0b** · 29th December 2017, 11:44:AM

Re: Restons being extremely difficult

I would also add that to apply for a re-determination of the rate payable, it must be done within 14 days of the determination being served on you. Assuming the determination is made by first class post, then it will be deemed served two days after the date of posting.

**Debt Camel** · 29th December 2017, 11:52:AM

Re: Restons being extremely difficult

The problem here is that you have added up the expenses incorrectly - the housekeeping and travel amounts are weekly but you have added them all up together with the monthly amounts.

If you convert them to monthly figure, the total expenses become about £1070. Your priority debts of £61 per month then takes you into negative disposable income before the other CCjs and the two credit cards are taken into account.

I'm not sure where Restons got their figures from but on what you sent you certainly can't afford to offer them £20 a month and Restons were correct to not accept this offer and to query your I&E.

Your expenses look a bit odd. Do you not have any electricity or gas bills? It's unusual to have water bills but not fuel bills.

Is the £25 a month for council tax or council tax arrears? If it's for the arrears, you haven't entered the normal monthly amounts.

Also £40 a month for children's clothing? Is this for the children you are paying child maintenence for? OR have you just put your clothing in there?

Your child maintenance looks very high for your income - is this court ordered or an informal arrangement?

Vanquis - are you paying ROP on this account? If you are, consider cancelling it and see if you can get a refund, see https://debtcamel.co.uk/vanquis-rop-refund/.

How large are the CCJs and your credit card balances? Also are there other old debts which you aren't paying which you haven't included on the form?

**RVCastle** · 29th December 2017, 12:18:PM

Re: Restons being extremely difficult

Originally posted by Debt Camel View Post

The problem here is that you have added up the expenses incorrectly - the housekeeping and travel amounts are weekly but you have added them all up together with the monthly amounts.

If you convert them to monthly figure, the total expenses become about £1070. Your priority debts of £61 per month then takes you into negative disposable income before the other CCjs and the two credit cards are taken into account.

I'm not sure where Restons got their figures from but on what you sent you certainly can't afford to offer them £20 a month and Restons were correct to not accept this offer and to query your I&E.

Your expenses look a bit odd. Do you not have any electricity or gas bills? It's unusual to have water bills but not fuel bills.

Is the £25 a month for council tax or council tax arrears? If it's for the arrears, you haven't entered the normal monthly amounts.

Also £40 a month for children's clothing? Is this for the children you are paying child maintenence for? OR have you just put your clothing in there?

Your child maintenance looks very high for your income - is this court ordered or an informal arrangement?

Vanquis - are you paying ROP on this account? If you are, consider cancelling it and see if you can get a refund, see https://debtcamel.co.uk/vanquis-rop-refund/.

How large are the CCJs and your credit card balances? Also are there other old debts which you aren't paying which you haven't included on the form?

Ahh, yes that is more than likely what’s happened there in regards to weekly payments instead of monthly.

As as for the utility bills, I split up with my partner a few months ago now and rent a room from a friend. Basically pay a set weekly rate and all bills are included apart from shopping. The council tax payment is arrears from my previous relationship and same for the water.

The maintenance is is an agreement between myself and 2 ex’s, I pay for their school uniforms, after school activities etc on top of the monthly maintenance payments, I know this may seem a lot but I’m happy as it means I get to see my children frequently with little resistance.

CCJ’s aren’t big at all, first one was £750 and the next was £1600, credit cards all under £1000, so nothing major just trying to juggle smaller debts. No other debts which aren’t listed.

**Debt Camel** · 29th December 2017, 12:54:PM

Re: Restons being extremely difficult

The maintenance is is an agreement between myself and 2 ex’s, I pay for their school uniforms, after school activities etc on top of the monthly maintenance payments, I know this may seem a lot but I’m happy as it means I get to see my children frequently with little resistance.

I am sorry but it is significantly more than you can afford. This is the only obvious place you can save money (unless there is an option to move back to your parents and live rent free?). So your options are:

1) reduce the maintenance payments a lot
2) earn more money (overtime? second job? change to better-paid job?)
3) consider a debt relief order - this is a form of insolvency, see https://debtcamel.co.uk/debt-options/dro/. It may not seem as though you have a lot of debts, but with 2 CCJs already, this new one, 2 high-cost credit cards and a couple of other priority debts that is too much for you to manage.

(Actually strictly the old water debt isn't a priority debt, but if you don't deal with it it will be another CCJ!)

Restons being extremely difficult