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Order to Obtain Information

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  • Order to Obtain Information

    Hi, I've been reading some of the posts on here with interest. It's a credit to those that have information and experience that are willing to share it to help others, I will hopefully be able to do the same in the future.

    With that being said I would appreciate any advice I can get. My situation in brief is.

    About 9 years ago I foolishly co-signed on a business lease for some vehicles with a guy who on the face of it seemed like he had everything, he promised me wealth and filled my head with all sorts of crap and then decided to disappear, stop paying for the vehicles and went bankrupt ultimately leaving me with a CCJ in 2008 as I decided that going bankrupt was not the right thing to do. I have ended up paying £50 per month since then and have never missed a payment. I can remember filling out and income and expenditure but cannot remember if this was for the court or the creditor following the CCJ hearing.

    Fast forward to now and last week I received a letter saying they would like to look at my last 3 months payslips my bank statements and also my partners.

    My partner and I started really seeing each other in 2011, I have not really gone into detail about this looming debt (now at £35,000) as she has had panic attacks in the past and I do not want to worry her or indeed involve any loved ones.

    I spoke to National Debtline (NDL) who were very helpful and told me that I must initially find out if my payment agreement is with the creditor and not the court, if with the creditor I must make arrangements with the court via the N245 form.

    In regards to sending back my income and expenditure form NDL said I should just send this and nothing else as the creditor does not have the power to ask for my payslips and bank statements never mind my partners.

    After doing research I see that a creditor "The claimant can apply for an order to obtain information at anytime, even if you are not behind with your payments." therefore my question is what's the point in not sending my details as a creditor can at any point in time ask for an Order To Obtain Information? Should I just send my payslips and bank statements so they can see how little I am actually earning?

    Any advice would be greatly appreciated, I need to action this in the next day or so!
    Tags: None

  • #2
    Re: Order to Obtain Information

    Hi welcome to LB,
    Who has sent the letter please?
    NDL will give advice that is the " easy way" just give in and do as asked.
    I would refuse to supply your partners information in any case as she was
    not around when the alleged debt was incurred.

    nem

    Comment


    • #3
      Re: Order to Obtain Information

      Originally posted by nemesis45 View Post
      Who has sent the letter please?
      Would rather not say as if they scour these forums which I'm sure they will do the info will surely highlight who I am to them, I know that is probably a bit cautious but experience has now taught me better safe than sorry...

      Originally posted by nemesis45 View Post
      NDL will give advice that is the " easy way" just give in and do as asked.
      Just so I am clear, NDL have told me to give them nothing and just to tell them I will continue making the payments.

      My question is, what's the point if they will just issue me with an Order To Obtain information and I will be down at court giving all the info that will then just get passed across to the creditor?

      Comment


      • #4
        Re: Order to Obtain Information

        Originally posted by Demosthenes View Post
        Would rather not say as if they scour these forums which I'm sure they will do the info will surely highlight who I am to them, I know that is probably a bit cautious but experience has now taught me better safe than sorry...



        Just so I am clear, NDL have told me to give them nothing and just to tell them I will continue making the payments.

        My question is, what's the point if they will just issue me with an Order To Obtain information and I will be down at court giving all the info that will then just get passed across to the creditor?
        You are anonymous here, know who is chasing the disclosure of the income details will help
        us to assess the best advice for you.

        I would ignore personally, you can reply if you wish stating that you will not disclose
        a 3rd parties I & E details or person private banking information as the 3rd party has
        no liability for the alleged debt.
        No doubt the writer of this demand for information will bleat about " household " income.

        If they decide to pursue an order, then your partner can decide to comply or take it up with
        a judge re her not being in any way involved with the alleged debt.

        nem

        Comment

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