DLA threatening court - what next???

greenspun.com : LUSENET : Repossession : One Thread

After 7 months of asking DLA to see proof of their claim for 25,000 (on behalf of Abbey) and being refused any supporting documentation, I have now received a letter demanding the completion of the income and expenditure form within 14 days or they will start court proceedings against me. Luckily for me I have followed the info on this site and know not to panic and send this form back!

But, what next? I feel like telling them to do their worst as I have no assets, savings or disposable income to give them and if it goes to court will have to declare myself bankrupt, but surely they already know that?

The house was repossessed on 15 February 1996 and I'm wondering (as it was bought under Scottish law so they can only seek recovery for 5 years) whether the 5 years is up on 15 February this year? If so surely they cant take me to court?

Any advice on this or what to go back to them with now would be greatly appreciated! Thanks.

-- Jo Berry (foxwood60@aol.com), January 18, 2001

Answers

In my opinion you should reply to this letter - and all letters that fail to answer your requests - by politely restating your request in writing again.

Add a paragraph noting that you made this request in letters dated xx, xx, xx and xx and that you will be able to help DLA as soon as they supply the information. This will politely let any judge know exactly what it is you have had to deal with.

Then sit back and wait. If you want to be a little more proactive, you could sit back and wait after reading the Litigation Handbook (details in the Who Helps? | Books that Help section of this site) on preparing defences and counterclaims so that you are more prepared should DLA really feel like taking you on.

I suspect they won't but that depends on your circumstances.

Lee

-- Lee (repossession@bigfoot.com), January 18, 2001.


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