Lifestyle Report - am I legally required to answer?

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Direct Legal Collections have written to me requesting I fill in a "Lifestyle Report", aka income & expenditure statement. I called them asking whether I was legally required to provide this information, as I didn't think I was. They said I am required by law to do so, I am sure this is wrong. They also say that Coventry Building Society, my former lender, have proven my debt - how, when they have not taken me to court for the shortfall. Am I being misled by DLC?

-- steve barry (steve.barry@ntlworld.com), March 19, 2002

Answers

Hi Steve,

No, you are not legally required to fill out any form for I&E sent by these people.

I should ask them to put their statement in writing - I bet you they won't comply.

Stephen

-- (stephen.pooley@ntlworld.com), March 19, 2002.


Hi again,

I am assuming you are taking the advice of this site and are asking for all documentation in relation to their claim.

Their statement "the lender has proved the debt" is a standard response from these people. Another dubious one being "the fact that you had a mortgage proves the debt", which obviously doesn't prove anything - so don't worry about it.

They are just trying to muddy the waters and beat you into submission, so don't give in - please.

Good luck

Stephen

-- (stephen.pooley@ntlworld.com), March 19, 2002.


Hi, Thanks for responding. This whole thing seems distinctly "not quite right". First, Coventry BS contact me after nearly 6 years regarding settlement. They threatened legal action, which quite honestly I would have welcomed as I believe I have a good case for getting the debt substantially reduced, based upon underselling of the property, the society's unreasonable demand for a 400 per month payment to avoid repossession (I was unemployed at the time) and the length of time involved . Now they sidestep legal action by passing the case to a collector. The collector says that if I do not return an I&E statement, they will send an agent to my my address, to (quote) "obtain the information, including documentary evidence", which seems to me to be at the very least an invasion of my privacy. To complicate matters, however, I now have assets from my late parent's estate, which I do not want the BS to get their hands on. Not greed on my part, I would be happy to see the end of this after more than 6 years, it was their wishes that Coventry BS would not profit from their death (there isn't enough to satisfy the full debt at any rate). This leaves me unsure as to whether I should take advantage of the lack of legal obligation in an I&E statement from the collector, and inform them only of my earnings and see how much Coventry will reduce the debt voluntarily (they have already intimated they are willing to do so) or whether I should chance my arm and risk being made bankrupt/sued whatever for the whole lot. Once again, thanks for responding, sorry for the lengthy reply.

Steve

-- steve barry (steve.barry@ntlworld.com), March 19, 2002.


Hello Steve,

Go into the Repossession section of this site and read it and read it. It is full of very valuable information, collected and collated through the experiences of many, many people.

Don't allow these shysters to bully you.

One of the first things to do is to S.A.R.N. the lenders - see on the re-po section what this means, what it will do for you and how to do it.

Good luck.....Joy

-- Joy Harker (fightingback@harker.go-plus.net), March 19, 2002.


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