i refused I&E form so DLA want £189pcm for 25yrs!greenspun.com : LUSENET : Repossession : One Thread
Been fighting DLA over an alleged 56k shortfall since 1999, SARNd them, quoted IC, CPRs, etc, followed every bit of advice on this site - all to no avail, it seems. My "refusal to co-operate", in that I did not wish to complete an I&E form, has now led to them demanding £189 a month for 25years, starting 30/9/02. DLA say that failure to make these payments will lead to proceedings being served. Although I have received threats of "legal action within 7 days" for the last four years, this last letter was very intimidating and is causing me a great deal of stress, and I am at a loss as to how to respond. The property in question was repossessed in 1991, and SARN material received from C&G seems to show that a MIG was present, although this has never been mentioned by DLA. My ex-husband is not being pursued, even though they have his full details. I have been a single parent since 1993 and do not have the means to afford £189 pcm, even if I did not dispute the debt, which I do. First contact from DLA was in 1999, but I have always been on the electoral register and on DSS records, so they had no excuse not to trace me before that. I would very much appreciate some advice on where to go from here, and how seriously to take these threats. Has anyone else been in a similar situation, for such a large alleged shortfall, where such a huge monthly payment has been demanded? I thought I was doing the right thing by not completing an I&E form, but it would seem not, and I am very disillusioned, having followed all the given advice to a 't'. Please reply, and help me.
-- Julie Stamp (SALEM@STAMPDJ.FSNET.CO.UK), September 21, 2002
If you were repossessed in 1991, then in accordance with the CML agreement, the debt is statute barred from end 1997 UNLESS you acknowledged that you owed money as a result of the reposession OR your former lender is not CML member.
One way forward to consider is let them take you to court and when they get a judgment, file for bankruptcy or let them do it for you. It is worth getting the proper facts together on this because you will then be able to establish if they have a case or not (in other words, are they out of time or not)
The MIG covers the lender not you. They can still come after any shortfall subject to the new ruling - see posts further down for details.
You could possibly stall further action by contacting the former lender and telling them you don't have two brass hapennies to rub together and hope they go away - they might if you prove your lack of capital and income - particularly if you are on DSS funds.
-- David J. Button (email@example.com), September 21, 2002.
C&G adhere to the 6 year rule when they are forced to. IF (and you have to be clear on this) - if there has been NO contact or acknowledgment by you or your ex from repossession to 1999 (although I suspect they have been in contact with your ex) they are statute barred and cannot chase you for a bean. There is no judge that will give them 189 quid a month for 25 years when prsented with your circumstances as detailed. As usual, DLA are threatening the vulnerable one - the parent with the kids - because they know your options are limited when you have to provide for the children. If you are on benefits - what can they do? Have you got something they want - like a new house? Any assets? If you have then things are a little bleaker and you should seek legal advice.
Evershites, who behave as appaulingly as DLA have threatened me with everything under the sun and I have letters like the one you describe. I DID complete the I&E form just after repo, to show I had norhing and could prove it, but the Lender wrote back with a 100 quid a month demand (I had no disposable income, debts and two kids with no child support, this was totally unreasonable). They also demanded a full review of my finances every six months. My last contact was with the Lender direct and I told them to do their worst, I'd had enough.I am also the parent with the kids and they have NEVER contacted my ex. I have no money or assets and yet they persist, year after year. So I guess what I am saying is that I would call their bluff if you really have no assets. You have nothing to lose. Mr.Button has more experience than I of the procedure you will face, but given that C&G would probably settle for a couple of thousand anyway, it seems the prudent tactic to employ. The stress is awful, I know how you feel but the only way to end it is to bring the matter to a head. I wish I had done that years ago, but for me it's now too late. I wish you the very best of luck.
-- Too scared to say (firstname.lastname@example.org), September 21, 2002.
I believe that you are making a mistake by dealing with DLA at all Julie. Unless they have purchased the debt from C&G then all they are going to do is act on their client's instructions.
Take a tip from me. Write to C&G direct. Point out to them that they are members of the CML and as such have agreed to abide by that organisations policy on chasing shortfall claims. Request that they desist from pursuing their claim against you or you will take the matter up with the FSA and your MP.
I'm assuming that you really have had no contact between the repossession and 1999. Also you neeed to check that the date that the house was sold is also outside the six year limit, working backwards from their first contact letter.
If you are certain about these points then the C&G should back down. Write to DLA and inform them that you are dealing with the matter direct with C&G and copy your letters to both parties.
-- Gordon Bennet (email@example.com), September 23, 2002.
All good advise in the above answers - please don't worry too much about the threats, after all, that's all they are at present, I've been trying to deal with these people as well.
I'm a believer in "giving as good as you get". They are basing their demands on your so-called "refusal to co-operate". Therefore your reply to them should be based on their "refusal to co-operate" with you in providing you with proof, documents and answers to your questions and queries. I have learnt to fight fire with fire with DLA, and they don't like it.
Their reply may appear even more threatening, but when pushed, they can only go so far. If they cool off after an exchange of such letters and start appearing to be a bit more reasonable, do you think they have a case??
-- (firstname.lastname@example.org), September 23, 2002.
Julie If you are/have been receiving DSS financil support then obviously you wern't/aren't in a position to repay the amount requested. You may have been better completing the Income and Expenditure form without admittng any liability for the debt. This matter would then hav probably been settled by now.
-- (email@example.com), October 03, 2002.
You said that your property was repossessed in 1991, when did you first start missing payments on your mortgage ? The shortfall could be statute barred due to a recent court of appeal ruling which says the 12 year limitation period now runs from the 2nd or 3rd missed payment, subject, I believe, to what is in your mortgage contract, which a solicitor would need to check.
Berst wishes, Mark.
-- M Amos (firstname.lastname@example.org), October 03, 2002.