Mortgage Shorfall Debt Collection

greenspun.com : LUSENET : Repossession : One Thread

Property VOLUNTARILY surrendered in 1994?

I recently received a letter from JDL HOlDINGS LTD, P.O.BOX 109, BENFLEET, ESSEX,SS7 2WE (J D L ID number: 700107808) The letter is from Graham Cole dated 17 September 2002 - Personal Account Manager 08457-413807 Acc no: 572104305 - their say their Registered Office is: Friend Boyden, 1st Floor, Pembroke House, Pitsea, Essex, SS13 1DX (REG NO 3754133) They are claiming "immediate recovery" of 26,692.59, ("passed to them from Capital Home Loans")in order to "avoid serious collections activity"

They are urging immediate contact - I have not contacted them.

I made a search on your database and drew a blank on both addresses. in the search result,what does the prefix "f" indicate and what should I do next. I was told by telephone that once the house was surrendered that would be the end of the matter and that a Mortgage Indemnity Guarantee would cover in the event of any shortfall.

This was previously dealt with by Messers Eversheds Solicitors

Kind regards

David Martin Davies

-- David Martin Davies (MartinDavies@angelfire.ws), September 24, 2002

Answers

Not sure what you mean by "I made a search on your database". We don't have a database of this kind.

Can you explain what you mean in a bit more detail - include links to the database and results page that you mean and we'll try to work out if and how we can help.

In terms of your shortfall, you need to read the Do's and Don'ts pages in the Repossession section that is linked on the left of this page as your starting point.

Good luck.

-- Lee (repossession@home-repo.org), September 24, 2002.


I'll give you some databases / useful places to look Martin:

First off you need to know just who you're dealing with 'cos at the moment JDL are hiding behind a PO box address: Use the Information Commissioner's database at www.dataprotection.gov.uk (click "The Register of Data Controllers" on the menu at the top of screen and you will be taken to a page with a "search register" button part way down). Here you can search the IC's database of Registered Data Controllers using various useful fields: So for example if I enter the name JDL Holdings we get:

Name: JDL Holdings Ltd (other names: JDL Holdings Limited) Address: 1st Floor, Jackpot House, 340-342 London Road, Hadleigh, Benfleet, Essex, SS7 2DD. Purpose 1: Private Investigation Purpose 2: Debt Administration and Factoring

ok Good start. You have their real address ie their trading address and, most inportantly, one to which you can send registered mail. You probably will have read this site by now and realised for yourself that you need to SARN JDL Holdings Ltd. It is vital you post your SARN application to the address they have registered with the IC ie as above "Jackpot House" otherwise you give them room to argue that you have not served the notice properly. On that subject, be careful of including a tenner in the first application letter: I once did (not with JDL) and received the SARN no charge; the tenner was deducted as an instalment payment from the alleged balance, which can have all sorts of adverse legal implications. Safer to follow (Lee's?) pro-forma SARN application on this site, which defers payment until they advise you how much. Means a delay, 'cos the 40 day clock won't start ticking until they receive any fee; but much safer! OK so let's take it as read you're going to SARN JDL.

Onwards to the Registrar of Companies' database at www.companieshouse.gov.uk/ Click "Company Information" on the menu. A company search of JDL Holdings (the basic searches are free) reveals:

JDL Holdings Ltd Co registration no: 03754133 (your post contained that number) Previous names: JDL Financials Ltd 13/12/00 (date the name was changed) incorporated (the date the original company was formed) 19/4/99 It also tells you other background info The company's registered office is listed as: Pembroke House, 11 Northlands Pavement, Pitsea, Basildon, Essex SS13 3DX ie the same address as Friend Boyden in your e-mail (except your e-mail gave 1DX as the latter part of the code - 3DX is the correct postcode). It's quite common for a company's registered office to be their solicitor's or accountant's address (the latter in this case). We'll find out about Friend Boyden in the next para. So far as JDL Holdings are concerned I believe that their principal director is or was one John Douglas Lewis. Nothing much else on the company except it is listed (elsewhere) as both a "small" and "independent" company (it's handy to know your opponent's size and weight: it'll help you predict their responses and behaviour). Anyhow, you must now perform a company search on JDL; particularly for the names and addresses of the directors (do it via the companies house website address above: there's a search fee payable). Look at their other directorships (esp any interest in Friend Boyden). Check the disqualified directors list; and consider whether anyone eg Mr Cole may be acting illegally (say as a shadow director - outside the scope of this post).

Take a look at Friend Boyden. Companies House first: Friend Boyden Accountancy Services Ltd. Co Registration no: 03597714 Registered Office: c/o Friend Boyden & Co (hmm no Limited - flag it) Pembroke House, 11 Northlands Pavement, Pitsea, Basildon SS13 3DX (note 3DX not 1DX). incorporated: 14/7/98 Well you can see the rest for yourself. I can also tell you that the company's status is both small and independent. Again, perform a directors search via the companies house website, as above with JDL Holdings. I flagged the Registered Office: note the c/o Friend Boyden & Co (but no "Limited"). That's because Friend Boyden & Co are a separate unincorporated business at that same address. A google scan reveals them to be Certified Accountants (might only be a single accountant) tel 01268 550000. Telephone them to find out whether they are still certified (or "chartered certified" as more commonly known). If so they must adhere to a strict code of practice and high ethical standards as laid down by their professional body, under penalty of being struck-off. I am always suspicious when such a highly scrupled firm forms a separate arm (in this case their limited company) to deal with the dirty linen. Anyhow, Martin, you should have no trouble establishing the link between Friends Boyden Certified accountants and Friends Boyden Accountancy Services Ltd. Now go to the website of the chartered association of certified accountants (I don't have their address handy) and arm yourself with a copy of their members code of conduct. Once you have established the link you should apply the same high ethical standards to the limited company as apply to the certified accountants - complain to the ACCA about their member if not. that'll pull their teeth). Finally, if you need to double-check a certified accountant's membership (or match him to your company search results) go along to a main library - they have annual publications (books usually) issued by most professional bodies that give personal names and addresses of their members (you won't find this online). Careful he's a certified accountant and not a certified bookkeeper - different organisation, not subject to such stringent rules as accountants.

Phew! Now return to the IC's database of Registered Data Controllers. Enter the postcodes for Friends Boyden's address; you will get a list of other companies who apparently reside there. Some look like debt- collectors. Similar results if you use just the address field to search (say "Pembroke House, Essex"). Some are clearly Friends Boyden's clients; others look like they occupy the same building. No Friends Bowden though! So get on to the IC (write to the IC's office, and enclose a copy of JDL's letter. And give the IC the details of both Friend Bowden companies, each should have a separate registration, since legally they are separate entities, and supply FB's phone number. Enquire as to whether or not either/both FB companies are registered as Data Controllers - hefty fine time if not!).

You can have great fun reporting companies who are not registered with the IC - nearly all should be registered - and getting them fined. I entered "Jackpot House" on Google and came up with a firm called "Sybernet Exchange" tel 01702 555088 who trade from the top floor of Jackpot House (remember JDL operate from the first floor, the address they have listed with the IC). Why not telephone them to verify whether JDL haven't moved office? Doesn't hurt to double- check. Then tell them you cannot find them on the IC's register of data controllers (I couldn't!) and grass them up. They'll blame JDL. Get the idea.... become JDL's hot potato!

Ok,Consumer credit Licence: Go to the Office of Fair Trading's website at www.oft.gov.uk/ and fish around for the Consumer Credit register (it isn't online as yet, and you will be referred to a telephone number 020 7211 8608 on which you can perform basic searches free. So check whether JDL's consumer credit licence is sound: is it on their letterhead? How about Friends Boyden? Certified accountants may have a blanket consumer credit licence courtesy of their professional body: but it certainly wouldn't cover their limited company. In short check out all their registrations. Big stick for them if they fall short - criminal offences no less! Always worth checking CCL's.

Finally JDL's professional body: I checked them out on the CSA's website (Credit Services Association) at www.csa-uk.com/. A sdearch of their members list reveals that JDL are indeed a member firm of that august body. They're listed at Jackpot House, Tel 01702 427300 & fax 427301. There's a contact name, a Mrs Janina Lewis, who evidently can be reached via e-mail janina.lewis@virgin.net. She might well be a Director; although as i already told you I think John Douglas Lewis (her hubby?) is more likely to be the "JDL". Wonder whether he resigned when the company changed name? If so there might be some dirt to dig. I digress. The CSA's website also reveals, via its coded letters, that JDL's "services" are listed as "Consumer (so they DO need a consumer credit licence); Business to business; and Tracing". Finally, I suggest you print out a copy of the CSA's members code of conduct. A section are in the form of guidelines rather than hard and fast rules: but a jolly useful stick with which to beat JDL if they so much as step-out-of-line.

Hope these sources arm you with the data you need, Martin. Might also be useful to others. There's an awful lot for you to do here: realise that it will take/weeks months to implement. If I were you I would read all about SARN's on this site and then start with a SARN on JDL.

Bon Chance, Darius

-- Darius de la Ronde (DARIUSici@aol.com), September 27, 2002.


Moderation questions? read the FAQ