JDL Holdings new threatsgreenspun.com : LUSENET : Repossession : One Thread
hi My wife has been in correspondance with JDL Holdings on my behalf since nov 02. She got permission to do this with this company as I have been depressed over this matter.The latest correspondance states that my request for the: evaluation report is N/A MIG Policy N/A Terms and condtions of MIG Policy IS N/A Marketing Material is N/A Endowment policy and anything relating is to be referred to endowment policy. The morgage deed was cancelled upon sale and returned to land registry.
Marketing material is N/A
money judgement not obtained. There is no records of telephone conversations or letters of resale. Further to this they only set a data base with scant info on and said this is all we are entitled too under the data protection act. They say because we filled in an i&e form this is proof i am liable and are threating to take me to court for an attachment of earnings very shortly. Further more they are not refusing to enter into litigation by correspondance with my wife as they are saying she has protracted the matter. Any advice would be very much appricated and welcome on this matter Many thanks David A
-- david armitage (firstname.lastname@example.org), March 05, 2003
the mortgage deed they are referring to is the Title Deeds, but these are very different to the Mortgage Deed. The mortgage deed sets out the terms and conditions of your mortgage and will give the relevant info re when the lender can pursue for reposession after any default.
Anyway it is clear that they don't want to co operate with the requirements of the Data Protection Act and in this case you could now make a complaint to the Information Commissioner. They will investigate your complaint (that they are not supplying info as per the Data Protection Act) and take steps to make sure you get it. They do take some months to investigate and it might give you some breathing space. It will also demonstrate (if the matter gets to court that they have not been co operative and this should discredit them in court).
You could write to them again (recorded delivery) and give them a list of everything you want, telling them that if they do not comply you will proceed with your request for an assessment via the Information Commissioner. By doing this they will know that they are not frightening you but keep your letters polite, and ensure you make it clear that you are doing your best to help them with this alleged debt that you do not accept any liability for!!!
Re attaching your earnings...my understanding is that this would have to go before a court for a judge to make an order. You would be present and would have the opportunity to present your case that they have NOT provided the necessary evidence to demonstrate that you owe this money.
Remember they are trying to frighten you and when you are feeling low (as we all do with this carry on) it is easy to lose sight of what you want to achieve and just give in.....DON'T! Remember for them to go to court they have to have good evidence against you so if they're shoddy with their record keeping the court won't be impressed.
I hope this helps in some way...even to cheer you up a bit.
Hopefully someone else will give you better advice on the more "legal" side of things as I'm not an expert of any kind!
-- hanging in there! (Anderston828@aol.com), March 05, 2003.
Read the do's and dont's section on the site. Dont panic and dont give up.
-- John (email@example.com), March 06, 2003.