advice needed

greenspun.com : LUSENET : Repossession : One Thread

My mother is being harassed by a company called JDL holdings who are after her for what was left after her and her husbands house was reposessed, it has been over 12 years since the house was reposessed and they want over 15000 which she does not have, she offered to pay them 5 per week which is all she can pay, but they refused and have now threatened to send round a debt collector to attain her assets, she has none but i live with her in the house, I'd like to know if they can take things from the house even though they belong to me, plus i'd like any other advice you can give me.

Yours sincerely

Steven Antoniou

-- steven antoniou (cable1979@hotmail.com), July 09, 2003

Answers

Please read all the Do's and Don't on the site...it is laborious but it is something you have to do. You will get replies fromt others but it will help if you can post some more details like:

When did they first make contact with your mum re the debt. When did your mum agree to a 5 payment plan. When was the first default etc etc

After you've read the notes on the site you should consider SARNing the lender, debt collecter etc.

They cannot take anything that does not belong to your mother or is on hire purchase.

If your mum is on benefits they cannot arrest her benefit monies (this is one reason for insisting your benefit is paid by book and not the new system of being paid in to a bank) Once the benefit is in the bank they could proceed to arrest the bank account legally...they won't care that it is benefit money. So tell your mum to keep her benefit book.

Remember too that these people can't enter your home without some sort of statutory notice.

Please give us as much info as you are comfortable with and I'm sure you'll get good advice from the more knowledgeable folk on the site.

Take Care

Moira

-- moira (Anderston828@aol.com), July 09, 2003.


Steven, JDL Holdings are debt collectors and are known to NAMV Maybe you should give them a call - 01889 507394.

The limitation period for recovery of the "debt" is 12 years for principal and 6 years for interest from "the cause of the accrual of action" and then by acknoweledgement, including payment. Find out when the last payment was made. Any offer of payment after the expiry of the limitation period will not restart the clock ticking again.

NAMV will be interested in the letter she has received as sounds like it has contravened its own membership guidelines and the debt collection guidelines of the OFT.

http://www.oft.gov.uk/News/Press+releases/2003/PN+97-03.htm

JDL Holdings can not seize assetts - they have no authority to do so and that would be called theft. County Court Bailiffs are the most likely to attend with a view to seizing assetts but first of all a judgement would have to be in default and authority given by the court. And NO your assetts cannot be seized.

www.namv.org.uk

I hope this has helped Jane

-- Jane (jane.glover@ntlworld.com), July 16, 2003.


Moderation questions? read the FAQ