The on gong saga with this company thickens.The only info they sent when I SARNED them was a data base printout and copies of the letters they have written.I wrote to the information commissioner who informed me that they had also written to JDL Holdings ,3 days later I recieved a letter from JDL stating that the information commissioner seemed satisfied they had complied in spirit and law and now they would commence proceedings against me. They have stated that I have asked pedantic and irrelevent questions designed to confuse and delay matters. they have stated that they now are requesting information from thier client that will be necessary for litigation.They also went on to avise me that they will be claiming interest and costs.Can anyone advise please,I would be really grateful. David A.

-- david armitage (karen@island44.fsnet.co.uk), April 25, 2003

Answers

David,

I think it would be a good idea to contact the IC and see if what JDL have said is really true, "seemed satisfied" ?? The following (from a solicitor) I think I've posted it before but I think it's worth posting again here:

"While it is technically possible to defend a claim on the basis that the lender has, by refusing to supply statements of account (i.e. prove the debt) or supply necessary documentation, failed to act reasonably in exchanging info and docs in an attempt to avoid unnecessary litigation (Civil Procedure Rules, rule 1 (the '0verriding Objective' + the Preaction Protocol Practice Direction), it is usual that this is dealt with by a cost penalty on the lender rather than dismissing the claim.” A bit technical, I know!!

You could point out to the IC that you need, for example, copies of the evaluations and marketing material at the time to establish whether the property was sold for a fair price, and that there failure to do so goes against the Civil Procedure Rule as mentioned above. I this being pedantic? Is it irrelevant? No, of course not, only an idiot would believe otherwise.

I will be in touch with you as I said to you before.

-- M Amos (idgroms@hotmail.com), April 25, 2003.

I missed out the first part of what the solicitor said (above) here it is:

Lenders should, however, be made to prove their debts, and if they are unable to do this, their claims can be defeated. However, lenders do usually come up with the correct info and docs (eventually) and the issue will usually then relate to costs rather than whether the lender will get judgment.....While it is

-- M Amos (idgroms@hotmail.com), April 25, 2003.

I have been in contact with JDL with exactly the same responses - ignore them, write directly to the company you owe the money to and say you will not correspond with JDL any longer, say they are harrassing you. I just did this with JDL and the Leeds & Holbeck and they have settled for £700 against a debt of £4200, I am sure I could have got it slightly lower but thanks to the advice of this page and the people, I am about to get the letter of satisfaction and then I will pay up. DO NOT BE THREATENED by JDL, they are a bunch of bullies. I followed the advice of do's and don't and it did get me somewhere after about 1½ years, the Building Societies do not want to go to court for small amounts, JDL offered me £900 against the debt and I told them to stuff it !

Thanks to everyone's words of wisdom.

-- al (topbanana07@hotmail.com), May 21, 2003.