Action when it has gone quiet.greenspun.com : LUSENET : Repossession : One Thread
What have people done when the letters stop coming? Has any one written again to ask why and in any such letter has anyone tried text such as:
If no reply is received within X days (or by a certain date) I am advised to accept this as your word that the alleged debt has been written off and no further correspondence will be forthcoming and no legal action taken.
It seems to me that, if it all goes quiet (I have read about cases when nothing happens for 10 months and then the letters start again) the company cannot have a case to bring against you. If they were sure of their facts and your liability then they would continue to chase until the matter is resolved to their satisfaction. If I were legally convinced I was correct about something I would certainly chase it until I was satisfied.
Again, comments and thoughts on this appreciated.
-- Matt (firstname.lastname@example.org), November 28, 2000
Well why not? I'd do it in two stages though.
First, write and say that you note there has been no further communication from them and that you wish to know:
a) whether they intend to issue proceedings; or b) whether they intend to write off the entire debt
And please can you know within the next 7 days.
If you don't hear anything from them, then you could write and say, that in the absence of their reply, you assume that the matter is closed and that you are not liable for any shortfall mentioned in previous correpondence.
Make sure that you send this not only to the debt collection agency/solicitors acting for the lender, but to the lender themselves, and by recorded delivery.
My reasoning behind sending two letters, is that if they do write back and say that they intend to issue proceedings, you can ask them when. They're going to have to come up with one hell of an excuse to delay matters further.
If in the event that they do issue proceedings, you have correspondence between you which you can produce in court to show their delay.
-- pendle (email@example.com), November 28, 2000.
We asked Eversheds to reply to our requests for further information on 18th dec.98 with regards to breakdown of the debt and other questions. We asked them to respond by 14 days. We didn't have the balls to challenge them into writing it off. They didin't contact us until Feb 00, when we got a letter asking us to contact them urgently. It didn,t say any more than that. We did not contact them as we had previously stated that we would only deal with the situation by fighting it in the courts. Last week we received their new policy document
-- Lyn (firstname.lastname@example.org), November 28, 2000.
If you have received Abbey's 'new policy' document, whether it be via Eversheds, DLA or another lawyers' office, and it is then followed by a typical 'old style' demand (eg a demand accompanied by threats of court, or any demand minus full proof and evidence of the alleged debt) then there are some MPs who would like to know about this. Email or write to Mike Hancock MP in the first instance. (Write to him at the House of Commons, London SW1A 0AA or email via the House of Commons web site at: www.parliament.uk/commons/lib/almsek.htm#h He is working on our behalf.
-- Eleanor Scott (email@example.com), November 29, 2000.