DCA and old mortgage debt

[give_me_it_back]

Thanks guys!

I LOVE this site!!

[give_me_it_back]

Here is the letter I am sending: (what do you think?)

Thank you for your letter dated 23rd September, the content of which has been noted.

I refer you to my previous correspondence, and repeat - to date, you have not fully complied with my legal request under the Data Protection Act, 1998; a Subject Access Request received by yourselves on 01/10/06. Therefore, until such times as I am in possession of all transactional data and/or otherwise, I will not be entering into any discussions regarding income/expenditure.

Since I have been informed by Halifax plc and yourselves, several times now, that my file has been lost, I am surprised by the attempts of your ‘client’ to secure payments on an alleged debt that cannot be substantiated by any form of legal paperwork at all, and, as explained in all my previous correspondence, until such debt can be substantiated, no payments will be forthcoming.

As also previously advised, I will require a full written explanation as to the precise nature of your/their claim and upon what legal basis they have instructed you to pursue this matter, along with the documentary detailed in previous correspondence.

I also note that you made no comment on the fact that, in Scotland, recovery on mortgage shortfall interest is frozen after five years.

I trust that the contents of this letter are self-explanatory. If you are unable to supply this data however, then I require written confirmation by return within the next 14 days.

Should you decide to pursue this matter without addressing your full obligations under The Data Protection Act, 1998 then I shall seek a Court order obliging your full compliance, together with damages at the discretion of the Court.

[give_me_it_back]

Ok... have heard back... Now they are offering that I either: pay £5,000 now in full and final settlement or pay £8,000 by installments as full and final.

If I don't do this, they threaten court.

What do you all think?

[give_me_it_back]

bump...?

[give_me_it_back]

Can someone please give their opinions on what my best next move is..? I don't have £5k to settle, and I don't want to take their first offer anyway. Should I keep on fighting this or simply make an offer that I am comfortable with ...?

[PriorityOne]

So sorry for not replying to you earlier...I haven't been on here for while.

To date, they have provided nothing to substantiate any legal right to collect any money from you... and have not fully complied with your S.A.R - (Subject Access Request) either. So, you can either ignore this latest rant or, you can write back saying something like :

Thank you for your letter of xx/xx/xx. However, I refer you to my letter of xx/xx/xx, which has clearly explained my position; the content of which appears to have been ignored.

Until such times as you are able to comply with my legal request under The Data Protection Act, 1998, then no payments will be forthcoming and your continued non-compliance will be brought before the court, should you decide to proceed with legal action regardless.

In the meantime, I do not acknowledge any debt to your company and any further attempts to collect/pursue payment on an unsubstantiated debt will be added to my file, before being copied and forwarded to the relevant authorities without any further notice.

Yours sincerely/faithfully

By rec. delivery...

[give_me_it_back]

Thanks - as ever - P1! You are a legend!