Confidential information

[Glass man]

Go debt recently contacted my brother via his original address, where our parents still live. He telephoned them to dispute the debt, as it was for a vehicle finance which he believed was cancelled when the vehicle was returned in 2002. (A deposit was paid, the vehicle was returned after they refused to let him sell it privately and he didn't miss any payments - he did however continue making small monthly payments until 2004, which he stopped when he lost his job) He informed Go Debt that the address they have was his correspondence address only, as he moves about alot and hasn't a permanent address at the moment. A few days later a debt collector arrived from Go Debt at that address, and informed my parents of his debt, and an amount that they claimed he owed - which was different to the amount they originally told my brother. My parents are elderly, and my father is recovering from a recent stroke. The collector was 'pleasant' but informed my father of the debt, the amount and that they would be recovering it. This has distressed my parents dreadfully, and obviously caused huge embarrassment to my brother. My parents have in no way any responsibility for my brothers finances, and he has no connection with their property. My parents are terrified the 'debt collector' will be coming back, and are frightened that their property will be seized. I know that this is not the case, but I need to be able to put their minds at rest. Can GoDebt really send collectors to an address which they know is a correspondence address only, and discuss personal information with third parties. is it my brother or my parents that have to complain about this to the OFT, or can I? . Any help would be grateful received. My parents are terrified, an the stress on my sick father is just unbearable. Please, can anyone advise me what to do.

[cerberusalert]

They are in breach of the data protection act by discussing your brothers business with your parents and he should complain to the ico https://www.ico.gov.uk/Global/contact_us.aspx

 

No they are not responsible for his debts, nor have they any right to visit your parents address so they should complain to the Trading Standards via Consumer Direct Consumer Direct - Contact us & the OFT [email protected]

 

It sounds as if this alleged debt is nearly Statute Barred, six years from last payment or written acknowledgement of the debt in England/Wales, five years in Scotland. So he should send them a CCA request to see whether this debt is enforceabl; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[Glass man]

Thank you for such a quick response, I am very glad I found this site.

[Blondmusic]

I have dealt with Go Debt. They always threatened to send someone my house but they never did. Once i sent them the CCA request, they admitted they did not have the paperwork and continued sending demands for payment. I ignored them, put the account in dispute and they closed the file.

[Glass man]

Thanks for that, gives me hope. They sent someone to the house within 72 hours of the letter arriving saying if he didn't pay they would send someone to visit the house. He informed the he didn't live there and they still turned up. Dreadful company.

[Blondmusic]

If they turn up again tell your parents to call the police. Even better send this to Go Debt.

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully,

 

Remember to print your name never sign it.

Please read the following advice regarding doorstep callers.

If you do receive a doorstep visit we give these suggestions to Members.

 

Give them the template letter linked below through the letterbox or chained door.

 

http://www.consumerforums.com/resour...ep-visit-.html

 

Tell them to leave as you have nothing to discuss and all communication must be in writing.

 

Tell them you will call the police if they don't leave immediately.

 

Remain calm and polite at all times.

 

Walk away from the door so the visitor cannot try and talk to you.

 

If they don't leave, call the police to report that you are being harassed and the visitor refuses to leave.

Go Debt are also breaching OFT guidelines discussing someones debt with a 3rd party. Remember that these company's have no legal rights until they provide proof. Tell your parents they have nothing to worry about.

Make sure all contact with the company is in writing from now on.

[Glass man]

Thank you again, really pleased with the response I have had. Very reassuring.

[Blondmusic]

We have all been there and done that so we are happy to help. I have seen off Go Debt already all thanks to the advice on here.

 

Long live CAG!!

[42man]

That letter above needs editing....it could possibly be construed as an acknowledgment of the debt.....it needs to say please note, the person you are seeking no longer resides at this address....and it needs to be sent from your parents....

[Blondmusic]

Good idea 42Man. Yes edit the letter to suit stating that the person they are looking for no longer lives at the address and that they do not have a forwarding address for your brother.

[Glass man]

Help - need more advise please. I gave the letter template to my parents, and they informed Go debt that he didn't live there, and they revoked the common law etc., my brother also wrote informing them that is was his correspondence address only, and he revoked the law. The have now informed him that they are visiting the address again, this week, to serve him with a stat demand, and say they can because he used it as his voters role address. My parents are becoming extremely ill over this, not sleeping and the doctor is really not happy with my dads health since the stroke. Does the common law mentioned get overturned if this is on the voters roll?

[Glass man]

Oops - I forgot to mention that my brother disputed the debt, and requested the full breakdown etc of the contract, and they are trying to serve the stat demand before he has had this - is that even legal?

[42man]

Keep sending any post received back....if anybody does attempt to serve anything, then as he doesn't live there then there isn't much they can do....

[42man]

Hmmm as your brother has written to them, then it is an acknowledgment of him being in receipt of their paperwork......

[42man]

Did he send off the CCA request ?

[Glass man]

Yes they received it yesterday by recorded delivery. The stat demand letter saying they would visit was sent after that was received.

[Seminole]

A SD is a serious document that your brother will need to apply to have set aside through the court. In the short term he may want to consider informing Go Debt of his current address or making arrangements to meet them so that they can serve it on him. I wouldn't normally suggest something like this but it would take the pressure off your parents if he did so.

 

Go Debt are *EDIT* for using your parents like this. Your brother really must make a complaint to the Information Commissioner over their behavior and, in particular, their clear breach of the Data Protection Act in discussing his affairs with your parents. If it were me I'd also actually quite like to be served with the SD in person so that I could explain in good old fashioned Anglo Saxon what I thought of them

Edited August 26, 2009 by 42man

[Glass man]

Yes he did CCA request. Trouble is he hasn't got an address - he is basically homeless, I know he will be having a room in a friends house next month for a few weeks, but other than that, at present he is no fixed abode. His business collapsed because of the recession, He owns nothing, has nothing. But my parents house is good, and I am wondering if they are putting on the pressure to them so they will pay to make it go away. I have spoken with my brother, and with the stat demand he is happy to let them make him bankrupt, as he cant get in much worse of a situation than he is in now, and at least then the only way is up.

[Seminole]

Does he have other debts or is this the only one?

[Glass man]

Not a huge amount, just a couple of thousand, credit cards mainly, and a personal loan. But not enough to go bankrupt with, but with this ludicrous debt from Go Debt, which he disputes, which is around 11K that would make it a sizeable chunk. Go debt have said they will bankrupt him for that amount, so he might as well make the most of it, and let them do the work, shouldn't he.

[Seminole]

It costs quite a lot of money to make someone bankrupt and they may back off when it becomes clear to them that he would welcome this option. Bankruptcy is a serious step but in your brother's circumstances it may be sensible. It no longer carries the stigma it once did and whilst the restrictions it imposes can be onerous for some, it doesn't sound as if most of these would apply in this case. Perhaps he should visit his local CAB and seek advice.

 

Given Go Debt's behavior (I stand by my view of them that got edited out earlier), it's possible that they may continue to try to harass your parents. If they choose to go down this path rather than making him bankrupt, then he may need to do so himself and that is quite expensive even if he is on benefits.

[Glass man]

Thank you everyone for your help. I would totally agree with your opinion Seminole, regarding Go Debt - they have been less than honorable in this.

[Glass man]

Just an update for those interested. After faxing EXCEL and GO DEBT and speaking with Go Debt personally informing them that the person the were looking for did not reside at my parents address, and that the elderly occupants were being made ill by the harassment, and signed for letters informing them of the 'common law Evershed' from your template letters, a debt collector still turned up. Twice in 10 days. They informed us that the template letter was not valid because he is on the electoral role at the address. My father is now ill with high blood pressure as a direct result from yesterdays visit. I left 2 recorded message on the debt collectors mobile as he wont answer calls, explaining that the person they wanted didnt live there and the occupants were elderly and distressed - he denied this. I faxed the MD of Go Debt informing them that we would report them for harassment if this continued, and still they sent someone out. My dad now wants to take them to court for trespass and harassment, as they have informed us that this bullying will not stop until they get to my brother. We don't know where he is right now. What do we need to do to get these people to stop bullying two OAP's, and something that they will take notice of. I called them to ask for their Debt councelling license, and they would only give me their co reg no, saying they had no other numbers. But I have found out that they do have a DCL. I need something with TEETH.

[cerberusalert]

Have you complained to the Trading Standards & the OFT? If not do so & if you have update the complaint.

[Glass man]

We are doing that today, but have been told that won't stop the intimidation.