Advice and help req re somebody else's debt and how it will affect us

[halfpint666]

Hi

 

My brother has gone on a year long (possibly more) trip abroad and apparently didn't leave his banking in order. All his post came to our house and now his banks have written to him telling him that they are recalling his overdrafts. Along with this is an over due tax bill - we think in total he owes £4000 ish. Over the past 10 months his banks have been ringing almost weekly and we have told them where he is and passed on to him that they had called. What impact is this likely to have on my parents? There is no mention of balifs yet but i can see that coming as i'm sure he has no money.

 

Any advice on how best to protect my parents would be appreciated.

[silverfox1961]

Hi,

Your parents are not responsible for your brothers debts.

 

NO bailiff can come to your door without the account going to court first and then they cannot take your parents goods, only your brothers

 

The bank will demand and demand but until your brother comes back the only thing I think you can do is to return his letters to the bank with "no longer at this address" scrawled over the envelope

[Thegreenpimpernel]

Sounds like they haven't gone to court yet. So nothing the banks can do for now. You should be able to deal with it easily (with some help from the folks on here) if you get any court summons in the post.

 

Someone wiser than me might know how to make them go away before that happens.

 

The tax man (HMRC) that's a different matter. On the one hand they don't need to go to court - just turn up and 'do you over'!

 

On the other hand, when i had numerous creditors chasing my ex business partner, HMRC were the MOST willing by far to believe i was no longer connected to him - contrary to the 'evil tax man' rumors you hear.

 

Don't stress about it, I'm sure you will be OK dealing with it at this early stage.

[ploddertom]

Your parents could as a precaution swear a Statutory Declaration that all the goods in the house etc belong to them - cost £5 - £10 at a solicitor. Your brother is being very irresponsible letting them face the music for his own indiscretions, at he very least he could write.

 

Your parents shpould also write to each of those that ring telling them that:

a - he doesn't live there, whereabouts now unknown abroad

b - class any further calls as harrasment

 

Statutory Declaration.doc

 

PT

[High Court Enforcer]

If they issue judgment against him it could affect your parents credit.

 

You really need to prove he is abroad. Unfortunately, this is an excuse often used when it is not true.

[fluffy_bunny]

How exactly could it affect his parents credit????

[ploddertom]

How exactly could it affect his parents credit????

 

I would imagine if the CCJ was listed as Mr X of 21 Toytown then any credit file shows Mr X has having a black mark and 21 Toytown as an at risk address.

 

PT

[sleepingdog]

Hi ploddertom and high court enforcer , as far as I am aware any debts that the brother has and any CCJs that he aquires should have no inpact on any other individual at that address unless they are linked to him ( that is financially as in they have credit with him). Unless the parents have acted as guarentees on any of their son's credit arrangements then their credit rating should remain intact.

sleepingdog