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Please help, mum being persued for debt that isn't hers!!!

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Yeah mum sometimes doesn't realise.......

 

I look after my Mum too :)

 

I can see that you're as protective as I am :) :)


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Just thought as well though you adivse to send a copy of the IJ letter to Cap1 but Cap1 have sold the debt to Lowell, won't Cap1 say they don't have anything to do with it anymore?

 

The IJ letter shows that this has been checked out and your sister doesn't live there - send it to them both.

 

My mum used to open my letters if she could get away wit hit - not cos she was nosey or nasty just wanted to make sure I wasn't in any trouble - course on occasion I was and she used to fret like anything. Gues I'll be the same when mine are grown up a bit more - :)


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As a total newby here... as you know their letters when they come, can't you send them back un-opened, with a colour printed strip on them stating return to sender, warning under protection from harrassment act, do not write again or criminal complaint will be made.

 

Thanks dave sadly dcas don't care when it comes to things like this, she did that many a time but it didn't deter them. :(


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The IJ letter shows that this has been checked out and your sister doesn't live there - send it to them both.

 

My mum used to open my letters if she could get away wit hit - not cos she was nosey or nasty just wanted to make sure I wasn't in any trouble - course on occasion I was and she used to fret like anything. Gues I'll be the same when mine are grown up a bit more - :)

 

Thanks, btw i love ur avatar and i have just inherited 2 GPs, didn't want them and now 2 days later i wouldn't get rid of them! lol!


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Thanks, btw i love ur avatar and i have just inherited 2 GPs, didn't want them and now 2 days later i wouldn't get rid of them! lol!

 

That was gizmo - sadly died in Nov aged 4.


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Lowell, huh? Well, it looks as if your sister's debt is now looking less and less recoverable to the DCAs. Lowell is one of the bottom feeders, and if the debt has been sold on to them, it means that they're passing this hot potato around, presumably selling it to the next DCA cheaper and cheaper every time...

 

I think it is well worth:

a) Sending them the "I do not acknowledge any debt to your company, demand copy of credit agreement, £1" letter to them.

b) As Giz says, get your sister's post redirected so it bypasses your parents altogether.

 

Let us know how that pans out. ;-)

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Thanks BW, just to update I have come hom just now and she was on the phone to them (grrrr) just asking to send details here and not to my mums. She never once said that she acknowledged the debt just that she would deal with it once she had got a letter at the correct address...this isn't classed as acknowledgement is it?

 

I don't think it is cos it has to be in writing yes? Anyway have told her not to ring them again and fortunately she didn't give out her number which they were trying to get off her lol!

 

Will send off CCA today and take it from there. Just one more thing though people say to use a Postal Order for the £1, can she not use a cheque?? :)


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Acknowledgement has to be in writing and signed by the debtor.

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Okay so CCA letter sent 3/2/07 so 12 days is at 17/2/07 and 1 month would be 17/3/07. Hope thats right, just trying to give her a timescale really.

 

Something i am trying to find out though is that if they try and chase after 12+1 what happens then? Do we report them to FSA/OFT?? Also could they sell onto someone else and it starts all over again??

 

TIA


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Hope i have got it right above, she got a letter yesterday headed 'without predjuice' (they like that one don't they?) saying they will only accept the full amount by 28/2/07 otherwise their proposal will lapse (proposal? lol).

 

Quite possibly the silliest DCA letter i have ever seen to be honest with you. We both had a bit of a giggle over it. :)


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Okay another letter rec'd on wednesday/thursday I think to my sis saying that they have rec'd her request and the fee but that they will have to get the CCA from the original lender (ie Cap1) and therefore they will and CAN take more than the prescribed 28 days.

 

AFAIK this is rubbish and the timescales are set as such and also if a debt was sold to them with a deed of assignment then shouldn't they have the CCA??


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She got another letter today saying that she had agreed to pay the £422 in full and that they hadn't had payment. She assures me she didn't agree to anything just told them her new address...well they have another 12 days to provide her with the CCA so we shall see.


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Oh and she got yet another letter today saying they will send an agent round in 48 hours (told her not to worry) but thing is she is inbetween houses right now, shes staying at mine whilst trying to sort somewhere else out to live...don't really want these letters to keep on coming here. They have 10 more days until the 12+1 is up....will they stop after this? Or should a letter be in order?


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I know it's really annoying taht they keep writing to your address, but your sister should really sit tight until she gets a response on the CCA - or failing that, they default after the 30 days after the 12 working days. THEN she can send a letter stating they are in default, will report the to OFT etc, etc.

 

If this does end up logging any adverse credit on your address, you can log a disassocaition of debt on your credit file, showing that this was a correspondance address only as your sister did not have a permanent address and that the debt is nothing to do with anyone else living at your property.


All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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She got another letter today saying that she had agreed to pay the £422 in full and that they hadn't had payment. She assures me she didn't agree to anything just told them her new address...well they have another 12 days to provide her with the CCA so we shall see.

 

As long as she never agreed to anything in writing then ignore them. (More than you are already ;) )

 

Oh and she got yet another letter today saying they will send an agent round in 48 hours (told her not to worry) but thing is she is inbetween houses right now, shes staying at mine whilst trying to sort somewhere else out to live...don't really want these letters to keep on coming here. They have 10 more days until the 12+1 is up....will they stop after this? Or should a letter be in order?

 

Try something like this in 10 days time:D

 

I do not acknowledge any debt to you or your client.

 

Please be advised that I have contacted your client directly and requested further information under the legislation contained within s.78(1) Consumer Credit Act 1974 (S.77 (1) for fixed sum credit). Please note this was requested on 21 August 2006, and as I have received no response from your client this debt is now unenforceable.

 

To this end I would like you to note that I will not enter into any further communications with your company on this matter, unless and until my request is actioned.

 

I also wish to make it absolutely clear that personal callers will be viewed as trespassers, and action will be taken, including but not limited to, Police attendance.


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Well tbh we didn't send anything and we haven't heard a thing. Haven't given them her new address either, i don't mind anything coming here but tbh they have stopped for now so we'll just leave it. If anything further arrives i will send the letter above. :)


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This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4550 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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