Contacted by various debt collectors for family member who is now overseas

[Notmydebt]

Hello

I'm hoping someone can offer me some advice. My son left the UK back in 2010, he & his wife left behind a few unsecure debts, student loans & have some how ended up owing tax credits (not sure how they ended up with them as they claimed nothing after they left and have no UK bank account that anyone could have paid them into).

After many months of returning letters to who ever they owed money to the phone calls begun from various debt collectors & these are now every day at all hours of the day.

I have no intention of telling them where my son & his family are they will not return to the UK ever, but I do really want the calls to stop. I have explained over and over again that my son does not reside in the UK & the calls and threats to come round to recover the debts continue.

Can someone please offer some good advice on how I can stop the calls and letters. Just had a call from Rosendales whilst typing my message, lovely way to start the day...

[unclebulgaria67]

I have had this problem when a relative used my address when they moved abroad. I did the same, just return letters marked not at this address, told people of the situation if they phoned and had to do the same with a debt collector who even came to my house. They even phoned neighbours to find out who lived at my address, as they did not believe me that my relative did not live at my address. This went on for years, as the debts were continually passed around the debt collection system. Eventually the debts were written off and I even had some compensation from one company, in regard to the hassle they caused.

 

Take the lesson I learned and make sure all these companies know that your son does not live at your address. I believe you can go to a solicitors office and swear a statutory declaration, that the only resident at the address are x names and that there is nothing in the house that is the property of Mr X, as they moved abroad in 2010. Get several copies of this that you can sent to people. I think they may charge you about £10-£20 for the statutory declaration and then maybe for each copy.

 

Anyway the point is that if you don't make the position clear, it will just get worse. Rossendales as you know are bailiffs and you really want to avoid any nasty confrontation on your doorstep.

 

You don't have to give your sons address, but just confirm he does not live there and there are no property or goods that are his.

[BRIGADIER2JCS]

Hi, Welcome to CAG,

These are not your debts and you should not

be harassed about them.

 

I suggest the following letter to be addressed

to the compliance manager of each DCA making

contact.

 

Ref: xxxxxxxxx

 

Dear Sir or Madam,

 

 

I refer to your recent communication regarding debt that you allege

are owed by XXXXXXXXXXXXXX, please take note of the following and

amend your records accordingly:

 

Mr & Mrs XXXXXXXXXXX are not resident at this addresss and have not

been for a considerable time.

 

I have no knowledge of their whereabouts and have no contact details for them.

 

I require you now to cease all contact by telephone, or in writting immediately.

 

Your companys continued contact at my address now amounts to serious harassment

and I am preparing a complaint to the Office of Fair Trading regarding your conduct

having been informed many times previously of the situation.

 

If your company continues to harass me over this matter I WILL commence proceedings

for harassment and will seek considerable compensation from xxxxxxx.

 

In future any contact made will be recorded by time and date and will be used in evidence

telephone calls will be recorded for the same purpose.

 

I require confirmation within 7 days that all data relating to my address has been removed from

all your records how so ever held.

 

At the expiry of 7 days all correspondence received here will be returned at your expence.

 

This letter is sent by recorded delivery and will be tracked.

[Notmydebt]

Thanks for the replies guys.

 

Do I take it a CCJ has now been taken out as the bailiffs have started calling? I've just returned so many letter with not at this address, so I've no idea who's actually sending stuff. I've not seen any Court papers delivered here for any CCJ, but could possibly have been sent to their last address, I've no idea...

[unclebulgaria67]

Thanks for the replies guys.

 

Do I take it a CCJ has now been taken out as the bailiffs have started calling? I've just returned so many letter with not at this address, so I've no idea who's actually sending stuff. I've not seen any Court papers delivered here for any CCJ, but could possibly have been sent to their last address, I've no idea...

 

Does not really matter and you are not allowed to know your sons private affairs anyway. Just make sure you make it clear to them, that he does not live at the address and has no property at the address.

 

Send the letter in Brigs post to any company that contacts you by recorded delivery and if you are continually hassled, then think about the statutory declaration I have mentioned.

 

The problem for you is that the many people who work for companies line Rossendales are just knuckleheads and they probably will disregard any letter you send. They are only interested in recovering the debt and they won't believe you that your son is not at your address or that he does not have possessions at the address.

 

If Rossendales turn up at your door, do not even open the door. Just print off Brigs letter and keep it by the door ready to give to them via the letterbox. If you ever let them into your house, they will just start listing items and try to get you to pay your sons debts. Just read the posts on this forum and you might believe that such silly situations do occur.

[unclebulgaria67]

Make sure your son is aware that this is going on, as if they find out later, they may be furious with you that you did not tell them. The reason being that if they ever came back to the UK before any debt was statute barred (unenforceable in court), the debt amount may have become impossible to deal with.

[Notmydebt]

Does not really matter and you are not allowed to know your sons private affairs anyway. Just make sure you make it clear to them, that he does not live at the address and has no property at the address.

 

Send the letter in Brigs post to any company that contacts you by recorded delivery and if you are continually hassled, then think about the statutory declaration I have mentioned.

 

The problem for you is that the many people who work for companies line Rossendales are just knuckleheads and they probably will disregard any letter you send. They are only interested in recovering the debt and they won't believe you that your son is not at your address or that he does not have possessions at the address.

 

If Rossendales turn up at your door, do not even open the door. Just print off Brigs letter and keep it by the door ready to give to them via the letterbox. If you ever let them into your house, they will just start listing items and try to get you to pay your sons debts. Just read the posts on this forum and you might believe that such silly situations do occur.

 

Do I take it all the creditors will have their address on the front of the letters? As I don't want to open mail not addressed to me to gain details. So far I've just put on no longer at this address and sent it straight back. Now very worried about if someone turns up, I always open the door and see who is there, can't end up feeling like a prisoner in my own home.

[cerberusalert]

You can check online with http://www.trustonline.org.uk/ to see whether there are any CCJs, if there are and depending on where your son is they may still be enforceable in his country of residence, particularly if in the EU.

[Notmydebt]

You can check online with trustonline.org.uk] to see whether there are any CCJs, if there are and depending on where your son is they may still be enforceable in his country of residence, particularly if in the EU.

 

No they moved to Australia.

 

Will let him know what's going on.

[unclebulgaria67]

Do I take it all the creditors will have their address on the front of the letters? As I don't want to open mail not addressed to me to gain details. So far I've just put on no longer at this address and sent it straight back. Now very worried about if someone turns up, I always open the door and see who is there, can't end up feeling like a prisoner in my own home.

 

Ask your son for permission to open the letters and if your son is ok, send them Brigs letter, as the first option. Unless you open the letters, you won't know what they are saying. They may be saying that they intend to visit your address on x day to discuss the debt.

 

Get used to not opening the door, until you have identified who they are. It is good practice anyway, from a security point of view.

 

As your Son is in Australia it might actually be a good idea for your son to make all these companies aware that he is there. I can't see them being able to enforce any UK debts there, but he may get the odd letter or phone call. Even if they have a CCJ for a debt, they just won't go to the bother and cost of trying to get an Aussie court to enforce a UK debt.

[cerberusalert]

They won't be able to apply to an Oz court for a judgment, see; http://www.consumeractiongroup.co.uk/forum/showthread.php?304615-It-is-now-apparent-that-it-will-be-practically-impossible-to-enforce-a-UK-debt-in-Oz

 

However, if there is already a CCJ in place in the UK it can be transferred and enforced in Oz. It's important to determine whether there are any outstanding judgments here first. If there are and he didn't receive the court papers he would need to apply for it/them to be set-aside otherwise he could have a whole lot of problems if they discover where he is.

[3tea]

Notmydebt,

 

I don't wish to be rude, but my opinion would be that your son perhaps needs to take some responsibility for the mess he has left, and it should not be up to you to sort it out.

 

He needs to tell them where he is, and immediately.

 

I left debt in the UK, and all my credit files were registered at my parents house, so once I stopped paying, my parents got the full onslaught as you are experiencing.

 

This mortified me more than anything, so I told the ORIGINAL creditors where I was first, and then followed it up by telling the Debt Collection Agencies as well.

 

My Dad reported that within a couple of weeks, it all stopped, so this may be a quicker way of resolving the situation than trying to convince them your son is not living there.

 

The original creditor retains control of the debt for a very long time, and generally they are better at keeping and retaining records than the morally corrupt DCA companies.

Any information your son provides them will filter down to the DCA, who, once they realise where your son is will almost certainly give up.

 

Hope this helps,

 

regards

 

3tea