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Hi All, new here but been a reader for years.

 

This is complicated and im out of my depth.

 

A couple of years ago my long time friend had problems with business and life, (approx 4 to 6 years ago.) His business went into liquidation and his marriage broke up all at the same time. He came to stay at my home for about 8 months while he sorted himself out emotionally having no where to go.

 

When his business failed he had a personal guarantee for the overdraft on his business. ( this was a gray area for him because at the time he stated he wasnt sure if he did or not) more one this on request. The over draft was £25.000

 

He had a personal account with the same bank, and this is when it became clear he had personally guaranteed the overdraft. About 6 months after his company went into liquidation he went to the cash machine one day to retrieve his benefits payment and it had been frozen. He rang the bank and was told, they had closed his account due to the debt owed to them by his ltd company and they no longer wanted to do business with him, He was told all he could do now was to wait, and they would be in touch.

 

For the remainder of the time he lived here, he heard nothing from anyone. He also had another debt of a credit card (an old goldfish card which he defaulted on when his bank account was closed).

 

This is where I come in, He moved on and ive only seen him a couple of times since, due to my failing health, and not at all for the last 2 years.

 

About a year and a half ago, letters started arriving for him i put them all to one side for a while. Then the debt collects stated to knock on my door.

 

Im bed bound and I have carer's, im paralyzed and having a big health problem currently. I have to communicate with these people through my door entry system, or allow them to come to my bedroom and all that entails.. I have had constant harrassment, Every time I explain my situation. Tell them he isnt here. They have contacted my neighbors, a couple of months ago, the local drug dealer knocked at my door, at 11pm at night, to tell me he had a call from a man regarding my house and who lived here, and was given a phone number for me to contact him on. This has in this situation left me very vulnerable. ive had calls from 'parcel force'' tried to deliver a parcel for this man, does he live here?? Each time there was a letter, ive contacted the senders, a door knock, ive explained the situation. Asked them time and time again to stop.

 

one of the companies chasing him told my carer and me, as long as he owes us money, we will carry on coming here. Ive been told he owes money, I was told they spoke to his son.. (didnt even know he had one). They also said he had taken credit out at this address within the last 3 months.. (which is a big concern to me) I cant seem to make it stop.

 

The last contact i had was by phone direct to the company sending out these collectors, I explained everything above and was told no one else from there company would come.

 

Yesterday a hand delivered letter came through my door, addressed to 'friend' I opened it concerned about all the above, and its a statutory demand. I assume from the same company that has done all the above.

 

It states he has 18 days to respond. I have contacted everyone i know who might know his present where abouts but as yet havent had any contact from him. But im trying here to get the ball rolling, because if he doesnt sort this out in the time scale, i dont know what the consequence will be for him, or me!

 

Any advice? I know a lot about the problems he faced, and the 2 debts he has, because i helped him through the breakdown he had when all the above occurred.

 

Back when these accounts closed, he got nothing, from the bank, or the credit card.. no defaults, no notice they would close his personal account. oh, and one last thing.. when they shut his personal account down, the lumped the personal overdraft debt, to the business debt, and it seems they are claiming for both together.

 

Many thanks, i know its long winded, but been going on for years.

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you ignore it or return to sender.

 

 

name the company please

they want their wings clipped if all the agro is from the same source.

 

 

there is nothing they can do to you

or your property or your belongings


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This does not affect you, apart from the hassle in dealing with communications to your address.

 

I had a similar issue when my address was used to forward on correspondence to someone who had gone abroad. In the end it stopped, as they were given an alternative address and as it was abroad, they did not bother chasing any further.

 

My advice is to see what help you can get to send companies a letter saying that the person they are trying to contact does not live at your address and has no property at the address. If you are house bound, it might be difficult going to a Solicitor to get a statutory declaration that you are the sole occupant and sole owner of the property at your address. This normally has to be sworn in person, with you signing the declaration. The alternative is to see if your carer can help. Is there someone at the council or a local councillor that can send a letter on your behalf to companies chasing you ?


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If you are receiving care, are you registered with anyone e.g council, that offers help to those who are vulnerable ? In some areas, the council or other organisation such as Citizens Advice or Local charity debt centres are quite willing to write letters on peoples behalf in these situations.

 

You could just send the correspondence back to whoever sent it to your address, saying the person does not live at your address. But this might not stop your address being contacted. Sometimes, they will believe it, if it comes from an official source such as council.


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Hi again, and firstly thank you for your speedy replies.

 

Over the past couple of years the letters have come from different companies, and from reading on here thats normal as some do seem to be linked, I couldnt say with certainty which collector came for which debt as there are seemingly 2 being chased.

 

The one that has sent this statutory demand is shoosmiths on behalf of Royal Bank of Scotland..

 

These have been here a few months ago,

 

 

i had this man in my bedroom explaining all that had happened and been going on,

he said he would pass the information on to the solicitors and leave it with them.

 

 

He first sent letters saying he had visited when he hadnt.. and that he would visit to serve a stat demand.

I ignored it, as i thought it was a threat, as he hadnt been the other times he stated in his letter.

 

 

He turned up, and i invited him to look around my house to search for evidence this 'friend' lived here,

and to see my circumstances.

 

 

This was the guy who phoned neighbors and rang pretending to be parcel force.

(As a side note, this guy sent this letter saying he visited twice when he didnt.

I showed him i had cctv on the outside of the house. Told him it was a blatant lie.

 

 

He asked what i had done with his letter, did i put it in the bin.)

he didnt seem comfortable that he thought i could prove the letter was a sham..

 

The second is Robinson way.

This one has been a more constant,

these told me he owed money and would continue to come until it was paid,

told me they had phoned his son.

 

 

One one visit, my elderly dad was visiting me, and was stood in my bedroom,

when the debt collector was told by my carer, that 'friend' didnt live here. she questioned the carer.

 

 

When she got no joy from her, and was told i couldnt get down to the door,

she demanded to speak to my dad, to see if ''he knew anything''

 

 

y dad doesnt even know the person in question. carer took her phone number,

so i could call to discuss it with her myself.

 

I was then told until he pays up, they wont go aay, she told me he had taken credit out at my address 3 months ago,

so he must live here.

 

 

I told her nothing that indicated that had come through my door,

only letters or anything for him was debt collectors.

 

 

A week after this visit and conversation I got a letter, saying they had papers to serve on him,

and would be at my address in 3 days time.

 

 

his was a field agent i now know, i rang her and asked why she intended to come again

after the last discussion we had, she gave me the office number,

I asked to speak to a manager, and told them all the above.

 

 

She stated no one from there business would come to me address again.

 

That was about 3 weeks ago, And so far, ive heard nothing more from them. But i wont hold my breath.

 

Many thanks

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My personal advice, is that you should get someone to write to Shoosmiths on your behalf, returning the statutory demand to them. The letter should make it clear that the debtor does not live at your address, has no property at the address and was simply a friend in need who stayed at the address for a short period many years ago.

 

In the letter, they might want to also mention what happened in relation to the person who came to the address and they were shown that the person does not live at the address.

 

You might well have grounds against RBS for harassment. They are responsible for the actions of those acting on their behalf chasing this debt. But i will leave that to those legally knowledgeable to comment on.

 

What is happening is that RBS as creditor owed money, can use your address as the last known address for your friend, to apply to court for Bankruptcy against your friend. This does not affect you personally, but once your friend is made bankrupt in their absence, you may start to receive even more correspondence through the door.

 

It would be better for your friend to come forward and be in contact with Shoosmiths so they have the correct current address. The statutory demand can then be served to the correct address and you are no longer bothered. But if you don't have your friends address, you should get someone to write to Shoosmiths.


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If you take the steps suggested, and have a record of the letters and still have them, you could add that any further correspondence will be regarded as harassment contrary to the Protection From Harassment Act 1997

 

(1)A person must not pursue a course of conduct—

 

(a)which amounts to harassment of another, and

 

(b)which he knows or ought to know amounts to harassment of the other.

 

If they continue after the letter from a Professional like a Councillor CAB etc another letter stating all contacts are logged and recorded, all letters filed ready to ground an action for harassment contrary to S1 of the above Act, should help focus their tiny money grubbing mind, as you are not the debtor, so they should not now be contacting you. If their collector calls call the police.


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and please stop letting no powers DCA's into your house

they are not bailiffs

they have no right of entry

they have no right to question you or anyone.

 

 

quite honestly id be reporting all of them

as they appear to me to have conned you into doing things

you had no legal right to allow them to happen.

 

 

I bet not once did they tell you they had no legal powers to do any of what they have done.

 

 

dx


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Hi all.

 

Thank you for your advice,

in answer to a couple of questions,

 

 

I do have care, but I have no involvement with social services, as in a social worker..

And the department i deal with I spoke to earlier today

whos advice was to contact either citizens advice, or welfare rights organization.

 

 

I spent all this afternoon trying to get an answer on the phone from citizens advice, to no avail.

And welfare rights took my details and told me they are inundated with appointments

but some one would call me back in the next few weeks.

 

Im confident enough to be able to write my own letters, as im ok with a computer.

(hence being and avid consumer action group viewer for the last few years.

I was pretty confident they could not do anything to me in particular,

other than hound me as they have in the past.

 

 

But it has become more the embarrassment aspect now, of having to discuss this through a door entry system,

which is by nature quite loud and can be heard clearly by anyone around.

 

 

Also having to keep justifying my situation to these people. Which in its self feels unjust.

 

 

There feels a slight stigma to having debt collectors come here in the first place,

but add to it that it is not my debt, and that my neighbors are being involved, and the deceptive phone calls.

Then having to explain my situation to these people out loud for all to hear.

 

I have two aims,

one is to stop them harassing me, and

the other is to do so without my friend being made bankrupt by default by these people if that is at all possible now.

 

 

I could have tried to contact the friend before now, so he could sort this out.

But have been very wrapped up in sorting myself out medically, to do the job of some debt collector.

 

 

But now, with this statutory demand, and some things i read,

i dont want him to lose everything again by default because of my lack of effort.

Last time it almost destroyed him.

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hi dx.

 

I knew from some things i have read on here that i did not need to let in the debt collector,

but i did so as an attempt to show these people my circumstances,

in the hope the would finally they was barking up the wrong tree and leave me alone.

 

 

The only way i could discuss this with this guy without having to do so through the intercom was to allow him in,

and upstairs. And by this time they sent a letter to say this particular visit was a statutory demand service.

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they cant go ahead with anything as the SD has not been served to him.

just remember the SD is just a piece of paper that they might do it.

 

 

but its invalid due to lack of proper service.

 

 

dx


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Thanks dx

 

Thats what confused me,

this statutory demand says he has 18 day from the date it was served,

It was pushed through my door at about 3pm yesterday afternoon hand written.

 

 

When i opened it, it was this statutory demand, the ONLY date on it, is October 2015.

 

 

No date of service, hand delivered so no date on envelope,

 

 

so how long do i have to find him ?

 

 

They say they exhausted every reasonable avenue to serve him personally?

 

 

Because they came to my house and left without seeing him.

 

 

Why not put a date on, so at least i know how long i have to try to trace him.

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October 2015?

 

 

dx


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The only date on the statutory demand hand delivered yesterday is under a signed and Section of the forms and says 9th October 2015. There is no other date any where on the forms headed 6.1

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they are having a laugh..utter bog roll!

 

 

can you scan it up at all?

 

 

dx


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I don't have a scan facility but I might be able to take pictures and upload then tomorrow, will have to read up on how to do it first.

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if you wish I can send you a secure email address to send the photos too and i'll do it for you?

 

 

dx


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Its the wrong form anyway (6.1) if its for a business debt and is only legally valid if served on his business address.......return to sender.

 

Andy


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nice spot

knowledge is king..

 

 

dx


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Hi guys

 

The letter says is for a personal guarantee against a business debt, does that make the difference?

 

Dx

 

that would be fine, but i didnt cross out the personal details on the pictures, and ive sent someone to have it copied so i can use them to take out the details.. does that matter?

 

My intentions today are to put a letter together for all of the companies that have been here lately, tell them once and for all in writing he is not here, as an after though, i wondered if i should bother writing one to the Royal Bank of Scotland?

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You can write to any company, but as you are not the debtor or any source of information that Banks or debt collectors would trust as being reliable for Data Protection and legal purposes, they might not respond. For all they know your friend is using your spare room and your address for correspondence.

 

Unfortunately, as your friend gave your address and they have not been provided with any other address, they can continue writing to your address. This was the point i was trying to make, that these companies might take letters more seriously if from someone independent.

 

Although the statutory declaration form used might be incorrect, they might still try to use it for making your friend bankrupt, so if you can find his address, you should warn him. The statutory declaration should be sent back to Shoosmiths with a covering letter advising that the person does not live at the address and has not for several years. Also that the process server who attended was made fully aware of this.


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Hi unclebulgaria67

 

He did not give them my address ever. As at the time of his business going down, he lived in his family home.

 

But while he stayed here he did, with my consent open a bank account, and take out a mobile phone contract, as when his business went so did his bank account and his phone contract was in his business.

 

I totally understand what you say about the 'independent letter' but i dont have any dealings with anyone out side of my immediate circle, ive fought hard over the years to actually stay independent from social services etc, as in my own words. 'my body doesn't work, but my mind does'' And the only independence i have is the ability to run my own life. Sounds stubborn i know, but it got me this far!

 

I know im not the debtor, but my reason for writing to them, is not for information about what they want with him. But for them to stop coming to me.

As for data protection. Well Robinson way so far told me and some one at my property he owes them money. Told me he has a son. Told me he took credit out recently. Not sure they understand data protection at all.

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It sounds like your friend still has your address on credit reference agency records and has not taken out any account using a different address. If he had taken out another account using a different address, the credit records would have been updated and they would be contacting the new address.

 

At the moment, all you can do is return correspondence back to companies, either envelopes unopened marked ' returned to sender, not at address' or send back with a covering letter.

 

If this situation gets any worse, you could ask your local MP whether they would write on your behalf, as this hassle must be detrimental to your health and companies should try harder to trace your friend.

 

Re Data Protection and the doostep collection agents. These are mostly self employed and earn a commission for any debts collected. So some of them think it is acceptable to use embarrassment. Of course it not acceptable behaviour, but not much you can do. Even if you had video evidence, you would not get much compensation.


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