Legal advice needed, debt recovery.

Legal advice needed, debt recovery.

Author
Discussion

Vespula

Original Poster:

2,989 posts

178 months

Monday 4th April 2011
quotequote all
Can anyone please tell me how to deal with a letter from a debt collection agency who have written to my address trying to recover a debt a family member has incurred? The letter is addressed to the family member.

The family member has never lived at my current address, nor ever has.

The lettr states, "We have obtained this alternative address as a financial link, linking this address to your previous abode. This financial link information was supplied by a credit refernce agency."

Thank you.

fergywales

1,624 posts

196 months

Monday 4th April 2011
quotequote all
First things first; Did you or the 'family member' open the correspondence?

Vespula

Original Poster:

2,989 posts

178 months

Monday 4th April 2011
quotequote all
Yes, I opened it.

fergywales

1,624 posts

196 months

Monday 4th April 2011
quotequote all
First mistake, should have just written 'Not known at this address, return to sender', crossed out the address and popped it in a postbox.

However, now just put it in a new envelope and do the above. They may not believe it, as the original envelope was opened, so will continue to write to the address. Repeat the above. Costs nothing but a little ink.

It is not your debt, you do not have anything to be worried about. Do a free credit report online to make sure your family member has not become financially linked with you, and carry on with your life.

If there is a link, get it noted on the file.

Soovy

35,829 posts

273 months

Monday 4th April 2011
quotequote all
Vespula said:
Can anyone please tell me how to deal with a letter from a debt collection agency who have written to my address trying to recover a debt a family member has incurred? The letter is addressed to the family member.

The family member has never lived at my current address, nor ever has.

The lettr states, "We have obtained this alternative address as a financial link, linking this address to your previous abode. This financial link information was supplied by a credit refernce agency."

Thank you.
Do your finances have any links with theirs?

Vespula

Original Poster:

2,989 posts

178 months

Monday 4th April 2011
quotequote all
Thanks very much for the prompt help fergywales, my wife and I are worried.

This is actually the second letter from them on this matter, this one is a 'Fail to Respond - Notice', it states: Payment Deadline: Noon, 7th April 2011.

I gnored the first one, sent a month ago.

Bearing the deadline in mind, should I not send them a quick email telling them to cease communication with my address?

Will they send people to knock on my door?

Do I have to give any information on where my family member (it is an immediate family member) now lives?


Vespula

Original Poster:

2,989 posts

178 months

Monday 4th April 2011
quotequote all
Soovy said:
Do your finances have any links with theirs?
I once paid a small debt of theirs to a different debt recovery agency. I pay for their web hosting.

jesta1865

3,448 posts

211 months

Monday 4th April 2011
quotequote all
Vespula said:
Thanks very much for the prompt help fergywales, my wife and I are worried.

This is actually the second letter from them on this matter, this one is a 'Fail to Respond - Notice', it states: Payment Deadline: Noon, 7th April 2011.

I gnored the first one, sent a month ago.

Bearing the deadline in mind, should I not send them a quick email telling them to cease communication with my address?

Will they send people to knock on my door?

Do I have to give any information on where my family member (it is an immediate family member) now lives?
no don't email them, sometimes you can phone them but it depends on how professional they are. as soon as you contact them they can sometimes keep on at you. i have been lucky recently as someone used our address somehow and i have had 2 letters after someone that's not at my address, but i called them, then read the advice on here days later.

returning the letter, with not known this address is the best bet.

Soovy

35,829 posts

273 months

Monday 4th April 2011
quotequote all
Vespula said:
Soovy said:
Do your finances have any links with theirs?
I once paid a small debt of theirs to a different debt recovery agency. I pay for their web hosting.
Well, there you go then - you're linked to them!!

Why have they not paid?



Vespula

Original Poster:

2,989 posts

178 months

Monday 4th April 2011
quotequote all
Soovy said:
Well, there you go then - you're linked to them!!

Why have they not paid?
Soovy, why does anyone not pay?

Appreciate you trying to help smile

blindswelledrat

25,257 posts

234 months

Monday 4th April 2011
quotequote all
Vespula,

Importantly-don't worry about it.
If it isn't your debt and you haven't made youself responsible for it, then there is nothing they can do, despite thier threats.
Its entirely up to you whether you forward on your family members address.
THe absolute worse case scenario is that they get a CCJ out on your family member and then the baliffs arrive at your address at which point you show hte bailiffs that you are not the family member and he has nothing to do with your property and they will go away.

Vespula

Original Poster:

2,989 posts

178 months

Monday 4th April 2011
quotequote all
fergywales said:
Do a free credit report online
Any links or recommended sites please?

oldcynic

2,166 posts

163 months

Monday 4th April 2011
quotequote all
I would reply in writing stating that there is nobody by that name at your address, and as far as you are aware there never has been; also that any further demands for payment will be treated as harrassment and reported to the appropriate authorities.

There is absolutely nothing they can do to you since the alleged debt isn't even in your name, so issuing any court proceeding would be futile.

Google the name of the debt collection agency - you'll soon come across threads with similar stories. And don't give them any more routes to contact you than they've already found for themselves. (Whatever you do don't let them have your phone number - if you must call them then prefix with 141 but letters seem best)

Vespula

Original Poster:

2,989 posts

178 months

Monday 4th April 2011
quotequote all
oldcynic said:
I would reply in writing stating that there is nobody by that name at your address, and as far as you are aware there never has been; also that any further demands for payment will be treated as harrassment and reported to the appropriate authorities.

There is absolutely nothing they can do to you since the alleged debt isn't even in your name, so issuing any court proceeding would be futile.

Google the name of the debt collection agency - you'll soon come across threads with similar stories. And don't give them any more routes to contact you than they've already found for themselves. (Whatever you do don't let them have your phone number - if you must call them then prefix with 141 but letters seem best)
Thank you oldcynic.
If I write to them I understand that I have used the only channel of communication they have, however would I not have to put my own name on the letter and sign it? So far the only information they have is the family member's name (same surname) and my address?

KrazyIvan

4,341 posts

177 months

Monday 4th April 2011
quotequote all
Erm, odd question, but why have you not contacted the "family member" and told them to get it sorted?

Vespula

Original Poster:

2,989 posts

178 months

Monday 4th April 2011
quotequote all
KrazyIvan said:
Erm, odd question, but why have you not contacted the "family member" and told them to get it sorted?
No, a very valid question.

They have a wedding in the next couple of weeks and this might put a huge downer on it, I was planning on discussing it with them after the wedding.

It is quite a chunky sum of money which I know they do not have.

But you are right, I need to discuss.


oldcynic

2,166 posts

163 months

Monday 4th April 2011
quotequote all
Vespula said:
oldcynic said:
I would reply in writing stating that there is nobody by that name at your address, and as far as you are aware there never has been; also that any further demands for payment will be treated as harrassment and reported to the appropriate authorities.

There is absolutely nothing they can do to you since the alleged debt isn't even in your name, so issuing any court proceeding would be futile.

Google the name of the debt collection agency - you'll soon come across threads with similar stories. And don't give them any more routes to contact you than they've already found for themselves. (Whatever you do don't let them have your phone number - if you must call them then prefix with 141 but letters seem best)
Thank you oldcynic.
If I write to them I understand that I have used the only channel of communication they have, however would I not have to put my own name on the letter and sign it? So far the only information they have is the family member's name (same surname) and my address?
Interesting thought.

One approach they allegedly use is to trawl the electoral register and write to everyone with a similar name in the hope of catching a payment. Having the same family name doesn't make the debt yours - my wife has been bugged by debt collectors for the last 6 months over debts incurred by a woman with exactly the same name who lived further down our street - after her house was repossessed it would appear she thought giving our address to ebay would be a smart move. I guess eventually you get immune to the letters because with very few exceptions they are entirely hot air, and in your case you can either ignore the letters completely or simply respond as mentioned above.

If anyone does come calling (and unfortunately it does sometimes happen) then politely but firmly ask them to leave your premises; after this point I believe they are trespassing simply by not leaving and you are completely within your rights to call the police. Even court appointed bailiffs have pretty limited / none existent rights to be on your property, and you'll never meet one of them because the debt isn't yours.

Generally those writing the letters are keyboard warriors who will use stronger and stronger language until either you cave in and pay (or provide information) or they conclude that they will get nowhere and stop wasting paper / stamps on writing to you.

Vespula

Original Poster:

2,989 posts

178 months

Monday 4th April 2011
quotequote all
Thanks for all the advice everyone.

I have sent the letter back saying, 'Opened in error, no known at this address.'

Soovy

35,829 posts

273 months

Monday 4th April 2011
quotequote all
Vespula said:
Thanks for all the advice everyone.

I have sent the letter back saying, 'Opened in error, no known at this address.'
So you've lied then. Well done.


blindswelledrat

25,257 posts

234 months

Monday 4th April 2011
quotequote all
Soovy said:
So you've lied then. Well done.
biglaugh
Exactly my thoughts.
Best way to deal with a situation where you are completely in the right and have no possible comeback is......
.....to tell lies and bring suspision and vengefull thoughts upon yourself