Please help me...

SickWithWorry_2 · 15 October 2008 at 11:38AM

Hi,

I am in a really worryin situation and dont know what to do, i recently broke from a relationship and moved back to my parents house and i have had letters to my parents address from debt companies. how are these companies sending the details to my parents house? i never changed my address cause the move was temporary but my parents cannot pay it and at present i am unemployed... i dont know what to do!! and im really worried.. surely my parents shouldnt have to worry cause the debt is in my name? they are worried they will lose their house cause of my debts..

Dont know what to do....

milliemonster · 15 October 2008 at 11:44AM

Firstly, your parents will not lose their house because of your debts so please reassure them on that score.

I don't know how your creditors got your address but that's not really the issue. You need to look now at how to manage your debts, can you put an SOA together so we can see how we can help? the link is here: http://www.makesenseofcards.com/

Next, you need to speak to someone like CCCS/National Debtline to get some advice

post up your SOA and we'll take it from there

oh and welcome to the board, please try to not worry too much, I understand it all seems frightening now but it WILL get sorted

scaredy_cat · 15 October 2008 at 11:45AM

as long as none of your debts are secured on your parents house, then it won't be touched.

Are you sure the debts the letters are about are yours? some Debt companies go 'fishing' send out letters to people with similar names in the hope that they get paniced and pay the debt.

I'm sure someone else will be along to give you more advise soon.

MrsTinks · 15 October 2008 at 11:49AM

as already mentioned any debts that are yours and in your name will not threaten your parents home in any way shape or form. even if things get really bad and bailiffs get involved they can only cease YOUR property - nothing that is owned by your parents...

You however have to start dealing with things - SOA as suggested and pick up the phone to CCCS (link in my sig) to get things started.

RAS · 15 October 2008 at 11:51AM

If you are on the electoral roll or previously lived at the address or your Ex has told them where you are ???????????

Just to add that these comapnies can do nothing to affect your parents as long as your parents do not get involved in your financial affairs.

You do need to amke sure you do not set up any joint accoutns with your parents, as your credit recoird could affect their credit rating, but as long as you jkeep your accounts separate, then there is not affect on them or their rating.

Please give one of these debt charities a ring http://www.moneysavingexpert.com/loans/debt-help-plan#help and they can help you out. We will also help but you may want a bit of professional advice as well as support and informal advice from here.

SickWithWorry_2 · 15 October 2008 at 11:53AM

hi thanx for responding! well the company that have written are a company called capquest who want £593 for an argos card, my parents have paid 2 other things for me already! and i cant ask them to do more.. i was hoping to change my address when i was back on my feet.. but they have been sending them to my parents. i mean what are my parents rights in this... like just cause im living there dont mean ppl can touch their stuff!? im soo worried... i have recently been made reduntant... and cant pay anything right now. they say in the letter if i dont pay in 7 days it will go to court... will it??
the stress is killing me...

milliemonster · 15 October 2008 at 12:02PM

Do you acknowledge that you owe this debt?, Capquest are a debt collection agency that Argos will have sold the debt to, I know you say you are unemployed but you must be getting some benefits or something? are you able to offer any token payment towards this debt at all? Do you have any other debts? You need to fill in and post the SOA we gave you the link to.

You need to completely forget about your parents involvement as there really is nothing to worry about there, your debts are yours and no creditor or DCA can go to your parents for the debt owed by you.

You can't ignore Capquest, but the court threat is just a threat at present, if you ignore it though it will end up going to court and you would possibly end up with a CCJ where the court would order you to repay (and it would be on your credit file for 6 years)

please please post your SOA so we can see if we can help you find a way of repaying this debt

RAS · 15 October 2008 at 12:02PM

Hi

No they cannot touch your parent's stuff.

Please stop them from paying off these vultures. What they are doing is telling the less reputable end of the debt collection market that they are an easy touch. Once they knwo that they will delibarately search out other debts in your name to try and get them paid off by your parents as well.

You need to send a CCA request to crapquest who are too well known on here. And you need to start reclaim action for charges on any account that you have been charged for late payments.

Got to go now but will check when I get back.

phil80 · 15 October 2008 at 12:09PM

Do not make yourself ill with worry they will not reposess your parents home.

And they will definately not take you to court if ytou do not reply in the next 7 days. This is a scare tactic used by a number of DCA to scare you into making immediate payment.

To buy yourself a bit of time send them a CCA request. This will also make sure that the debt they are chasing is actually your debt. Letter below.

Date

Address
Address
Address
Address
Address

Dear sirs

Re : Reference Number

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours faithfully

Send this letter to the company who are writing to you DO NOT SIGN THE LETTER just print name and send recorded delivery so you have proof of its arrival.

They have 12 working days + 2 days extra for post to respond to this letter before the debt becomes unenforceable.

Hope this helps.

SickWithWorry_2 · 15 October 2008 at 1:58PM

Thank u sooo much for responding!! i have sorted one out already...

I had recieved another letter from wescot sayin i owed money to abbey as i previously banked there... i called abbey and it turns out the account was closed with a zero balance like i thought! kinda scary what these companies are doing...
just dealing with capquest now and writing the letter as we spk ... thanx phil

Cheers guys!!

Please help me...

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