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weths · 07-11-2009, 4:43 PM

Hi, i wonder if you can help me with this one? Ive just had a collector from a company called Scotcall. This was for my boyfriends debt from his marriage. My boyfriend stays with me sometimes but isnt living with me at the moment as i simply cant afford it. However as he is living with friends etc (no permanent address) He has used my address for things like his divorce paperwork to be sent etc. It appears he has given this address for a number of other things too. The debt collector spoke to my boyfriend and told both him and i that i would be liable for the debt. That the debt is registered at my property and if he went bankrupt my equity would be taken into account. That i would have to disassociate myself from him via experian and equifax etc. Is this right? Allowing him to use my address can mess up my own credit and even render me liable? Please help!!!!

gilligansyle · 07-11-2009, 4:47 PM

The debt is registered to your bf at your address, not you. Is there any financial link between you? Do you have a joint bank account or anything? You still can't be held liable for his debts.

I think they were only trying to frighten you.

Doorstep debt collectors have no more rights than the paper boy.

weths · 07-11-2009, 4:52 PM

I have no financial links to him at all. No joint bank account. Nothing in joint names. Everything i have and own is my own.

The man was horrible and didnt even leave a card or anything to prove he was collecting a debt just my boyfriends name, the amount and the creditor. He told me i need to put in a notice of disassociation otherwise that would be it. He told my boyfriend he had to be honest with me about his debts and went on saying if it went to court how much trouble we would be in etc...he did all of this in front of my daughter and i feel sick.. i cannot afford my own debt but certainly not the debt of anyone else...what can i do to complain or even can i complain??

fermi · 07-11-2009, 4:56 PM

In that case he is telling you a pack of lies.

His debts are his own, and you cannot be made liable for them no matter what.

Being linked financially wouldn't make you liable, but you aren't even that.

If it went to court you BF would just have to pay what he could afford. There would be no repercussions for you personally.

weths · 07-11-2009, 4:59 PM

My boyfriend offered a small amount a month and he said the lowest he would take would be £10 a week. The debt is for around 5k. He said that if it went any further they would want three figures a week...im furious and feel sick...

fermi · 07-11-2009, 5:03 PM

Quote:

Originally Posted by weths

My boyfriend offered a small amount a month and he said the lowest he would take would be £10 a week. The debt is for around 5k. He said that if it went any further they would want three figures a week...im furious and feel sick...

They can ask whatever they like. Doesn't mean they can have it, or that your BF is obliged to try.

They know full well that if it went to court that the most likely outcome is that the court would order it paid in installments based upon what your BF can afford.

THAT is why they try these scare tactics now. They know that scaring it out of you now, with lies and threats they can't back up, is their best chance of getting bigger payments.

Sol00 · 07-11-2009, 5:03 PM

I can only echo what the others have said by saying that the address will not make you liable in any way. The collector will more than likely be on commission to collect as much as possible and will use whatever tactics they can. Just ignore their lies!

weths · 07-11-2009, 5:59 PM

The man even said to us that some of what he was saying he shouldnt be...eg advising us to do a notice of disassociation. He then said to my bf that if he told anyone he had said that he would come round and hit him. (not the exact words..i think he said bang him..bump him or something) Its only now that im remembering the things he said and getting more and more angry! I was so quiet because my daughter was in the room and didnt want to make a fuss.

yellowduck · 07-11-2009, 6:07 PM

that is appalling behaviour, you must have been so angry and upset. I don't know a lot about debt collectors and the law, hopefully someone who does will be along soon to advise you. Surely there must be some sanction or legal redress against threats of violence, sounds like the tactics of a loan shark. Hope you are feeling a bit calmer now

weths · 07-11-2009, 6:16 PM

I think ive gone from the upset/sick feeling to feeling downright furious..though perhaps a little calmer now! If i could afford it i would have a glass of wine! Im going to find out how to complain about his behaviour on Monday. However i doubt it will go anywhere. Im just so glad that my equity cant be taken into account. It took me many years to accrue and im slowly trying to get myself out of the financial mire. Thank you everyone for your advice.. next one will be how to construct a strongly worded letter of complaint!

gilligansyle · 07-11-2009, 6:28 PM

I think you should complain about his attitude. He is obviously on commission and wanting to bump up his wages, but that is appalling. Have never actually had a DCA turn up at the door, always swore I wouldn't let them in, now even more convinced.

Ames · 07-11-2009, 6:32 PM

My god, that's appalling, and absolute b*ll*cks! You're in no way liable for the debt, and as Fermi said, your bf has a lot more protection in law than this piece of scum said. How old's your daughter? I hope she's not young enough to have been really scared by him. Definitely complain!

Don't worry about your equity, that's safe, as are your finances. It's his debt not yours, even if you were married and living together that'd be true!

And the address is immaterial, people are blacklisted, not houses.

And for future reference, you don't have to let debt collectors in, just leave them standing in the rain (and if this one turned up again I'd be tempted to throw a bucket of water out of an upstairs window!).

weths · 07-11-2009, 6:38 PM

Funnily enough...well not funny. My daughter is 9 and has just come out of hospital as she has a heart condition! Shes been really poorly...(had cancer when she was little too) and she was sat listening to every word. She said when he had left that he was a horrible man and she didnt like him and didnt feel very nice. I felt like id just been abused in my own home...but she was very upset about it bless her.

Im going to keep a bucket at the ready next time! Ive just read the companys code of practice and sent a complaint via email.

elfen · 07-11-2009, 6:50 PM

Is bullsh*t. You are not responsible for bf's debt, and they can ask for whatever they want, if you can't afford it, you pay what they can and they can whistle. If they try taking you to court and it is all you can afford, then the court will impose an order for the same amount. If they come round again, I'm sure demanding money with menaces is still an arrestable offense

weths · 07-11-2009, 6:55 PM

I feel so much better now everyones said the same thing and that ive complained. Allbeit via email right now. Im still cross that i allowed it to go so far. I should have told him where to go at the time. But i was so shocked and he was pretty convincing. Im actually pretty worried that im going to see him again...but im going to be a lot tougher if i do!

Ames · 07-11-2009, 7:23 PM

I know exactly how you feel, I had a social services a couple of months back where she left me feeling like crap after saying that I was coping fine when I clearly wasn't. As soon as I hit send on the complaint letter I felt so much better!

PNPSUKNET · 07-11-2009, 8:31 PM

make a formal complaint to the CSA about the agency / agent, they will be self employed monkeys on comission and quite honestly what he said to you is a pack of rubish

brizzie · 07-11-2009, 9:36 PM

I once had months of harassment, bailiffs vans turning up, even threats of imprisonment over a debt owed by someone else but once registered at my address.

1. I didn't see where it said who your collector was collecting for but, assuming they are reputable, you should complain directly to them, not just the debt collection agency. Mention the following:

2. What this collector has done is false representation and the harassment would be a criminal offence under Section 40 of the Administration of Justice Act 1970. See the official guidance - search for oft664.pdf (sorry can't post links) . Tell the creditor that you will have no hesitation calling the police and insisting that charges are brought the next time these people harass you. Tell them that if the debt collector is acting on their instructions then you will ask the police to investigate them also. For me this brought an immediate and profuse apology from the creditor and the last I ever heard from the debt collector. Creditors hand over their dirty work, they certainly don't want a police visit themselves.

3. Report the matter to your local Trading Standards office so they are aware. Most likely they will have a file on them already if your experience is typical. Every case reported helps them build evidence to put a stop to these people. Threats of violence should be reported to the police - if they can't do anything at least they have a record of it.

4. You are not, can never be, responsible for your boyfriend's debts.

5. Oddly enough, the debt collector was saying something that could be slightly valid. If your boyfriend has provided your address to his creditor, it is possible that an association has been recorded on credit reference agency files, effectively blacklisting the address and linking you to your boyfriend for credit (NOT debt liability) purposes. You have a right to add a correction note to your credit reference file (call it a disassociation if you like) to explain the situation. But the existence of the link on your credit reference file has zero, repeat zero, effect on the security of your home and equity - it is just a note to help credit scorers assess you as a credit risk (hence why you adding your own note is helpful to you). The credit reference agencies have addresses on their websites where you can write and ask for a copy of your file - if there is no association registered then no need to do anything.

Hugs to your daughter, she doesn't deserve this and sounds like a very brave girl.

Ames · 07-11-2009, 9:49 PM

I agree with everything brizzie said except the last point - addresses aren't blacklisted, only people. So unless you have a financial link with your bf (joint financial products) then you don't have to worry about your credit rating.

brizzie · 07-11-2009, 10:16 PM

Sorry to disagree Ames, but to make sure I have just checked my Experion account. I am still linked on my file to an address I moved from in 1995 and there are clear references to address searches being conducted on credit reference checks. The Court information section also contains sections for current, past, and linked addresses.

From my account on the section marked Previous Searches (so others with an Experion account can double check):
"A search is the process Lenders undertake when they receive a credit application. A search enables Lenders to view information at your address/es in order to decide whether or not to grant credit"

One reason I have an account with Experion is to make sure no-one is making credit applications using my address - identity theft. I can also post a Notice of Correction where necessary.

It isn't anything to worry unduly about, but it would be wrong to say that when a credit search is undertaken that lenders do not look at all information associated with an address, not just information about the applicant. It is very easy to ask for a copy of the record by post and to post a Notice of Correction when necessary so, as I said, nothing to worry unduly about.