Homelessness and debt - Need advice

CKhalvashi · 17 June 2013 at 11:53AM

Hey guys,

I dont often pop over here, so I'm just going to let you know that I'm a Town and District Cllr with a housing/drugs and alcohol/benefits specialism.

I've given permission for a young-ish homeless client to use my address as a C/O, as there are circumstances making it inappropriate for this to be anywhere else, and I've just had OH on the phone, stating that there is a debt collector at the door for this person.

I've had a word with the other Cllr on Housing, and she's never come across this one (she deals with the debt side, as she's qualified and I'm not), so I'm just wondering if there is anything that can be done, especially as they're not happy at this time for either myself or OH to disclose any details (the data subject is, and I have this in writing), and in ours and a qualified doctors opinion, this person needs time to get on their feet, although is genuinely happy to pay.

There is evidence of long-term severe depression, and also mental illness, meaning that I'm unhappy to allow this person access to the client for risk of his own safety, although he is perfectly aware of what's happening. He's been on the housing register for 6 months regularly bidding, and I'm going to leave the office as soon as I've sorted what I'm in the middle of sorting, to try and speak to the councils' legal department in relation to both the housing and this situation.

He'd pinged a carefully worded letter that our company solicitor has written, and I have full permission to speak with CCCS (and am doing so regularly) on his behalf, but this creditor is not playing ball. You can't turn blood from a stone!

Any advice would be most appreciated!

CK

RAS · 17 June 2013 at 1:35PM

Hi

The debt collector has no more rights than the paperboy; if he refuses to leave or stop contacting you, call the police (although they will tell you it is a civil matter).

Debt collectors are required by OFT rules to stop chasing anyone consider vulnerable or with health/Mental health problems so they need to bug off.

Your problem is that the debt collector now realises that you are engaged so they are goign to try and pressure you.

Send a letter removing their common law right to visit your property and advise them that the debtor is not resident.

Advise them that you are not going to engage in any further correspondence or comminication and if they get in touch again you will report them to the OFT.

dancingfairy · 17 June 2013 at 2:27PM

the person you are helping may want to seek help from one of the debt agencies such as National Debtline, StepChange, or may CAP (christians against poverty). CAP do face to face help and advice.
Depending on the situation they may wish to write andoffer the creditor token payments of maybe 1 pound per month until their situation improves.
They may also want to look into the possibility of a debt reduction order (DRO) to deal with the debts.
Best of Luck
df
Edit: if the person hasn't paid anything towards the debt in a 6 year period then it may be statute barred anyway so that could be used to tell the debt collector to disappear.
Also if you get a minute National Debtlines factsheets on their website are very informative in terms of rights of bailiffs (as oposed to debt collectors) etc etc.
Edit: Doorstop letter is here:
http://forums.moneysavingexpert.com/showpost.php?p=23635529&postcount=60

CKhalvashi · 17 June 2013 at 4:56PM

Thank guys, and thanks to Dancingfairy for the link! I will get this done tonight, as I've got my girls until 2am, currently being dragged round Hertford to sort the housing out.

I've put a large amount of pressure on the council this afternoon, and it has been assessed as a high priority case now. I don't have the power to shortcut, but I have asked housing to keep a close eye on all 1 bed properties within 2 towns, and they have promised they'll increase from 3 to 6 bids a fortnight!

On the legal part, I have a strongly worded letter, on headed paper from another Cllr who is a solicitor for the DCA. I knew most of the above, but didn't know the mental health part.

I'm typing on iPhone, so sorry if you can't understand half Of it!

CK

CKhalvashi · 18 June 2013 at 11:25AM

I've had a phonecall this morning (paperwork was emailed and posted recorded) to state that the debt had been passed back to Lloyds. I think in the circumstances, it may be best (a letter was sent confirming this) that it may be best not to pursue for the moment, until we've sorted the housing issues out. I certainly don't want bailiffs on the door!

Why wont the banks let me use the council offices as a c/o address? :mad:

Thanks guys!

CK

Homelessness and debt - Need advice

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