Help Please! Brothers debt arrives at my address!

sideysid

Hi,

I would like advice on how this would affect me. Just recently I've moved house, and my old post is being redirected.

I got a letter through yesterday to my old address, from a debt collecting agency on behalf of Barclays. My brother held a account with them some while ago and was balcklisted. He owed £2000 on his overdraft and in those years later the debt company is asking for £7k!

My brother has never lived at my old address, nor did he even know my details to give, so how would something like this end up on my doorstep?
Could it be because they have linked our names as we share the same bank?

I don't want to give the debt agency my brothers details, as that means his other debters will catch up with him also.

Would this affect my credit rating in any way, as we both share the same surname? My GF is livid, and she rung the debt agency and they are phoning her back for more information. I've just said to simply say its nothing to do with us, and that we have no contact with him, but she wants to give his details.

This is obviously causing rifts in my family and masses on stress with me in the middle.

Any advice will be greatly appreciated.

rog2

I don't think that a DCA can, legally, ask you to divulge any information about your brother. Neither should they be discussing your brother's financial situation, or debts, with you. This appears to be in contravention of the OFT guidelines, and probably, in contravention of their code of practice. I am sure that the more legally minded among us will be along soon to clarify this.
Assuming that your brother does not live with you, my advice would be to return all letters (unless they are addressed personally to you). If they are addressed to you, write to DCA and confirm that your brother does not live at your address, and tell them to stop writing to you as you have no responsibility for your brother's actions.
Do not give any information (in fact do not speak to them) over the phone.
If possible get your phone supplier to block their number.
Then tell your brother to sort his own problems out, but only if they contact him.

Molanole

Whatever you do please don't try to deal with them by phone. They will only have you tied in knots and you will have no legal redress as they will deny all knowledge of conversations you have with them.

I'm no expert but from what I have seen from other posters on here is that DCAs will try all sorts of underhand tactics to try and locate the person they are chasing, including speculatively writing to third parties in the hope that you will give them the information they need.

I'm pretty sure that this contravenes data protection laws as well so the best thing to do would be to write to them, returning any correspondence not addressed to you personally and advise them that the person they are looking for does not reside at your address.

Good luck in sorting this one out!

file_wizzard

This is typical fishing by a DCA, they are just trying anyone with a similar name or address.

Do not contact the DCA again other that to tell them that the person they are looking for is not you, you are under no obligation to give them any other details as they have also committed a breach under the data protection act by disclosing his details to you

With regards to your credit rating then providing you are not “linked” no this will have no effect whatsoever. I would suggest getting hold of a copy of your credit file, and if any link are present that you have them removed if they are inaccurate

coral

Similar thing happened to me - I told them I did not know where he was & that they were not allowed to ask me for information & I would take legal advice if there was any harm to my address or credit records - never heard anything else!

cattie1

similar thing happened to me for my OH mother-never lived at my address and name is nothing alike!
it should not affect your credit score but if in doubt gey your 30 day free trial from experian if there is anything there you can always ask them to put an ammendment on for creditors to see (free of charge)
i also agree with every1 else-don't open mail just write "never at this address" on the envelope and put it back in letterbox and stop ringing them because the will just lead you a merry dance! good luck

sideysid

Thanks guys,

I think I'll write a letter off to them to stop all communication with my address otherwise I'll take legal action.

Only thing is my gf is still going off her head about him bringing this on our doorstep. I just hope they don't get back in contact with her, as she left her mobile number with them yesterday, after I tried to tell her to say its nothing to do with us.

Im afraid their going to weed out everything they want to know, despite me telling her that what this DCA is doing is against the law.

I just wish I rang up yesterday instead, before she had the chance to.

bargainbetty

I can understand that the GF is upset, but once you get the credit report and clear up the fact that it won't effect you, she should calm down. Have her come on here and it may help her understand the way DCAs work.

Tell her to refuse the calls, and to say nothing more than the fact the person they are looking for doesn't live at her address. Anything more is a breach of privacy, and they are breaking the Data Protection Act anyway.

Return the letters, and if you are in touch with him, tell your brother to sort his life out!!

She'll relax a bit when she realises it is just game-playing, and not a threat to her, I'm sure....

Wouldn't put money on a big family Christmas though......

rog2

If DCA do phone your gf, tell her not to speak to them, record the number and, if she can not get the number barred from her mobile, just tell her not to answer when that number calls. If they persist, from other numbers, or by withholding their number, just tell them that their phone calls constitute harrassment, are illegal and will be reported to OFT. Make sure that, in your letter, you tell them not to call either your, or gf number.

Dr.Shoe_2

I'm glad I have a unique surname. As far as I know I am the only person in the world with that name!