If your in debt can collectors make your parents pay? i left home 20yrs ago

destiny_buster

:A

Hi my parents own their own home, never had any debts and owe nothing to no one.

I on the other hand a few years ago had credit cards, store cards and a catalgue, sadly I lost my job then stayed at home caring full time for my children. ( one of which special needs )

I havent lived at home with my parents for aprox 23yrs for some unknown reason debt collection agencies have started to write to my parents address?

My question is can a debt collection agency make your parents pay your debts? can they make your parents sell their house?

My dad is in panic mode as he has never owed anyone anything and has worked damn hard all of his life to get where he is, I am getting a head ache !

Hannah_10

No, no one else can be held liable for your debt. The Debt Collection Agencies (or DCA's for short) are slipperier than soapy snakes so consider yourself warned to take anything they say (including implying or saying that they can get your parents to pay up) with a large pinch of salt.

Tell us a bit more about these debts, how did they come about and crucially- when, what year?

bottleofred

Hi destinybuster,

Unless your parents were guarantors or were the main account holders on any of these catalogue or credit card debts, then the debt collectors cannot make them pay. They can only pursue the name of the person who had the credit account and in this instance I assume this to be you, so nobody else can then be held responsible for them other than you. Debt collection agencies tell so many lies and bully people, but ignore empty threats if they are saying they can take money etc from your parents. How old are the debts? have you made any payments on them?

Ames

No they can't make your parents pay, and they shouldn't even be talking to them. If they've told your parents that you're in debt then they've broken the DPA and need to be reported to the information commissioner.

magpiecottage

Assuming they are not guarantors then they have nothing to fear and can go onto the offensive using the template letter below.

They should send get proof of purchase (free from the Post Office) and hang on to it in case they do not get a satisfactory response and need to go to the Financial Ombudsman Service:

[Dad's name and address]

[Debt collection agency's name]
[DCA's address]

Your ref [DCA's reference number]

[Date]

Dear Sirs

Complaint

I am writing in connection with your correspondence under the above reference.

I have no debt to you or your client and wish to complain that you have breached the following section of "Debt collection guidance - Final guidance on unfair business practices" published by the Office of Fair Trading:

Paragraph 2.4f - pursuing third parties for payment when they are not liable

Paragraph 2.8a - sending demands for payment to an individual when it is uncertain that
they are the debtor in question

This has caused me considerable distress and I consider it appropriate that you compensate me for this.

In case you are unaware of the rules of that you are required to follow, I have been told that they are as follows:

On receipt of this complaint, which will be deemed to have occurred two working days after it was posted, you must promptly acknowledge it, in writing, and provide me with a written copy of your Complaints Procedure.

You must keep me updated with the progress of your investigation of my complaint.

Once the complaint has been investigated you must issue me with your final response, explaining your findings and including any proposal you may wish to make in order to put things right. Your final response must tell me if I may take my complaint to the Final Ombudsman Service and how long I have to do so. You must also provide me with a booklet published by the Financial Ombudsman Service, about how it works if you have not done so already.

If you are unable to provide me with a response within eight weeks, you will have to write to me to explain why, confirm that I can then ask the Financial Ombudsman Service to consider my complaint and provide me with a copy of its leaflet.

I look forward to hearing your proposals.

Yours faithfully




[Dad's name]

FOURCANDLES_2

Unless your parents were on the credit agreements I would assume not , otherwise we would all be getting some one else to pay our Bills.

DarkConvict

The above letter makes reference to these guidelines, i advise you read them its sort and worthwhile, if they are breached you can involve the OFT - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

DVardysShadow

magpiecottage wrote: »

Assuming they are not guarantors then they have nothing to fear and can go onto the offensive using the template letter below.

They should send get proof of purchase (free from the Post Office) and hang on to it in case they do not get a satisfactory response and need to go to the Financial Ombudsman Service: .....

-> Proff of Postage methinks.

magpiecottage

DVardysShadow wrote: »

-> Proff of Postage methinks.

PROOF of postage

Fifteen all!

magpiecottage

DarkConvict wrote: »

The above letter makes reference to these guidelines, i advise you read them its sort and worthwhile, if they are breached you can involve the OFT - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Better to involve FOS if they don't co-operate because the OFT will not consider individual cases.

FOS does, will charge MH £500 for the privelege (win or lose) and if it gets enough of these complaints will publish the outcomes. If that shows lots being upheld, the OFT will take notice.