Debt recovery question

JackieO42

I have been getting letters to my home for my boyfriend. He works out of the country and this is not his registered address as he stays at a couple of places when he comes back on his time off and does not have his own UK residence. The first time, he asked me to open one and it was from Capquest stating that he owed a little over £2000 for a credit card debt. He said it must be a mistake as he has never had a credit card and as the debt is from 2001 and he started working out of the country at the end of 2000, I have a tendency to believe him.
All this started about 6 months ago. I have had constant letters from them, I have returned them with not at this address written on them and they still keep on coming. I received 2 yesterday with different return addresses, so with his permission, I opened them and there was one from Capquest which stated if he didn't contact them by Jan 17th, it was going to court and stated, I'm assuming, all the usual jargon about garnishing wages, bailiffs and going on his credit ratings etc. The other one was for another credit card which states he owes just over £700.
I have been telling him for ages to sort it out, I don't want these coming to my address, and I certainly don't want bailiffs showing up at my door. He insists he has no idea what it's all about and I believe him. He has worked out of the country for over 6 years, he has not had his own residence in that time, he is not a naturalised citizen, so therefore not on the electoral roll. How would he have managed to get a credit card even if he had applied for one???
I need help for him with dealing with this as he won't be back in the country for another 6 weeks. Does anyone have any answers for me???

bank_of_slate

Welcome to the dfw board Jackie!
Has he been a victim of identity theft?
or maybe he's in denial!
These letters won't just stop coming for him, it could end up with baliffs at the door!
...Linda xx

JackieO42

He's definitely not in denial. He's never had any credit at all, in fact only recently has he received a switch card from the bank, he's always had just a hole in the wall card and it's never bothered him, but not being back in the country for Christmas, I shopped online for his kids, therefore he got a switch card so I could do that for him.
He's had the same bank for 10 years, received no notification of any credit card bills, and as I mentioned, he started working out of the country several months before these debts were incurred.
I've never applied for credit myself as I don't believe in it, but I'm sure it's not that easy to apply for a credit card when you don't have an official residence, and as a fairly new immigrant to the country, (at that time) have no credit history. He said he's never signed any papers for anything, so we don't really know how to approach it at this point.

CLAPTON

debt collection agencies often do fishing type exercises so they write to people with similar /same names to try to find people so it may be as simple as that.


however it might be more serious and could be identity theft.


however that raises the point of why is he associated with your address?

the situation is a bit unclear

he is a foreign national?
he used to live here in th Uk?
he frequently returns here
did he ever live at your address?
you say he has a bank a/c ..is that a UK bank a/c
if yes what address is it registered at?
does he use your address for any reason.
you say you shop online for him using his switch card? ..what address do you use for this and what address is the switch card registered.


in any event i would suggest you get copies of your credit record from the CRAs and see whats on there.

if he is willing to address the issue then he can write to them saying that these debts are not his and demanding for a copy of the alleged credit agreement and a statement of a/c.

JackieO42

I had suggested he contacted them stating that this is not his debt, nor is this his address. It is a UK bank, he uses the company head office for his regular mail and his drivers license as they keep all the mail for their workers there and they can have it sent on to wherever they are working, or can pick it up when they get back.
When I have ordered things for him, I used that address, but used mine for the delivery address.
I think he has been going on the advice of a co-worker who said not to worry about it as seeing that is was from 2001, they can't do anything about it once it passes the 6 year mark. I don't know anything about that, but if this is true, maybe that's why they are determined to get a hold of the money as it's coming up to the 6 years now.
I will ask him to write to the company and ask for a copy of the credit agreement, but not being back in the country for another 6 weeks, it really needs to be sorted out quickly as I'm sure it will be a more difficult situation if it's goes forward to court.

To answer a couple more of your questions, he stays here when he's back in the country, but also stays with his nephew as well. Yes, this is his residing country, just works out of the country for 3 months at a time, has 4 weeks holiday, than back to work again. He is a foreign national, but as an immigrant to the country 8 years ago has all the same rights as a citizen, just can't vote, and can't put his name on an elector roll. He's hoping to find a good paying regular job here so he can apply for citizenship, but unfortunately, living in a tourist town it's quite difficult to do that and he doesn't want to move to far away from his children as they live quite close.

CLAPTON

get your credit report as soon as possible and see whether he is mentioned as being financially associated.

when he writes to them he needs to write carefully as a written communication can be considered an acknowledge of the debt.

so something like this would be alright.


start:

I acknowledge no debt to your company or client. I require you to provide the following documentation before I can correspond further.

You must provide me with a true copy of the alleged agreement you refer to and a statement of account. This is my right under the Consumer Credit Act 1974.
I enclose a Postal Order no.xxxxxx for £1 which is the statutory fee.

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

Please note that any legal action you may take will be vigorously defended.


end of quote ( i think this was originally posted by filewizard)
obvious keep a copy and send it by recorded delivery.

It is the case that even if you owed them money but had made no 'acknowledgment' (i.e. paid no money or no written communication) of the debt for six years, then an ordinary debt is statute barred and they can't enforce the debt.

i think it unlikely they will go to court but if they do he will receive a summons to attend... do not ignore this

JackieO42

I will pass this info on, thanks very much. One other question though. If he uses my address to receive this ifo, isn't that like admitting that he lives here. Would a care of suffice or not?

JackieO42

Sorry, another question, could I type up this and send it in, or would he actually have to sign it for it to be a legal request. I'm thinking of the time it would take to send it from out of the country

CLAPTON

well yes if he used your address then that would mean he has admitted to being there.

he can use any address he likes as long as mail will reach him, but bear in mind that if he is summoned to court they will probably use the new address but no certainties.

i think you need to discuss the issue of use of your address with him ... is there a reason why you dont want him 'officially' there (i dont need to know) but you two need to think about it as its now causing problems...like if you say he doesn't live there then how come he knows about their writing to the address and the threat of court action?

get a copy of your credit files asap.

Elizadog

Hi Jackie,

I would ask CapQuest for proof of the debt. They would have to contact the original creditor who should have an application for a credit card if one was applied for and an agreement.

JackieO42

The only issues I have with him "living" here are credit issues. I don't claim benefits or anything, I recently moved from a place that had bad credit and I couldn't even order anything from a catalogue it was ridiculous. Plus, I really don't want anyone knocking on my door wanting to take my possessions. I don't have a problem with my credit as it would only be about bills and I pay them on time, have never actually applied for any at all, but I will check into it, thanks.