bryan carter solicitors harrassing my 75 yr old mother!

katiekatie

Hiya everyone,
Hope this is in right place.
I keep getting phone calls at my house from bryan carter solicitors for my 75 yr old mum and they when i pose as my mother they won't tell me what its about until i confirm my date of birth which i won't do.
My mum shouldn't have any debt and the only reason why anyone would have my number for her is because i sorted things out when my father passed away 4 years ago.
What should i do please?

lindann_2

Either yourself, (with mums permission) or Mum to write to ask them to prove the debt is owed,

if l am thinking rightly the onus is them to prove where the debt has risen from.. stating that you will pass the harassment calls to OFt if you keep getting calls only you will converse in writing only. If Mum writes it ask her to print her name, not sign it as these can be copied

FireWyrm

Lindann is right. The easiest way to deal with this is by letter. No need for pesky DPA rules then. If they phone you, tell them to put it in writing and that further telephone calls are considered to be unwelcome and may result in a complaint to higher authority.

If there IS a debt, the onus is on the creditor to prove it, not the alleged debtor to prove it isnt theirs. Dont be bullied and just stand your ground.

katiekatie

Hi,
Thanks for your reply.
The girl on the other end of the phone said they sent a letter in 2008? i asked her to send me a letter but got nothing yet.
She is having trouble with her memory at the moment so i don't want her worrying.
Thanks again
Katie

bargainbetty

Stop talking to them by phone. Write to them saying until a full letter explaining their business with your mother is received, you will consider any other contact with you or her harassment and will report it the relevant authorities accordingly.

They have one chance to detail their business with your mother - with all of the relevant information - or to shut up and go away.

See what they send - no doubt it will be utter b*lls on their part.

Lensman_2

Unless you have legal rights to your Mum's finances you might want to write the letter for her and get her to sign it.

You need to send them a "prove it" letter.
https://forums.moneysavingexpert.com/discussion/2607247

Customise it for your own use.

And start with "All correspondence with you will be strictly in writing in this matter. Further phone calls will be considered harassment, which puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997."

Edit - a link to the full "telephone harassment" letter template.
http://forums.moneysavingexpert.com/showpost.php?p=11571485&postcount=4

katiekatie

Hi all,
Just an update.
I sent the 'prove it' letter and they have now sent a letter stating the company the debt was from but says 'with the last payment of £31.50 made on the 26th october,2012, which was assigned to Arrow Global Ltd'.
Apparantly a county court claim was issued on November 10th,2009. Judgement was awarded for the sum of £318.15, to be made by monthly payments of £50, on 4th december,2009.
They look forward to hearing from me with my payments.

For one,mum still doesn't recall this debt from nearly 4 years ago,
2. My mum doesn't live at this address so how they have got this address, i don't know.
She lives in a flat and is on electoral role too.

Where do i go from here please?
Thanks Katie

fatbelly

katiekatie wrote: »

says 'with the last payment of £31.50 made on the 26th october,2012,

Hi Katie

Unless I'm mistaken, it's only July 2012 at the moment!

Get the county court number from them (it's a sort of 7XX234567 format) and contact the issuing court for a copy of what they hold.

Might be worth getting a copy of her Experian report too - £2 gets the statutory one. The ccj should be on there if it exists and applies to your mum.

http://www.experian.co.uk/consumer/statutory-report.html

Odd that the earlier phone call just said 'we sent a letter in 2008.' You'd think if they had got a ccj in 2009 they might have mentioned that rather than the letter in 2008!

katiekatie

Hi,
Thanks Fatbelly.
Yes it is only July,2012, They must be able to see into the future. HaHa

If i ask for the court stuff won't that mean my mum's admitting to a debt she can't recall.
She doesn't live at my address so they still don't know if they have the right person or not cos she lives on her own.
Thanks Katie

DVardysShadow

katiekatie wrote: »

If i ask for the court stuff won't that mean my mum's admitting to a debt she can't recall.

Absolutely not. If the Debt Collector is alleging a CCJ against anyone, that person implicitly has the right to see the judgement - if only to challenge it.

fatbelly

If they just quoted the date of the ccj, but not the reference, I'm already suspicious.

This is Frederickson, with a fancy letterhead, isn't it?