Stopping debt collector letters - previous homeowner

fairly_good_fairy

Hi,

Not too sure if this is the right place but you guys are always so helpful I thought you might know how to sort this out!

We bought our house two years ago off the world's least debt free man under much stress and hassle, we weren't allowed to contact him or anything when we bought the house - just had to deal with intermediaries so we have no relationship with him or a forwarding address.

Two years on we are still regularly getting letters from various debt collection agencies chasing his debts and threatening doorstep collection. I have tried sending the letters back to sender, ringing up telling them he doesn't live here anymore and ringing the banks etc where the original debt was run up saying that he doesn't live here anymore. All the banks say is that they can't change the address as they don't have another and all they do when I ring up one debt collector is they pass it to another one!

Is there any way to stop this or will this go on forever? I am worried that if I keep ignoring the situation that baliffs will turn up at the house!

Thanks very much for your help.

webbie

Hi - I am in exactly the same situation - only I bought the house off someone I see in the playground every day who is dressed in designer gear every day!!

I contacted everybody - only half of them stopped sending letters or calling.

My advice is gat caller ID on your phone or change your number. Should any debt collectors or bailiffs turn up at your door - DO NOT let them step inside and never accept any paperwork or envelopes by hand unless you have verified it is for you.

ALL letters need to be RETURN TO SENDER - sometimes companies will only investigate when they have at least 3 or 6 or so returned letters.

I have even handed over red letters and demands in the playground - but just get confused looks - very frustrating!!

Teacher2301

First - get a credit report from Experian or Equifax - pay the sat. £2 fee and when you get that - see if his name appears on your file. If it does you can get what is called a 'notice of disassociation' - basically, you want to be disassociated from this guys debts. It can take a few months and debt collection agencies will probably still hamper you but when you apply for credit - it won't jeopardise the applications. If you need help - pm me as I have had a lot of experience with this personally.
As far as I have read in this forums - they can't collect a debt without a court order and no sain judge would issue an order for a debt collection that is obviously on the wrong people that have now occupied the address where the debt was started from. (I did say sain judge though!!).
Secondly, write to the debt collection agencies - which I'm sure you have explain to them their situation and keep all correspondance. Don't phone anymore.
Have you contacted your solicitor who did the conveyancing (sp?) - he may be able to contact the vendors solicitor and pass on the debt collection letters that way - or you could inform the debt collectors of the vendors solictors and get them to deal with the debt -just an idea.

rog2

Hi f_g_f - If you have informed these 'people' that the person they are looking for no longer lives at your address they SHOULD stop harassing you, as such harrassment is contrary to the OFT guidelines on Debt Collection.
If, after being informed in writing, they continue to harass you, then you can report them to the Trading Standards Office.
I would, also, suggest that you ask your local CAB for advice.

webbie

Hi - I'm following this thread as I am in the same boat. The problem is it is all VERY time-consuming. You have to go through the same process with every company - often more than once. I have reduced the debt companies from my previous owner from 21 to 8 now - and that's 2 years down the line.

I have done a credit search - nothing shows as I have a different surname. I have even tried being sneaky and using their surname because I was so sick of it - but they can do checks and was unsuccessful.

The CAB just tell you to contact each company then return all mail. My previous owner is obviously paying small amounts occasionally to stop and kind of bailiffs - but never changing the address so it just continues.

I have spoken to my postlady who now just returns most stuff immediately - but when she is away it all comes again - and obviously the address still hasn't been changed.

One day I will get a knock on the door from someone and I am dreading it.

rayday2

I got a knock on the door from a debt collector or baliff or something when we first moved in. I explained the date we took residancy and offered to show him solicitors letters and he was not interested once he knew the man had moved on he took my word for it.

So try not to worry, I would not share the same phone number though if thats the case get it changed BT tend to do it free now.

Shred the letters by law you should not open them so you should not know about it ignorance at times can be bliss!

webbie

rayday2 wrote: »

I got a knock on the door from a debt collector or baliff or something when we first moved in. I explained the date we took residancy and offered to show him solicitors letters and he was not interested once he knew the man had moved on he took my word for it.

So try not to worry, I would not share the same phone number though if thats the case get it changed BT tend to do it free now.

Shred the letters by law you should not open them so you should not know about it ignorance at times can be bliss!

Some letters have been opened because the debt companies change approach and just address "to the occupier". Others I have got so annoyed with I feel the need to know how bad it has got and have opened them. But I still give them to the previous owner - so even they know what I have seen!!

rayday2

If they are saying current occupier they know he has moved on and know they don't stand a chance.

Some people just don't care about debts or are worried at all, if they are not worried about their debts take there lead so long as you have proof when you moved you will be fine.

Teacher2301

I had a similar situation - I contacted the council and they sent me a letter that stated when i paid council tax - it's just another way to proof when you moved in and add's to the debt collectors frustration at trying to get you to pay for someone else's debt. Most council should be able to do this - go through to the debt sections - I did and it worked.

rog2

webbie wrote: »

Some letters have been opened because the debt companies change approach and just address "to the occupier". Others I have got so annoyed with I feel the need to know how bad it has got and have opened them. But I still give them to the previous owner - so even they know what I have seen!!

The Office of Fair Trading, in their Guidelines on Debt Collection - Section 2.8 a, considers it as 'an example of unfair practise' by:

'Sending demands for payment to an individual when it is uncertain that that they are the debtor in question, for example, threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made.'

The full guidelines, detailing how Debt Collectors SHOULD go about their business can be viewed, and downloaded by clicking on the following link:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

It is obvious that these 'people', who have been contacting you, show scant respect for you, and no respect whatsoever for the OFT guidelines, to which they MUST adhere. I see no alternative other than to contact the Trading Standards Office.

fairly_good_fairy

Thanks very much for your replies and your help everyone! I will get a credit report to check we are not being linked to the guy in any way and if I get any more debt letters addressed to the occupier I will speak to citizen's advice/ OFT.

Many thanks