Lodger racking up debts and moved out

beckysbobbles1

My sister had a lodger living with her in a room in her house and she has since moved out but has left nearly £3000 worth of debt.


The girl was from Poland and has since moved back home leaving no forwarding address.


My sister was sending any mail back 'return to sender' but decided to open one of them as it was marked urgent and has discovered there is an overdraft and loan due by the girls bank (Natwest).


My sister is worried debt collectors could come to her address. She had a lodger agreement in place but this was only over email.


Will the poor credit affect her address as well? I'm trying to give her some guidance.


Thanks.

sourcrates

Hi,

Debt, bad or good, is not linked to any particular address, only to the individual whose name the debt is in.

Obviously your sister will have a different name, so it won't affect her.

Not her name, so not her problem, if any one comes looking for the Lodger, simply tell the truth that she has moved out, and you have no forwarding address.

Return the post to sender with the same message on it.

MrsTinks

Credit history is not linked to addresses, despite what old wives tales you might hear.

Is it possible that the debt collectors might turn up? Yes, however they can't pursue your sister for someone else's debt.

She can keep send the letters back as "no longer at this address" - or even put her new address on the envelope if she wants. Should anyone turn up then she arguably don't need to speak to them, but it would speed up getting rid of anyone if she proved she was not the debtor and the debtor no longer resides at that address. I appreciate plenty will say she should just ignore the letters and any door step collections, but there is a fair chance the bank might go all out with a CCJ and if it's ignored it will be more hassle to deal with bailiffs turning up, so might as well try and get rid of them now...

Ultimately though other than the irritation of someone turning up then there is nothing anyone can do that should affect your sister.

beckysbobbles1

Thanks so much for the replies. It should help put her mind at rest.

Diodiva

just wanted to reassure you a little at what is probably a worrying time, someone will be along with more specific advice.

First off as a lodger the debts will be unsecured, whilst it is possible that bailiffs may call, she are powerless against your sisters property, I would however suggest she has a copy of the ownership of her car easily reachable should someone come knocking, I believe there is a letter on the forum stickies somewhere that you/she can give to the bailiffs that states that the person to whom the debt applies does not live at the address and therefore to stop visiting etc.

All mail should be returned to the sender with not at this address on it.

the poor credit will not affect her address because debts are linked with the individual and not the address.

It's a mess and worrying for your sister but reading the info on the forum really helps, practical advice like, do not under any circumstances let in a bailiff, she doesnt even have to talk to them if she doesnt want to, though it can help if she goes outside and closes the door behind her (very important do not leave open or unlocked) and gives them the letter, they will usually not return and will send the debt collection order back to the creditor.

I was in a situation where a previous tenant at my address did a bunk with a bunch of debts and we were getting bailiffs letters etc, reading the info on here helped me to understand that bailiffs work on fear, and intimidation and rely on people not knowing their lack of actual power.

lou

sourcrates

It depends what kind of debt it is.

Bayliffs are rarely used to recover consumer debt, and can only be used after a court order has been obtained.

If it were unpaid rent or council tax, then bayliffs are more likely to call.

MrsTinks

Sourcrates, any idea if there has been an increase in debt recovery when people leave the UK? Random I know but I wonder if we might see this rise until article 50 is invoked? Any possible chance of legal recovery however slim might vanish once that happens so I wonder if they might start pursuing this more aggressively? Just pondering.

redux

MrsTinks wrote: »

Sourcrates, any idea if there has been an increase in debt recovery when people leave the UK? Random I know but I wonder if we might see this rise until article 50 is invoked? Any possible chance of legal recovery however slim might vanish once that happens so I wonder if they might start pursuing this more aggressively? Just pondering.

I assume that such matters as cross-border consumer and commercial debt enforcement or recovery methods would be amongst a few thousand others to be negotiated in the ensuing months.

sourcrates

MrsTinks wrote: »

Sourcrates, any idea if there has been an increase in debt recovery when people leave the UK? Random I know but I wonder if we might see this rise until article 50 is invoked? Any possible chance of legal recovery however slim might vanish once that happens so I wonder if they might start pursuing this more aggressively? Just pondering.

Anyone's guess at the moment.

The big brexit debate just goes to highlight how many of "our" laws are governed by Brussels.

European legislation has been the byword up until now, maybe we will see a return to English common law, who knows ?

MrsTinks

redux wrote: »

I assume that such matters as cross-border consumer and commercial debt enforcement or recovery methods would be amongst a few thousand others to be negotiated in the ensuing months.

It interests me purely because at the moment I'm aware of very little cross border enforcement, I wonder if we might see a spike in it prior to Section 50 being enacted, so once it's been invoked...

I guess both ways really. Will we potentially also find people in the UK getting chased for debts from abroad. It will be interesting to see and also how the legalities of it will work... One to watch...

Guest101

beckysbobbles1 wrote: »

My sister had a lodger living with her in a room in her house and she has since moved out but has left nearly £3000 worth of debt. - debt to who?


The girl was from Poland and has since moved back home leaving no forwarding address. - Not relevant, unless debt is to your sister


My sister was sending any mail back 'return to sender' but decided to open one of them as it was marked urgent and has discovered there is an overdraft and loan due by the girls bank (Natwest). - Irrelevant.


My sister is worried debt collectors could come to her address. She had a lodger agreement in place but this was only over email. - Irrelevant


Will the poor credit affect her address as well? I'm trying to give her some guidance. - no


Thanks.

The debt is not hers, she has nothing to worry about