Where does this leave me?? (bit long..)

kat79

I recently had a couple of letters posted to my mum's address a couple of weeks ago and I asked her to open them and tell me what they were. They were both in identical printed envelopes and one was a letter supposedly from Capital One (but on really cheap looking paper which looked a bit iffy once i received them at home), saying that they had passed on my debt of £500(ish) to a debt collector. The other was a letter from said debt collector asking me to contact them to arrange payment.
Mum being mum starts panicking that bailiff are going to take her stuff away thinking its mine so I take a deep breath and say the usual that they aren't bailiffs as its never been to court etc, not to panic, just forward the mail to me and I'll check that it is actually my debt and the dca aren't just trying their luck.

Over the last couple of days I've been trying to find out who this dca is and if the debt is genuine. Over the last 8 years or so I've had CCs with Capital One all bar one have been paid off and closed. (I only had one card at a time!). I wanted to make sure that the alledged debt wasn't one that had already been settled and I wanted to make sure it was totally genuine. Of course if it was legit I would do my best to pay it as its my debt.

However.

A couple of days ago another letter turns up at my mum's place and she calls me wanting to know why I haven't told them I don't live there and I said I'm still checking if its genuine etc just forward it on to me please don't open it. I said that its highly unlikely that anyone will call at the house but if they do to tell them I don't live there and thats that. OK she says.

Yesterday I get a phone call. Mum says if anyone calls you about that debt its been paid today in cash. Its turns out that mum opened my letter that I asked her not to, and paid the full amount that they were asking for, because the letter mentioned going to court. I was livid, especially as I hadn't confirmed that it was real.

After that long story I'll get to my point!:T

Will the fact that a debt in my name but at a different address being paid off in full in cash affect my negotiations with my creditors? OH thinks it will as they may insist on full payment too.

There were more issues that OH raised about this but pregnant brain has kicked in right now and I can't remember what they were!:D Any feedback would be appreciated.


(Oh and don't get me wrong, I am grateful to my mum and appreciate what she tried to do for me, just wish she'd checked with me first! Mums eh? Gotta luv em)

CCCS_Matthew

Hi Kat

If the debt has been paid in full, the DCA should get in contact wit one of the credit reference agencies to mark the debt as settled. (if they haven't done that, I would suggest that you ask them to do so).

What it won't say on your credit file is how much the debt was settled for. So, in answer to your question you don't need to worry that the fact that your Mum has paid the debt off in full will effect your other creditors accepting reduced settlement offers if that is what you are planning to do.

Regards,
CCCS

kat79

Just had a call to say that another letter from the dca has been received at my mum's. (From Robinson Way). I don't know what it says yet as I told her not to open it.

My dilemma is that as I still don't know for sure if it was definately my debt or not should I still investigate it and ask for proof of the credit agreement etc? If I tell them my new address does it give them the green light to potentially harrass me for more money, even though the balance has been paid in full? Sorry for all the questions but this situation is doing my head in! Not to mention the relationship with my mum is getting strained as she keeps stressing about people calling at the door. Have tried to tell her that it most likely will not happen but it makes no difference.

RAS

kat

Do you have any idea how old these debts are?

If they are over 6 years old, they may be statute barred. This means that the debt is not enforceable, although it still exists. Once you tell them you are not paying, they have to stop pursing you.

You really need to stop mum from paying these debts.

To put it very simply, it is not unusual for DCAs to mail everyone with a similiar name and try to get some poor sod to cough up. It is also not unusual for them to chase debts that have been paid, are unenforceable for other reasons.

The Threat of court action would have been carefully worded to get round the OFT Guidelines - refer to our legal department who may ...- etc.

Tell her not to pay anything else.

kat79

Hi RAS, thanks for replying.

I do have an outstanding Capital One debt that I was trying to deal with at my last address (not mums) so they had that address - no reason at all why they should be writing to me at mums address. It all went quiet for some reason so I don't know if this is the same debt or not. This particular debt wouldn't be statute barred as it has only been a year or so since the last communications etc. However I did have a capital one card about 7 years ago that was fully paid off and cancelled (as far as I know).

I am still very cross that mum paid this off without telling me and she knows it! I had told her I wanted to look into it and make sure it was legit before I acknowledged it etc.

So would it still be worth my while to check it out and if they couldn't come up with a credit agreement would I be able to get any money back? Is that how it works? I'm all flustered and trying to get it straight in my head. Or should I write it off as an expensive mistake?

RAS

if mum has paid the chances of getting it back are minimual.

If this was the 7 year old CC, then the debt still existed and Cap 1/the DCA were legally entitled to ask you to pay. Had you said no (or mum been sensible), then they would have had to stop pursuing the debt as it was unenforceable. So there is no recourse if the debt has been paid.

If it was more recent and subject to a CCA and has now been paid off in full, you chances of getting it back are almost nil. One OP here did manage it but it was tough. Again, if you had challenged the debt on the CCa basis and they did not have the documentation, you could have stopped paying.

on the other hand, if it turns out that this was a fishing expedition, then you would be entitled to a refund.

What I think you should do is get the letter and send a copy to the OFT and complain that it panicked your poor mother into paying a debt without ascertaining to what it realted and its legal status. The OFT is not entirely a toothless tiger but it will add the complaint to a list related to the DCA.