UKC

I am living in a family home where my brother used to live until I moved back to the UK. He appears to have run up quite a debt and left the balance behind under the family house address. These cc companies have been in touch daily, by letter and phone calls to reclaim their money but are not being successful as we dan't have it, it isn't our debt and the home nor anything in it is his. We sent all the letters back, not at this address, and all the calls we tell them he is not here, but they say they don't believe us. These letters are now threatening with giving the case to a debt collection agency and even a door visit from collectors which in itself is embarrassing.
I know there is a very diverse community on here and would like opinion, maybe even advice on where I go from here, options and probable outcome.

Thanks

In reply to Dominicandave:

Just carry on. Probable outcome more stupid letters.

jcm

In reply to johncoxmysteriously:

Of course, you could try giving them your brother's present address.

jcm

In reply to johncoxmysteriously:

I had debt collectors visit once for a previous occupant. I told them to get lost. I recall they asked me to say who I was, to which I also told them to get lost. They did get lost.

OTOH if they are court bailiffs, I suggest the OP does seek to prove the debt is not his as they have rather greater powers.

Neil

In reply to Dominicandave:

They are scum pushing their luck trying to intimidate you.

youve told them the Debtor doesnt Live there. Thats it.

If they Persist or send Debt collectors to your door, give them short thrift and Approach the citizens Advice about harrassment

In reply to Dominicandave: We had a lot of letters addressed to an obviously made-up name, and the return address showed they were from a debt collection agency. Returning with "Not at this address" had no effect. What made them go away was writing them a letter explaining 1) that this person did not live here, and 2) that I would consider any further communication harassment. I think I may have said that I would consult solicitors about bringing action if the harassment continued

In general, I think a letter has to be dealt with by someone to consider an appropriate course of action, and if you explain the situation they will probably go away. I think it can also be useful documentary evidence if you ever need to prove you've explained the situation in the future.

In reply to Dominicandave: I am not really a big fan of just telling people to go away. The problem is that this is the response from households who genuinely have something to hide and such remarks only cause the perusing companies to utilise the full force of the law to exhaust all possible avenues including court orders and bailiffs. Getting the contents of your house back later is going to be a lot harder and stressful than writing a letter now explaining that your brother is no longer at the address. You can explain that if they continue to harass you, you will take matters further.

In reply to climbwhenready:

This. Send the letter by recorded delivery also so they can't squirm and say it was never received.

In reply to johncoxmysteriously: my brother has left the country, as far as I know he has gone to Haiti on some voluntary work, but I haven't heard from him and so he could be anywhere. The debt is for just under £3000 and is with a company called Vanquias. I can not understand how he ever got another CC as he is or should be black listed after running up thousands and thousands of unpaid CC bills only a few years ago. I doubt he could get an account at the local newspaper shop for newspaper delivery his debt record is that bad. I'm upset they gave him more debt, and more so we are taking the stress of it.

In reply to Dominicandave:

Dave

If youre that worried and stressed about it, stop Talking on here now, and contact your local citizens advice bureau right now. They will help with this.

Good luck and best wishes

In reply to Dominicandave: Carry on returning the letters as you are ding - don't open them.

Next time they phone explain the situation again. State that they are harassing you and you would like to make a complaint and ask for the name and address of the person you should write to. Send the letter recorded delivery and keep a copy. If they don't provide details then state that you will be making a complaint to the Financial Services Ombudsman. Do this, but again keep copies of letters.

In relation to bailiffs, whilst it might be stressful if they do turn up, they should not be invited into your house, and they can't break in or force their way in. Even if you do invite them in they can't take anything that does not belong to your brother.

It might also be worth contacting your local authority to ensure brother is not still registered at your address on the electoral roll. Could also contact Experian and Equifax (credit rating agencies) to see if brother is registered at your address in their records. If he is write to them asking them to state in their records that he does not live there any longer. Good luck!

In reply to Dominicandave:
If the letters are not addressed to you then just throw them in the bin. As for the phone calls, 1471 the number then google that number. This will tell you who it is and where they are. Sent them a telephone harassment letter <template on consumer action group forums> which will end the phone calls. Register your number with the TPS although it is of limited use. Any baliffs etc that come around then simply prove you are not the person in question with your id. Do NOT let anyone in to your house. Put up with this for 6 six years after which the debt becomes statute barred and unenforcable anyway.

In reply to Dominicandave: call the creditors tell them the debt isn't yours. They are not allowed to contact you once the owner of the debt is in question.

In reply to wilkie14c:
Suggest OP does not bin them - could be an offence! Ref: Interference with mail - Postal Services Act 2000, sections 83 and 84.

In reply to Climbing Pieman:
I regularly bin mail addressed to the previous occupier and I manage to carry it from the front door to the kitchen bin without interfering with it in any way. Perhaps I should tell mrs wilkie to prepare for Christmas on her own this year and to send my card to me in chokey?

In reply to wilkie14c:
LOL. I think the OP's position though maybe somewhat different to yours given the active "harassment", I mean communication, by a creditor and obvious family connection. It could be very different if the creditor was bothered to pursue the possibility of an alleged interference of mail. The OP seems stressed enough hence for the avoidance of his doubt I commented on the binning part - he has been given the help he needs by various posters of how to handle the rest. In my experience it is relatively easy to stop any contact if he takes the necessary steps.

In reply to Climbing Pieman:
Yes, unfortunatly the position means he has nothing to worry about at all but there are steps to take. Each debt collector needs a cease and desist notice serving on them <CAG templates> which will stop them writing, phoning and making a visit <given or implied permission to visit withdrawn as part of the C&D> then the debit collector will realise they'll get nothing here and sell the debt onto the next firm where the OP has to do it all again, ad infinitum for six years. after six years then debt isn't legally enforcable unless the original debtor has 'tended' the debt. Making any payment or even an offer of a payment is seen as tendering and the six years starts again. Its a total pain in the arse system but you have to be strong and no give an inch. Should the debit collector breech the C&D the authorities can get involved but until then they know they can rely on harrassment and intemidation tatics and many will pay up just to get rid of them.
I freelanced in an advisory capacity some years ago in field, saved a lot of folk heartache. The consumer action group were a godsend to me back then.