Can debt collector chase?

[imj72]

Hi,

completely new to anything with debt collectors so really could do with some help and advice.

 

4 years ago my boyfriend and his then girlfriend wanted a new car,

their credit wasnt great so the girlfriends dad took out the finance.

 

My boyfriend took over the payments as he was using the car.

Then they broke up.

He continued to make payments as he still had the car but

a few months later lost his job.

 

He told the dad what happened and said he would miss 1 month then start paying again, which he did.

Then the dad decides that he wants the car as the finance is in his name.

My boyfriend arranges for the car to be collected and transfers the log book into the dads name.

 

Now a letter has been sent to my address although with the boyfriends name from a company called Federal Management in Skelmersdale.

I got permission to open the letter and found the dad asking for just over £16,000!!!

 

Im worried this will affect my credit rating.

My boyfriend doesnt live with me so where do we both stand?

 

Me regards getting them to stop sending to my address and is my boyfriend liable for this debt as the dad took it out in his name,

the finance company say it has all been settled and he had the car,

 

surely he cant expect to of had the car and the money paid?

 

Very confused, dont know if i should send the debt company a letter disputing it from my side of things.

 

Any help and advice please.

[BRIGADIER2JCS]

Hi Welcome to CAG, For clarification it is the father who has employed Fed M in this?

 

If your boy friend has not signed any contract regarding the vehicle finance arrangements

I cannot see that he is liable.

 

Can you post up the letter suitably redacted so we can get some idea of how this is set up.

 

Your credit files cannot be affected by this you are not a party to any contract regarding the

car , one wonders however where they obtained your address??

[lookinforinfo]

Has the dad made any contact with your b/f prior to this about why there should be any money owing?

If the dad is claiming as an individual, he won't be able to put any derogatory info on either you or your b/fs credit file

especially as there is no contract between the two.

 

Write to Federal saying that you opened the letter by mistake as you live on your own and would expect that alll correspondence would be for you.

tell them that nobody of that name lives at your address and ask them not to write to you again or you will complain to the OFT and your local Trading Standards office.

[imj72]

Hi thanks for reply, i have rung them and they said if i send copy of latest council tax bill showing just me here (kids under 18) they will remove it but i was worried about the consequences ref my credit as its good.

The only contact was initially after they broke up when the dad got nasty saying as they werent together he wanted the car back. My boyfriend had to get an injunction out on the dad as he got so nasty about it all making threats so thats why he decided to give the car back presuming it would be last of it. I know the car was originally about £8000 so if this was fully paid and he had the car how can he be personally claiming he is owed £16,000?

Yes it is the father who has employed FM. Good news that it wont affect credit rating. I will put up copy of letter when i get home, i took a copy but sent original back as i wasnt wanting to give it to my boyfriend incase it classed as contact. He hasnt signed or verbally agreed anything with the dad.

I believe my address came from my boyfriends ex as we sometimes have his children here, lesson learnt there.

My main concern is whether my boyfriend really can be liable for this so called debt. We are waiting for the finance company to get back to us as they are looking to get a copy of the original agreement in the hope it will help us

Thankyou for your help and advice.

[BRIGADIER2JCS]

There are no consequence debt is on the on the name not the address,

so it will not affect you.

[imj72]

Ok, here is what the letter says,

Notice of Instruction, then their ref, the dads name and the amount.

 

Dear Mr -----, we have been instructed by Mr -----to recover monies that you currently hsve outstanding to them, £16,787.78

It is required that the full payment is remitted immediately or further action will be instigated which will lead to further costs being incurred.

 

Please ensure that full payment is made direct to FM by contacting us on 0844 875 4033, uoting your name and ref number. Should you have any further questions, or are not able to pay the balance in full, then you need to contact us immediately.

 

this matter requires your most urgent attention. If we do not recieve a response within the next seven days your credit rating may be affected.

 

Then signed the collections department

 

 

It was the last bit that made me worry ref credit rating but least i can relax its not done on my address but is my boyfriend still liable?

 

Thanks again

[BRIGADIER2JCS]

Not if did not sign any form of contract!!

 

Your BF or you on his behalf should write as follows:

 

To the Compliance Manager

FM

 

Ref:xxx xxxx

 

Dear Sir or Madam,

 

I refer to your letter dated xxxxxx alleging that I owe £xxxxxxx to Mr. xxxxxxx, please

take note I do not acknowledge any debt to you or the person you claim to represent.

 

I formally state that I have no contractual obligation what so ever to your client and

therefore will not be making any payment or offer of payment in regard to this alleged

debt.

 

Furthermore you have not provided any proof or evidence to support the spurios

claim made by your client.

 

Therefore I will not enter into any futher correspondence regarding this alleged debt.

 

send it recorded delivery.

 

OK that's for use if there is no contractual obligation on your boy friend.

[zydeco]

Just to sort this out in my head,

ex-girlfriends daddy has got the car and now wants boyfriend to pay 16k with no contract or agreement?

 

The finance was in daddys name and the dvla shows daddy as the keeper?

 

Federal Management in Skelmersdale are now chasing this non existent debt solely on the say so of daddy without any paperwork?

 

If the answer to these questions is yes tell FM they are chasing yet another lemon and don't give them any information that they are not entitled to. (council tax forms etc.)

 

Oh, just seen Brigs reply, nice one:-D

[imj72]

Answers yes to all those questions so will write my letter asking them not to contact me again. just wish we could put an end to it all.

[BRIGADIER2JCS]

Ok make sure you RD the letter and track delivery!