Debtors chasing my BF

[Hobbs123]

You helped me/my BF previously and I am hoping you can advise me again.

 

My BF moved in with me in April, he did not redirect his mail

a neighbour has been forwarding it to him,

 

there have been some dreaded brown envelopes I know he has been avoiding and not sharing with me.

 

This week he received a letter (not sure who from as he has it with him) asking him to confirm he is now living at my address.

 

He has not responded and instead contacted a company to see if he can get another IVA set up (he defaulted on a previous one he had set up after finding himself out of work and unable to pay it),

 

he has been told he cannot get one now as the rules have changed and unless I provide my income details they cannot help him

 

(I am not prepared to do this as it has nothing to do with him paying his debts, they are his from before he met me, thankfully we made a "living together agreement" before he moved in stating this).

 

He is looking into an alternative which the company advised,

sorry I don't know what it is as he is being quite secretive and says he wants to sort it out,

 

however I heard him on the phone yesterday and they want him to get a list of the debts and call them back,

 

he plans to call the company that wrote to him and get that today.

 

My worry is does and will this situation affect my address at all,

the house is mine and I have a small mortgage on it and everything is in my name,

I did declare him as living here for council tax purposes.

 

I think they possibly found him through the council or the elecrtoral register.

Help ! I am really worried and don't know what to do.........

[renegadeimp]

Why ar eyou worried? DCA's cant do anything.

 

Do NOT phone or contact the DCA. They will start harassing you, as it shows you dont know what to do.

[dx100uk]

what are they chasing and from whom?

 

 

dx

[dx100uk]

I question the wisdom of going for any form of debt management/pay off untl we have a list of his debts and who is chasing him.

 

could all be 99% DCA based [a brown envelope means stuff all today]

 

of which I bet most aren't even owed to any one??

[ericsbrother]

They are HIS debts so dont let anyone tell you that because he lives at your address you are somehow responsible. He could be just a lodger so event he relationship is none of their business so dont tell them and dont let BF include any information about you on anything he does.

The only joint debt that can occur is the council tax but I bet you pay that anyway

[Hobbs123]

what are they chasing and from whom?

 

dx

 

The letter is from a company called First Choice,

 

he called them yesterday (withheld his number and told them he was recording the call-he wasn't ).

 

They said the debt is £7041 for a loan with Lloyds bank,

 

they would tell him the original amount owed this is the figure with interest etc.

 

He remembers having an account with Lloyds but not sure he had an actual loan.

 

He has a call arranged for today with some charity organisation he doesn't know the name of but was referred to them by step change management who he contacted about the IVA. Any advice would be appreciated

[dx100uk]

don't do it!!

 

you mean 1st credit??

 

so Lloyds have sold an old loan on that he supposedly didn't pay off that he knows nothing about.

 

time to send the fleecers a CCA request me thinks.

 

and STOP TALKING ON THE PHONE.

these fleecers will say anything to get him to pay a debt

even if its not owed legally!!

 

please wise up!!

 

none of the money would ever go off the old debt even if it did still exist

go directly to their pocket!

 

to fund the harassment of other mugs.

 

 

dx

[unclebulgaria67]

There is not much advice that can be given, as we don't know much info about his debts and his exact situation.

If he is going to receive qualified debt advice, then see what is suggested.

 

In regard to any debt relief solution where he pays what he can afford over a period,

they ask for household income details to see how much money he has available to pay debts.

 

 

If you are paying most of the bills and he therefore has most of his earnings available, then they would expect more.

Of course when any household income and expenses info is drawn up,

you would both show that he is contributing to household spending on things like electricity, broadband etc.

 

Does not affect any assets you own or you personally because he happens to live there. Apart from it being a pain receiving communications from debt collectors and getting involved because he lives with you.

 

As dx suggests, with more info, we might be able to stop him paying debts he does not have to pay.

[Hobbs123]

I managed to get copies of the letters he received,

I hope the copies are good enough for you to see,

I am not sure what his scribbles mean.

 

The planned call yestrday did not take place,

he is going to try and call the charity he has been given that will advise him again today

(even though I told him not to), apparently they are only for advice.

 

He admits he does owe an old unpaid debt with Lloyds, however he doen't know the details,

a company called Churchill Finance dealt with an IVA for him and did everything,

then he stopped paying it after a year or so....

 

I probably have a bigger problem now as my BF showed me other letters he has recently received and hidden from me,

I am uploading them too,

 

please advise and this one looks more of a concern right now,

he says this is another old bank debt (can't remember which one he said, maybe HSBC).........

 

Oh and I think I have convinence my BF not to bother with the 45 min call to the charity organisation people and see what advice you give for this and the new thread opened today......

1st Credit letter 1.pdf

1st Credit letter 2.pdf

[dx100uk]

Phishing letters can be ignored

[Hobbs123]

Thank you so much, I will tell him. No doubt they will now follow with paperwork for the next debt we have to address......

[ericsbrother]

in short they dont know if they are chasing the right person by writing to your address so dont respond as anything said will only help them. they have propbably sent the same letter to other addresses in the hope someone will tell them that they are/arent the person they are after and they then focus their attentions accordingly. Do nothing and they will either give up or have to say something of substance and that can drop them in it if they have got the wrong person/address

[citizenB]

If he is on the electoral roll at your address, then I suspect they will continue sending letters

 

How old are these debts, over 6 years ? Are there any default charges or PPI that could be reclaimed?

 

Perhaps BF needs to seek advice from one of the Debt Advice Charities after checking to establish if the debts are valid ? If under £20,000 perhaps he could see if he is eligible for a DRO, if over and he has not assets then perhaps it might be in his interest to go Bankrupt ?

[Hobbs123]

Thank you for this advice,

all the debts are more than 6 years old,

 

 

I can see from an old bank statement that he was paying them in 2008 with an IVA he had set up

then he hit hard times and could not pay and defaulted the IVA and has never sorted them out since.

 

We had another one turn up yesterday which I will start a new thread for today.

 

I will recommend he makes the call to the charity organisation for advice and considers going bankrupt, I certainly cannot stand the stress........

[unclebulgaria67]

The important info he needs is when the IVA provider last paid any creditors.

If this was more than 6 years ago and he has not admitted to owing these debts in writing since, then the debts will be statute barred, so not enforceable in court.

 

Therefore no need for any debt repayment or bankruptcy.

He would just tell them and they should stop trying to communicate with him.

No more stress for you.

 

If he does not know when these debts were last paid,

then the IVA company should have the info or if not he sends a statute barred letter to creditors putting the onus on them to prove otherwise.

[dx100uk]

you indicate that this was churchwood on another tread

I would be getting an sar off to them ASAP.

 

they were fined heavily and I think no longerexist

they were very well known for taking everything in fees and rarely paying anything to the creditors.

 

there a F&F pot kicking around somewhere they hold too a I suspect they never refunded anything when the IVA failed?

 

dx

[Hobbs123]

you indicate that this was churchwood on another tread

I would be getting an sar off to them ASAP.

 

they were fined heavily and I think no longerexist

they were very well known for taking everything in fees and rarely paying anything to the creditors.

 

there a F&F pot kicking around somewhere they hold too a I suspect they never refunded anything when the IVA failed?

 

dx

 

I sent a SAR to Churchwod 14th September, how should I follow this up ?

[dx100uk]

yes theres an sar failure letter in the library

[Hobbs123]

I'm really not very good at searching the library, sorry I have to ask, is this too short and sweet to send ?

 

Account Number: xxxxxxxxxxxxxx

 

I write in relation to my previous letter dated 14th September in which I requested a copy of data you have referring to my account number stated above.

 

You have not responded to my request and therefore you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the county court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours sincerely,

 

 

xxxxxxxxxxxxx

[dx100uk]

think its 14days the minimum you can state re a LBA

[Rexroth]

Can I be clear on one point, it is your boyfriend who is signing the SAR letter? Because I can't find this information in the thread.

[Hobbs123]

Can I be clear on one point, it is your boyfriend who is signing the SAR letter? Because I can't find this information in the thread.

 

Yes it's my BF signing