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Sons Debt

Last post Sat, Jan 10 2009, 5:41 PM by God Help Us. 8 replies.
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  •  Sat, Jan 10 2009, 12:27 PM

    Sons Debt

    Hi

    Don't know how to begin but basically my son got into trouble with his Bank, nicely used my address even though he hasn't lived here for years (not on the electrol roll). Everything was okay for a while he kept on top of things but then went to prision. To cut a long story short I tried to help him out by arranging some sort of payment on his behalf to no avail. Data protection Act, ignorant foreign operators who kept putting down the phone with the imortal words of we can't discuss this account etc.

    I did what I was told kept putting the letters/debt agency letters back unknown, mountains of mail. I then copied his last known address and sent it on with unopened letters, still received mountains of Mail. Then the letters from court started to arrive. I popped the letter back unopened with an explanation letter (about a month ago) of what had been going on and now he's recieved another letter from an debt collection agency saying they have bought the debt. I know I shouldn't have opened it but I think after 18 months I am at the end of my tether. The company referred to in the letter says they have bought the debt from GE Global and are asking for nearly £1,000 less than the orginal debt. My question although long winded is it possible that the Courts have taken off all the interest etc and reduced the debt, or if I am unlucky, its another one that's surfaced. I want to just pay this one off to stop this harassment, what's your advice please?

    • Post Points: 35
  •  Sat, Jan 10 2009, 2:37 PM

    Re: Sons Debt

    I'm sorry to hear about your situation but the advice I would give you is as follows. DON'T pay anything off for the lad as you may be opening a can of worms with other creditors he owes money to. You should write to these people explaining his present situation and whereabouts and also give them his HM Prison number and address. Also explain in your letter that he should NOT have used your private address as he doesn't live with you and that you will be ignoring ALL future correspondence.

    I would then pay the standard Post Office fee for a 6 month redirection of mail addressed to your son with his forwarding address as above (his prison number and address).

    It is common practice for company's to sell their debt books off to 3rd party company's who specialise in recovering bad debts (as in your son's case). They pay something like 10p in the pound to buy these 'debts' and so 'if' your son owes company A £1000 company B has bought that debt for just £100. That is how company B can 'afford' to reduce the amount they are chasing your son for. Company A gets £100 from company B plus money off of their insurers (against bad debts) and writes the remainder off (as a bad debt). It works out to be more profitable for company A to get something rather than nothing back and company B works on the basis that it will get maybe one in two debtors to pay a reduced amount back but still making them a good profit.

    You really should use your sons present situation (in prison) positively with ANY company chasing him for money in an effort to get them to write the debts off as 'bad debt'. With a bit of luck he may come out owing nothing as hopefully the recovery company's will have moved on.

    Good luck.

    • Post Points: 5
  •  Sat, Jan 10 2009, 2:46 PM

    Re: Sons Debt

    I was going to say someone will come along with good advice and Somerled had done just that imo.

    Dont pay it, its not your debt.

    • Post Points: 20
  •  Sat, Jan 10 2009, 3:24 PM

    Re: Sons Debt

    Hi Harassed Mum

    I am in a similar situation to you, my son no longer lives with us he is "sofa surfing" with no fixed abode, he has got himself into debt with people chasing him which are a direct result of him not being able to pay his mobile phone bill due to losing his job, as he used to live with us his letters are still coming here.

    I have spoken to him on many occasions and we have bailed him out countless times by paying his bills etc. this was done mainly to prevent the worry of giving our address a bad credit history when our credit history is excellent, although upon talking to the citizens advice it should no longer affect your address with poor credit if the debt was not yours.

    With my son it came to a point where enough was enough as he is not interested in sorting his finances out, we came to the conclusion that as we do not see him that often and he will not take responsibility for his finances we just send the letters back to sender marked with "return to sender no longer at this address and no contact details available" as we do no not have any contact address or phone number he will answer.

    We have decided to let him learn the hard way, we cannot keep bailing him out by paying his bills and fines etc. we cannot afford to, this was not an easy thing to do as he is our son but he does need to learn, I expect eventually they will catch up with him but in the meantime the companies can have their letters back.

    You may think that this is unfair to the company's but I have little sympathy for them as they are letting him take credit with a terrible work history, they need to be more choosy who they let have credit there is no-way I would have given him credit his longest working period to date is a week.

    Perhaps it is time to do the unthinkable and let him sort his own mess out, send the letters back to the debt company unopened marked return to sender addressee not known, after all it is not your debt, harsh? maybe but this will be the only way he will learn I am afraid.

    God Help Us.
    • Post Points: 20
  •  Sat, Jan 10 2009, 3:45 PM

    Re: Sons Debt

    God Help Us...

    .....the only problem with what you are suggesting (and will find out for yourself soon enough) is that the debt recovery company that eventually purchases the debt will NOT just accept a returned letter. They will eventually appear on your doorstep for information as to your sons whereabouts. They have got a certain legal status and will not just 'drop it' just like that! You are absolutely right that this is your sons problem and not his Mum or Dads'. These people though do not care and will pester you forever and a day unless you handle them the right way. If you cannot supply them with your sons latest 'sofa address' then give them the address of the job centre/social service office that he attends. Also suggest that any future mail will then be discarded as it is NOTHING to do with you.

    Harassed Mum's sons situation is a bit different with him being 'inside' and with an HM Prison number and address to prove it...there is nothing these people can do to him and will give up on him as a bad debtor. As far as your son is concerned they will try to 'scare' him into paying something back every two weeks from his giro or threaten him with further court action and a CCJ.

    The very best of luck to you.

    • Post Points: 5
  •  Sat, Jan 10 2009, 4:33 PM

    Re: Sons Debt

    Hi guys

    Thank you very much for your advice. Its hard to keep it up I must admit, they just ignore everything you send them including last known addresses etc. I've even copied a letter head which he sent to me clearly showing the date, prison number and address and sent that to them to no avail.

    I did try the post office redirection a while back, but they said he had to do that, i.e. bring in proof of ID etc and i coudln't do that on his behalf.

    I am also annoyed that I think its 192.com have all our names clearly shown on a directory easily called up on google all residents at my address which goes back years, therefore, if as normal people do register their children when they become of voting age this stays on the records for years, thus enabling credit companies to harass the parents even though their children, former spouses have flown the nest.

    I do get so annoyed that the youth of today can just get credit over the phone with no proof of residence, employment etc. The banks and credit card companies are in fact encouraging this debt.

    At least I have one comfort, if I do pay this off in this instance, he can't get anymore I don't think they do credit cards inside.

    As you say its better that he learns the hard way, but it seems sometimes to me that its me that's learning.

    • Post Points: 20
  •  Sat, Jan 10 2009, 4:49 PM

    Re: Sons Debt

    Good luck anyway.....like I said, the problem with paying this is 'IF' he has any other debts you are showing a 'responsability for paying' for him which could always come back to haunt you with any other debts! The recovery company have a legal duty to accept his prison status (and address). Personally, I would give them all of his prison details, as I mentioned previously, and then suggest that they go and take a hike!
    • Post Points: 20
  •  Sat, Jan 10 2009, 5:09 PM

    Re: Sons Debt

    Thanks, your right.

    I will do this and see what happens, maybe after all this hassel it's worth one more go. I will do as you suggest and photocopy his letter with all the details. Maybe there is an end in sight.

    • Post Points: 5
  •  Sat, Jan 10 2009, 5:41 PM

    Re: Sons Debt

    Hi Somerled.

    Yes I agree with you the debt collection agency will not drop it you are 100% correct but they have the burden to provide proof that our address is his which it is not and they have no legal status against my property for which he is nothing to do with, this I have checked with Citizens advice.

    If they appear on my doorstep I will tell them he does not live here and that I do not know where he lives and if they try to give me any grief by entering my property or threaten myself or my wife I will call the police as they will have no right to do so.

    You are also correct our sons issues are different in regard to the prison bit, harassed mum can give them an address we cannot as we do not know where he is at any given time, you are correct if they do turn up on harassed mums doorstep she can tell them where he is if she wants to, but she does not have to there is no law that says we have to tell them anything it is for them to find out.

    Our son does not claim dole or visit social services I would describe him as being a bit of a gypsy he lives day to day doing odd jobs, he obviously cannot do this forever I suppose he is going through a phase (I hope) eventually we will be here to help him pick up the pieces when he grows up, he knows where we live which is more than that can be said for us.

    I cannot tell you how many times we have sat him down and explained to him that debt will follow him around for years if he does nothing about it, it goes in one ear and out the other, he just does not care, I have not actually mentioned why he does not live at home any more, sad to say it came to a head and I asked him to leave as it was affecting our health which was very hard to do.


    God Help Us
    • Post Points: 5