Debt Collection Advice

zetec452

zetec452

zetec452

Soldato
Joined
15 Sep 2003
Posts
9,454
Hi There,

I'm after a bit of advice in reference to some debt collection matters. To put you in the picture quickly.

I purchased a flat three months ago in my name only. However, I'm receiving letters from a debt collection company in my brothers name threatening legal action and house visits to my new address.

My brother hasn't been in the UK for over 14 months, has never been to my flat, or had his name registered in any way shape or form in relation to the flat.

Firstly, I'd like to know how this company have assumed or obtained my details and written a letter to my brother at my address? Any ideas?

Secondly, I'm going to write back to them advising that he's not in the country etc but would appreciate any advise on where to take this matter further. Would the financial services authority be interested? Have they breeched data protection rules by sending unsolicited post to this address? For all I know they could have written to every Mr Rohan in the country, that would be rather embarrassing to say the least.

I've had a few letters but have only opened this latest letter. The others were thrown away as they have nothing to do with me.

TIA.
 
starscream said:
Is there any chance your brother might have been giving fake details and using your address to obtain credit?
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No, he didn't know I purchased a flat until about two days ago.

There is no point calling them as they won't speak to me. The only person they are likely to speak to is my brother unless they have prior written consent.
 
JonRohan said:
I've had a few letters but have only opened this latest letter. The others were thrown away as they have nothing to do with me.
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That is where you are going wrong. Anything not for you should be returned to sender with 'not known at this address' written on it. That way they might actually realise that the person they are writing to doesn't live there. How else will they find out? If they don't know he isn't there, then they will continue writing to that address.
 
I got loads of stuff like that at my old flat in the name of someone who lived there before, no matter how many times I returned mail it kept coming.

Loads of stuff was threatened but nothing ever happened.
 
chippie said:
That is where you are going wrong. Anything not for you should be returned to sender with 'not known at this address' written on it. That way they might actually realise that the person they are writing to doesn't live there. How else will they find out? If they don't know he isn't there, then they will continue writing to that address.
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A very good point. I should have done that. Although I'm still concerned how they have associated this debt with my address for somebody who has nothing to do with the property, but is a relative of the owner.

I'm going to check whether a mark has been left on this house reference the debt.
 
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JonRohan said:
A very good point. I should have done that. Although I'm still concerned how they have associated this debt with my address for somebody who has nothing to do with the property, but is a relative of the owner.

I'm going to check whether a mark has been left on this house reference the debt.
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If the title to the flat is in your name, then they can't register any debts against it unless they are your debts.

If on the other hand debts are registered on the property in respect of the previous owner before it is transferred into your name by the Land Registry, but after you have completed the purchase and are living there you are in a whole other bad situation. Guess what happened to me??
 
chippie said:
If the title to the flat is in your name, then they can't register any debts against it unless they are your debts.
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Thats good. The last thing i want is to be black listed.

If on the other hand debts are registered on the property in respect of the previous owner before it is transferred into your name by the Land Registry, but after you have completed the purchase and are living there you are in a whole other bad situation. Guess what happened to me??
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:(. The flat was debt free prior to moving in. I thought you had to have a solicitor check those kind of things prior to sigining contracts and moving in?
 
JonRohan said:
:(. The flat was debt free prior to moving in. I thought you had to have a solicitor check those kind of things prior to sigining contracts and moving in?
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Yes, checks were done prior to exchange and completion. Mistakes were made by the land registry, who are now refusing to admit to them and put things right.
 
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