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  • Dealing with debt that isn't ours - Any advice?

    I've been reading around a lot but struggling to find much useful advice so I'd be grateful if anyone has any ideas.
    Per the title we are currently dealing with debt that isn't ours. My father has left the country & Europe, leaving a fair amount of debt unpaid & no contact details. We aren't completely certain of his status or whereabouts. The debts are in his name only (mostly credit cards I believe, though do not have the full details, only some statements left behind & contact we have received from creditors. No doubt they're still adding interest & charges as we speak...).

    There has been the expected stream of letters & calls (some from DCAs) which have been returned undelivered or told he no longer lives here & isn't contactable. Despite this, some continue to write or phone & cause us stress. I would happily ignore debt that isn't ours, however his name is on the house/mortgage (jointly with my mother), & I'm worried they'll come after this as it's probably the only asset they can chase.

    My mother is a pensioner with low income, so I am having to ensure that the mortgage & bills are paid (I'm not earning a huge amount either). We may be able to claim his share of the house, but I worry that this could be difficult & expensive. I feel like we could be bullied into paying his debts or forced to lose the house because he left without sorting anything out. I don't want to do nothing, but I'm not sure whether there's anything we can do. Does anyone have any ideas? Is it worth trying to write to his creditors in any way?

    I hope this makes sense. I'm sure there's probably no easy solution, but even if there's something that might take the pressure off for a minute until I can figure out something more practical, or to help anticipate what I might have to deal with.

  • #2
    Re: Dealing with debt that isn't ours - Any advice?

    If it is sole debt and a joint mortgage then a lender could ONLY get a restriction on his element of any possible asset (ie percentage of the house). Your mums half would be untouched.

    However you're best just returning things as unknown. Your mum should be fine.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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    • #3
      Re: Dealing with debt that isn't ours - Any advice?

      Thanks. I appreciate your response. Would you think there's much risk of them trying to make him bankrupt in a case like this? I doubt they can contact him but I keep reading cases where people are served at old or wrong addresses, whereas we are seemingly expected to jump through hoops for any chance of doing the same...

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      • #4
        Re: Dealing with debt that isn't ours - Any advice?

        Originally posted by Repeater View Post
        Thanks. I appreciate your response. Would you think there's much risk of them trying to make him bankrupt in a case like this? I doubt they can contact him but I keep reading cases where people are served at old or wrong addresses, whereas we are seemingly expected to jump through hoops for any chance of doing the same...
        Hi Repeater,
        Welcome to the Forum.
        Do you know the number of creditors and the total amount of debt?
        When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.



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        • #5
          Re: Dealing with debt that isn't ours - Any advice?

          How long ago did he bugger off?

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          • #6
            Re: Dealing with debt that isn't ours - Any advice?

            Hi there, again thanks for taking the time.

            Originally posted by missy View Post
            Hi Repeater,
            Welcome to the Forum.
            Do you know the number of creditors and the total amount of debt?
            Unfortunately the info I have is patchy (unless there's another way I can find out). From what I've collected together there are 4 credit cards totaling approx. £9000 (the largest being £6500 by itself) as of March statements (though one only goes up to January. Not sure about this one). I suspect from some of the letters we returned that there is also a bank account left open which has been made overdrawn by charges/failed payments which weren't cancelled. Finally one bill for £90, probably to do with a phone contract. I can provide more info if it's of any use. I'm not including the mortgage which we are paying.

            Originally posted by CleverClogs View Post
            How long ago did he bugger off?
            He left in April, no contact since then & probably not coming back...

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            • #7
              Re: Dealing with debt that isn't ours - Any advice?

              Just return correspondence "No longer at this address" as niddy says. If you keep getting calls, post again and the harassment can be dealt with. When creditors call, have you advised them that your Dad no longer lives there?

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              • #8
                Re: Dealing with debt that isn't ours - Any advice?

                Originally posted by Repeater View Post
                He left in April, no contact since then & probably not coming back...
                So it's much too soon to get him declared legally dead unless he'd bashed a child-minder to death.

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                • #9
                  Re: Dealing with debt that isn't ours - Any advice?

                  Originally posted by vint1954 View Post
                  Just return correspondence "No longer at this address" as niddy says. If you keep getting calls, post again and the harassment can be dealt with. When creditors call, have you advised them that your Dad no longer lives there?
                  Will do, thanks. Yes they've all been told he's not here. To be fair some of them have been ok so far, but one lot keep calling and are now being ignored.


                  Originally posted by CleverClogs View Post
                  So it's much too soon to get him declared legally dead unless he'd bashed a child-minder to death.
                  Fraid so. Plus I've found the authorities particularly useless.

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                  • #10
                    Re: Dealing with debt that isn't ours - Any advice?

                    Those calling you. Note the date, time & number. You *could* sue for harassment if it continues (and you've asked them cease)....

                    keep us updated on that
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: Dealing with debt that isn't ours - Any advice?

                      Thanks again for the advice so far. We've been keeping a note of all the calls so will let you know if they carry on being a nuisance.

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                      • #12
                        Re: Dealing with debt that isn't ours - Any advice?

                        Hello,

                        It's been quite a while since my last post, though I'm posting in the original thread since it relates to the same issue. I hope this is ok.

                        It's been nearly three years since the above, and things have been a little quieter (we don't seem to be getting calls, but still letters sometimes), though we received something in the post today that I find a little worrying.
                        It's an envelope from Northampton/NN1 2TX, which seems to be bad news from the searches I've done, and seems to suggest that someone's starting to take action.

                        I appreciate the advice from before that we should return correspondence unopened. Should we be applying the same logic in this case?
                        Although I understand that it isn't our debt, it seems like it's opening the door to a judgement being made in default, and further action that could affect us in the future. On the other hand, I'm not sure if there's anything we can do. I've still struggled to find details on anyone dealing with something similar.

                        As someone who's always tried to be responsible, the thought of bailiffs etc turning up (or worse, my mother having to deal with them), is terrifying to me.

                        If anyone has any further advice of what we might do, or what we might expect, it would obviously be appreciated.

                        Thanks as always for your help.

                        Comment


                        • #13
                          Re: Dealing with debt that isn't ours - Any advice?

                          Originally posted by Repeater View Post
                          though we received something in the post today that I find a little worrying.
                          It's an envelope from Northampton/NN1 2TX, which seems to be bad news from the searches I've done, and seems to suggest that someone's starting to take action.

                          . . . . Although I understand that it isn't our debt, it seems like it's opening the door to a judgement being made in default, and further action that could affect us in the future
                          Did this brown envelope from Northampton contain a court summons?

                          If so I'm sure we can help you deal with this legal situation.

                          Why don't you email me the letter using PlanB@all-about-debt.co.uk

                          Plan B x

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                          • #14
                            Re: Dealing with debt that isn't ours - Any advice?

                            Originally posted by Repeater View Post
                            Although I understand that it isn't our debt
                            What makes you think it isn't your debt?

                            Plan B x

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                            • #15
                              Re: Dealing with debt that isn't ours - Any advice?

                              Hi Plan,

                              Thanks for your reply. Sorry, perhaps I should have summarised my earlier posts, but the debt belongs to my father who absconded several years ago without dealing with his affairs. We aren't in contact with him and know that he left the country and likely hasn't returned.
                              The house is still jointly in his name, hence the effect on us. We've struggled with the idea of taking our own action since we probably can't serve him and don't have resources to throw at it.

                              Up to now we've sent back everything addressed to him unopened, though this is the first thing that seems to indicate a real threat of future action. I'm aware that we'd probably be within our rights to open them at this stage, I'm just not sure that it would help. I suspect that it contains a summons as you say.

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