Grandson's Debts

[Peanutte]

This is a problem which is troubling a good friend of mine.

Her grandson is 26. He did not live with her recently although he has at times in the past. He had his own (Housing Association) flat - has lived independently for several years.

Last year he emigrated to America and married his American fiancee.

My friend does not actually know his address.

It seems he has left some debts including a NatWest credit card - nothing particularly major. However, they have got hold of her address and keep writing to him at her address. She has written to them, phoned them and been in to the branch to explain. They have now passed the debt to Wescott, who have obtained her phone number and have been ringing every day.

We do understand that if debtors could just claim to have emigrated and their creditors stopped chasing them - then they would all do it.

But in this case, she is getting more and more upset. She is 70 years old. Fortunately the phone calls have been when she has been out and have gone to her voicemail. She is starting to feel rather threatened and is worried that they will send someone to the house. If they did, how would she prove he does not live there? - they do have the same surname.

Is there any way of stopping this?

Many thanks.

[PinkDalek]

This is a problem which is troubling a good friend of mine. ...

It seems he has left some debts including a NatWest credit card - nothing particularly major. However, they have got hold of her address and keep writing to him at her address. She has written to them, phoned them and been in to the branch to explain. They have now passed the debt to Wescott, who have obtained her phone number and have been ringing every day. ...

But in this case, she is getting more and more upset. She is 70 years old. Fortunately the phone calls have been when she has been out and have gone to her voicemail. She is starting to feel rather threatened and is worried that they will send someone to the house. If they did, how would she prove he does not live there? - they do have the same surname.

Is there any way of stopping this?

Many thanks.

If you are in luck, Clitheroekid will come up with a form of words that can be sent in a letter. The form of words might be along the lines used in his reply below, relating to the Protection from Harassment Act 1987 (albeit that post related to a bankruptcy):

http://boards.fool.co.uk/hi-unlucky53-a ... 62917.aspx

(already saved here https://web.archive.org/web/20161015035 ... 62917.aspx for future reference)

This might be their address https://www.wescot.co.uk/contact-us/.

There is also this http://boards.fool.co.uk/advice-from-co ... 75803.aspx which might be of use, should they continue harassing your friend.

[Peanutte]

Hi PinkDalek,

Many thanks - that's really helpful. I shall construct a letter without delay.

Pea.

[Tortoise1000]

As well as advice above, how about giving them his housing association address and also tracking him down on social media. He might be posting about being in America. If they find out where he actually is, they will stop chasing him where he isn't. It is as well to have that information handy, just in case anyone does turn up. Plus a copy of her tenancy agreement, council tax bill and electoral roll renewal form. My experience of people turning up is they are quite reasonable as soon as they see they are dealing with an honest person. They will see he is not there.

If she is really worrying about some worst case scenario, that bailiffs might come and remove her house contents, you could explain that house contents are a liability not an asset. They don't want them . You have to pay people to do house clearances, for their time and because most of it goes to landfill which is expensive . Nor can they take her car or any expensive item she owns , because she will have receipts to show she owns them. It won't come to that though. It is him they are after, to get some cash or an arrangement to pay.

T

[Clitheroekid]

If you are in luck, Clitheroekid will come up with a form of words that can be sent in a letter. The form of words might be along the lines used in his reply below, relating to the Protection from Harassment Act 1987 (albeit that post related to a bankruptcy):

http://boards.fool.co.uk/hi-unlucky53-a ... 62917.aspx

(already saved here https://web.archive.org/web/20161015035 ... 62917.aspx for future reference)

This might be their address https://www.wescot.co.uk/contact-us/.

There is also this http://boards.fool.co.uk/advice-from-co ... 75803.aspx which might be of use, should they continue harassing your friend.

I couldn't have put it better myself!

However, in the best traditions of TMF I've slightly re-jigged the original letter, and I'd suggest the following:

Dear Sirs

I refer to your letter of [date] [or your phone call of [date]] regarding an alleged debt that my grandson [name] owes to NatWest.

I have explained to [both yourselves and] NatWest on numerous occasions by telephone and in writing and even by personally visiting the [name] branch of NatWest that my grandson does not live at this address, and has not done so for several years.

Furthermore, he emigrated several months ago, and so far as I am aware has no intention of returning to the UK.

Your constant pursuit of my grandson by making telephone calls to my property is extremely annoying and upsetting, and I require you to stop with immediate effect making any further attempts to communicate with my grandson via my address or telephone number.

Please take this letter as formal notice that if I receive any further communications from you regarding the matter (other than the confirmation required below) I will consider that your conduct amounts to harassment as defined in section 1 of the Protection from Harassment Act 1987.

As I am sure you are aware, this is a criminal offence, and if you were to be convicted of such an offence you would almost certainly lose your consumer credit licence, without which you would have to cease trading. Whilst this would no doubt be viewed as a welcome development by many people including myself I assume that it is not something that you would wish to happen.

You are no doubt also aware that harassment constitutes a tort. This means that it gives me the right to claim damages from you. I would refer you in this context to the Court of Appeal decision in Ferguson -v- British Gas Trading Ltd [2009] EWCA Civ 46.

I have been advised by a solicitor that if I were to pursue such a claim I would probably be awarded in addition to substantial damages costs on an indemnity basis.

Please be aware that I will have no hesitation in pursuing such a claim, irrespective of any criminal prosecution to which you may also be subjected.

Kindly acknowledge receipt of this letter, and confirm in writing that you will take all appropriate steps to ensure that I am not contacted by either yourselves, NatWest or any other person or company in respect of this matter.

I look forward to hearing from you.

If you send it, please let us know what response (if any) you receive.

[Peanutte]

An update on the above and apologies for not responding sooner.

We used the brilliant letter drafted by Clitheroe Kid - for which are extremely grateful - and inserted all the dates of the phone calls.

We posted it a couple of weeks ago - no reply received to date - but the calls have stopped !

So - many thanks to Clitheroe Kid!

You may remember that last year (iirc) - on an anniversary of CK's millionth (or similar) post - it was suggested that those of use who have benefited from CK's wisdom - or just been educated or amused - should demonstrate our gratitude in some way. CK nominated a local charity and I'm sure lots of us made our contributions. I do hope the charity received lots of money. I have been the recipient of CK's help on a couple of occasions - I don't think many solicitors are as clever as CK and and certainly not as generous with his time.

Many, many thanks CK.