Hi need megga help on this 1

[mrmassive]

I'm new here .I have a huge huge problem.I keep getting threating letters from collection agencys like notice of distress warrent .Solictors letters companys saying my son ows them money.He does not live with me or wife anymore.I get phones call all the time. I have told these idiots he dont live here .When he was forced out of the house (hes a lieing thieving sod refused to pay us any lodge money ect) he still made out he lived with us.He left over 2yrs ago.He still took out loans making out he still lives with us. He own abou 2.5k in various loans including phone companys.

I wont let any them on in if they come to the door. I have told these companys that son don't live here anymore .So as far as i am concerned if a company passed the debt onto a collection agency and then apply to the court for a warrent to enter the premises it is done so under false pretence

any help would be most appreciated

[ostell]

Re: Hi need megga help on this 1

Write to them and point out again to those trying to collect the debt that he does not live at the address (you could tell them where he lives!) and any continued contact with you about the matter will be construed as harassment and appropriate action will be taken against them. Keep copies of letters and get proof of postage. You have already told them on the phone that you do not want to hear from them again but if they call again ask them to stop. Take a note of dates and times and then report the matter to the Information Commissioners Office.

Someone will be along soon with the relevant bits of law.

[wales01man]

Re: Hi need megga help on this 1

Mrmassive.
others will help more than i can but you are not liable for your sons or anyone elses debt so dont worry on that front

[teaboy2]

Re: Hi need megga help on this 1

Can you give us more info in regards to the Distress Warrant, who sent it to you etc?

[bluebottle]

Re: Hi need megga help on this 1

You need to get a Statutory Declaration sworn asap, Mr Massive, to the effect that your son does not reside at your address and has not done so for the period of time you mention. You can get a Statutory Declaration sworn at a High Street solicitor for £5-£10. Have a number of copies notarised.

Could you please list the names of the debt collection agencies who have contacted you?

What I am about to say will sound awful, but I say this as a retired policeman. You may need to report your son to the police. Taking out loans and tendering false information in order to obtain them may well amount to Fraud by False Misrepresentation, which is contrary to Section 2, Fraud Act 2006. It is an indictable offence and carries a custodial sentence of up to 10 years on conviction.

Go down the Statutory Declaration route first. If the debt collection agencies and solicitors ignore this and continue to harass you, then going to the police is something you will need to consider, no matter how awful this may sound.

I'm sorry if the above sounds harsh, but you and your wife don't deserve the hassle or harassment you are currently experiencing.

[enquirer]

Re: Hi need megga help on this 1

Follow the advice given by ostell. The statutory declaration suggested by Bluebottle would also be wise. You might also take out an advertisement in your local newspaper in the public announcements section (and the London Gazette, if you really want to be sure).

Make sure of mentioning in your letter that you 'are receiving confidential correspondence intended for a third party'.

This is exactly what I did when I had a similar problem (in my case, it was the previous owner of the property). Once they get the letter from ICO, they start jumping.

[mrmassive]

Re: Hi need megga help on this 1

The first warrent if from collectia .I have tried to ring them but all they want is me to key in a reference number.I am not willing to do so they will think I am him .I am not prepared to do this nor will i send them my council tax bill as it is none of their business

thanks for these reply

I allso would like to know what force can i use if i have to repell someone from useing force to break down a door .As far as I am concered .I am being broken into under false pretence and it is criminal damage.

[mrmassive]

Re: Hi need megga help on this 1

You need to get a Statutory Declaration sworn asap, Mr Massive, to the effect that your son does not reside at your address and has not done so for the period of time you mention. You can get a Statutory Declaration sworn at a High Street solicitor for £5-£10. Have a number of copies notarised.

Could you please list the names of the debt collection agencies who have contacted you?

What I am about to say will sound awful, but I say this as a retired policeman. You may need to report your son to the police. Taking out loans and tendering false information in order to obtain them may well amount to Fraud by False Misrepresentation, which is contrary to Section 2, Fraud Act 2006. It is an indictable offence and carries a custodial sentence of up to 10 years on conviction.

Go down the Statutory Declaration route first. If the debt collection agencies and solicitors ignore this and continue to harass you, then going to the police is something you will need to consider, no matter how awful this may sound.

I'm sorry if the above sounds harsh, but you and your wife don't deserve the hassle or harassment you are currently experiencing.

Thanks for this advice .Iv'e had problems with him and The police before . The Police forced and I repeat forced us to keep him in the house with us when i tried to kick him out .I have even reported him to The Police for fraud aswell and criminal damage .All I got told was we hear this alot When I forced to keep him he refused to pay any lodge money and I was £700 out of pocket.He was working at the time. I had to walk into the centre of town just to save £3 when my car broke down. He would not even help towards getting it repaired.He even wanted tried to order me to buy food just for him and carry it back. I waz walking 7miles every 2days and it was takeing me 6hrs .When you have cancer its not much fun .Thats the kind of son I have .He even landed me with a £24k bill when my mother died and a £100k loss on the sale of the house and another £50k loss aswell.I had over 70 gold rings stolen from my mothers house which i kept safe from him.I bought them before the big gold increase. I had silver gold coins silver watches gold pocket watches all stolen.The police didnt want to know

[jon1965]

Re: Hi need megga help on this 1

What I am about to say will sound awful, but I say this as a retired policeman. You may need to report your son to the police. Taking out loans and tendering false information in order to obtain them may well amount to Fraud by False Misrepresentation, which is contrary to Section 2, Fraud Act 2006. It is an indictable offence and carries a custodial sentence of up to 10 years on conviction.

Whatever you think of your son you may be nervous about getting him in trouble with the police with a ten years in prison. Yes that is the maximum theoretical sentence but if you Google sentencing guidelines it will explain what the guidelines say. A lot would depend on amounts, mitigation, guilty plea or not and previous convictons.

[jon1965]

Re: Hi need megga help on this 1

Mrmassive
This does sound pretty awful. I can not understand how he cost you 24K when your mother died and 100K loss on the sale of a house. It s possible that this is serous fraud.
Sometimes you get well meaning but naive police who beleve that blood s thicker than water. I speak from personal experience here as my wife was talked out of pressing charges for assault against her son (my stepson) . He also stole from her (and me) . He was a boy with many many problems

[teaboy2]

Re: Hi need megga help on this 1

Collectica are a bailiff company from what i can find out. Did you mean Collectica and not Collectia?

If it is Collectica then you really do need to do what BlueBottle suggested and post a copy (via recorded delivery) to collectica to prevent them turning up at your property to seize goods.

[bluebottle]

Re: Hi need megga help on this 1

Thanks for this advice .Iv'e had problems with him and The police before . The Police forced and I repeat forced us to keep him in the house with us when i tried to kick him out .I have even reported him to The Police for fraud aswell and criminal damage .All I got told was we hear this alot When I forced to keep him he refused to pay any lodge money and I was £700 out of pocket.He was working at the time. I had to walk into the centre of town just to save £3 when my car broke down. He would not even help towards getting it repaired.He even wanted tried to order me to buy food just for him and carry it back. I waz walking 7miles every 2days and it was takeing me 6hrs .When you have cancer its not much fun .Thats the kind of son I have .He even landed me with a £24k bill when my mother died and a £100k loss on the sale of the house and another £50k loss aswell.I had over 70 gold rings stolen from my mothers house which i kept safe from him.I bought them before the big gold increase. I had silver gold coins silver watches gold pocket watches all stolen.The police didnt want to know

Just as a matter of interest, which police force was involved? Truthfully speaking, their actions should be reported to the IPCC as it amounts to Neglect of Duty.

The other thing is what are are Collectica doing in this matter and why are they waving a Distress Warrant around like a piece of bunting? If it is a Distress Warrant issued by a magistrates court, this needs to be dealt with asap.

[ostell]

Re: Hi need megga help on this 1

To help allay some of your fears you do not have to let these people into your house. Make sure that they hear you when you tell them the person they want is not at this address. If they do arrive keep doors and windows closed. If they threaten to break in then call the police, 999. They do not have the authority to break into your home.

[mrmassive]

Re: Hi need megga help on this 1

The Company is Collectica .The Police Force is Lincolnshire says it all

[CleverClogs]

Re: Hi need megga help on this 1

Whatever you think of your son you may be nervous about getting him in trouble with the police with a ten years in prison. Yes that is the maximum theoretical sentence but if you Google sentencing guidelines it will explain what the guidelines say. A lot would depend on amounts, mitigation, guilty plea or not and previous convictons.

Also see the guidelines from the Criminal Protection Service - link