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Debt recovery query
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My son has failed to pay a monthly payment and it was passed to a debt collection service,who in turn I assume have sold it on to a new debt collection service with a higher demand.. My son who has the same first name as me and was living at my home at the time gave my address so letters from the debt service bearing my/our name are being posted to me. My son is living elswhere in the country is unemployed has met a girl and has a new baby.
My question is seeing that I am a pensioner with little money but willing to pay something what is the likelyhood of the debt service settling with say 50% of what the service wants.
My question is seeing that I am a pensioner with little money but willing to pay something what is the likelyhood of the debt service settling with say 50% of what the service wants.
Answers
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Whatever you decide to do, make sure you deal with the people your son owes the money - they are the only people who can call off the debt collector. You know you don't have to pay..... it's your son's debt, not yours, irrespective of the fact that he now has a new family. Are you lending him the money to pay it off, then? Not being cynical but it's a generous thing to do.
From what you describe I think it quite likely that the debt is still owned by the original company, & they have simply moved it from one debt collector to another. This is quite a common action - particularly if the first debt collector has failed to get a response.
However, in most such cases the debt owner refuses to deal with the debtor - they insist that any negotiations & payments are made through the debt collector who has the debt at the time.
There is nothing to stop you making a "full & final settlement" offer. But if you do, make sure it is in writing & keep a copy. Include the words "full & final settlement" in your letter. Make it clear you are NOT the debtor, but his father. Also explain your son's present financial & family situation, making it clear he has no money due to unemployment. Make sure you get written confirmation that the offer is accepted in full & final settlement before you make a payment.
It is quite possible that a 50% offer will be accepted, but you must not assume this to be the case - the policies of debt owners & collectors vary quite a lot. I have seen offers much lower accepted, & some much higher rejected. Also, it quite often happens that the offer you make is rejected but if it is then queried a slightly higher offer is accepted, so allow a little leeway in your first offer so you can increase it a bit if necessary.
However, in most such cases the debt owner refuses to deal with the debtor - they insist that any negotiations & payments are made through the debt collector who has the debt at the time.
There is nothing to stop you making a "full & final settlement" offer. But if you do, make sure it is in writing & keep a copy. Include the words "full & final settlement" in your letter. Make it clear you are NOT the debtor, but his father. Also explain your son's present financial & family situation, making it clear he has no money due to unemployment. Make sure you get written confirmation that the offer is accepted in full & final settlement before you make a payment.
It is quite possible that a 50% offer will be accepted, but you must not assume this to be the case - the policies of debt owners & collectors vary quite a lot. I have seen offers much lower accepted, & some much higher rejected. Also, it quite often happens that the offer you make is rejected but if it is then queried a slightly higher offer is accepted, so allow a little leeway in your first offer so you can increase it a bit if necessary.
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Bailiffs cannot break in unless they have previously been allowed in.
with a debt (except from a majistrates court) they cannot break in or get the police to attend to get them in.
If a bailiff has been allowed in and wants to remove goods if they are not yours a 'statutory declaration' or sworn statement from the owner of the goods is acceptable and the bailiff cannot take the items listed on the statement.
with a debt (except from a majistrates court) they cannot break in or get the police to attend to get them in.
If a bailiff has been allowed in and wants to remove goods if they are not yours a 'statutory declaration' or sworn statement from the owner of the goods is acceptable and the bailiff cannot take the items listed on the statement.
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This talk of bailiffs seems very premature. There is no suggestion that the creditor has got a County Court Judgement so there is no possibility of bailiffs being sent.
Very rarely, debt collectors do send people to visit debtors (or people they think are debtors). They have no powers whatsoever, so even if they are let in to the property there is nothing they can do to take possession of anyone's belongings. However, they can be aggressive & deliberately try to mislead people into thinking they do have powers. They should never be allowed in - simply told to go away.
Very rarely, debt collectors do send people to visit debtors (or people they think are debtors). They have no powers whatsoever, so even if they are let in to the property there is nothing they can do to take possession of anyone's belongings. However, they can be aggressive & deliberately try to mislead people into thinking they do have powers. They should never be allowed in - simply told to go away.
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