Is there anything I can do?greenspun.com : LUSENET : Repossession : One Thread
The two houses my family lived in both got repossessed. My Dad was declared bankrupt leaving my Mum with the debts of both houses, they are separated and he does not help with any payments. With the one debt we have done a settlement but it is the other that we cannot deal with. For 10 Years she has kept up with every payment, filled in every form. The company chasing is eversheds and recently things have got worse they want the debt cleared and keep harassing her with phone calls. I have told her to demand that they put what they have to say in writing but the bullying is getting to her and she just goes to pieces on the phone. They will not make an offer of a settlement just keep calling wanting more money. She has no properties as we live with my Nan. Has anyone got any advice to help as I do not know what else to advise? Many Thanks
-- Leanne Slade (email@example.com), May 19, 2004
Tell your mum to write to Eversheds saying due to the seriousness of the matter she no longer wishes to discuss matters over the telephone and would like to receive any communication by letter.
Follow the instructions on the website about putting the lender to strict proof. I know she has admitted liability by filling in the forms and making payments but, that is no reason for her not to start putting everything down in writing.
The bullying and harrassment are terrible, I would suggest that next time she receives a phone call she tells them they are abusing her human rights, unfortunately they do bully and harrass - at last count my partner has received over 20 letters threatening bankruptcy, accusing him of things he has never done, the list goes on and on!
You can stop the phone calls instantly, once requested they have no right to call you - they just don't want you to know that - and if they do you can complain to them officially.
If she has no valuable assets there isn't much they can do except be verbally and mentally intimidating - oh they are such lovely people.
-- Chris (firstname.lastname@example.org), May 19, 2004.
I agree with Chris that the lender should be put to strict proof of the alleged debt. I think, it would be a good idea for her to go to either the Citizens Advice Bureaux or a local authority advice unit, there are also other independent advice centres such as the Mary Ward Legal Centre and NAMV where you can obtain expert advice. This should take the pressure off of your mum, as one of these should be able to take up her case on her behalf. I would also read up on the Home Repo site too and as many previous postings as possible, though, of course, all info from postings should be checked out with legal experts. In respect to harrassment there are now strict new rules in place, I would suggest you give the Office of Fair Trading a call regarding this. Take a look at the following website: http://www.oft.gov.uk/News/Press+releases/2003/PN+97-03.htm Good Luck.
-- M Amos (email@example.com), May 19, 2004.