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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son used to live with me, he left 2& half years ago after

Resolved Question:

My son used to live with me, he left 2& half years ago after a family row. I heard he went to teaching English in Japan. I heard nothing until he phoned in February asking for money to pay his rent! I sent my Winter Fuel Allowance to his account but he left me no contact number. I had kept his mail since he left but didn't open it until this April as I expected him to be back. I opened it to find up to find he had several debts outstanding. I tried all ways to contact him but with no luck, so I contacted the debt companies offering to pay some of the debt off, they said I had to get him to contact them, giving me the permission to act on his behalf due to The Data Protection Act. I have been unable to contact him & now one of the debt companies is threatening a County Court Judgement, I want to heal the rift between us so I am willing to help with this debt...what can I do now? I just phoned the debt company again & due to the data protection they won't tell me what happens now
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I think he is still in Japan
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you nut I need some further information first

For clarity - you do understand that you are under no duty whatsoever to pay these debts?

Customer: replied 1 year ago.
I do know that......I want to rebuild my relationship with my son as he is a great guy.....just very absent minded & airheaded...like all artistic creative people. I'm at my wits end as it is a Catch 22 situation, I can't pay any off as they need his permission, I can't contact him so I can't get it, he is unaware of the debt letters I've received over 2 years & of the latest development
Customer: replied 1 year ago.
I didn't open the letters until this April
Expert:  Clare replied 1 year ago.

Are there no payment details on any of the letters that you have received?

Customer: replied 1 year ago.
there are payment details, but I can only make any payments if my son gives permission to the debt company for me to do so, either via e-mail or phone call. As I have no contact details for him, I can't contact him. I did phone both the debt companies when I opened the letters & found out the problem. They agreed not to send any letters for a month to give me a chance to find him...the debts were on hold. The largest debt is now being threatened with the County Court thing. I'm going to ring tomorrow to see if I can get more time, but I've no idea if they will.
Customer: replied 1 year ago.
I feel your question is irrelevant as I have now stated twice that I am not allowed to pay anything on his behalf without his permission due to the Data Protection Act......I'm not sure where he is, I am trying to contact his friends to see if I can find out. If I can't contact him I can neither get his permission OR let him know of the situation......can a County Court Judgement be filed without his knowledge???
Expert:  Clare replied 1 year ago.

In fact any one can pay the debt - IF they have all the necessary information - what they cannot do is get any information from the Company without the consent of the holder of the account.

Assuming that they have provided you with the payment details you can simply go into the bank and pay it - you do not need to ask permission - or to comment on the fact that you are not the debtor.

If there are internet banking details provided then you can simply pay them directly (and as a mother I have indeed done this in the past)

A County Court Judgement can indeed be entered without someones knowledge, but the Companies do not care who pays then so long as they are paid - it is only when you make contact and ask questions that the Data Protection Rules cause problems.

Please ask if you need further details

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