“Dear Jon,
I am contacting you because of my parents. They are in their 60s and late 70s. Our lawyer just filed their credit bankruptcy after a long waiting period. The issue we are having is that some guy keeps coming by our apartment looking for them claiming to be from Capital One now each time he has never shown us any ID nor paper work from Capital One both times we have told him that we are waiting for the paper work from the courts to be filed.
My question is we live in a senior community and the rule states that there is no soliciting at all.This is the 2nd time that he has done this while our gates were open. Should we contact our lawyer to let him know that this guy has been coming by? The guy is not wearing any suits or ties just regular clothes and he has sheets of paper with address on it. Both of my parents had Capital One accounts yet he keeps looking for my stepfather we called Capital One and they have on file that we are going through bankruptcy and they have our lawyer name and telephone number. Should we call the cops on him the next time he comes by? Cause Capital One said that this is not something that they do.
Monique”
Monique,
Once a person has filed for bankruptcy, their creditors are to cease all contact with them and deal with the Trustee in the bankruptcy.
Is the person coming around asking for payment?
Have you or your parents been given any papers from this person? Has he left a business card, demand letter, etc?
Has their bankruptcy actually been filed? If not, then a creditor can still attempt to collect a debt.
Have you confirmed from Capital One as to if this person is actually working for them, or has he provided any ID at all?
From what you have stated you may wish to confirm the bankruptcy has been filed. There can be a delay in all of the creditors being informed of the bankruptcy, so if the guy comes around again, they need to provide him the details of the bankruptcy.
If they have been made bankrupt, and he still comes around, they can advise their attorney, any security where they live, and if he continues, then the police as a last resort.
Let me know how you get on with this.
Jon Emge is an experienced UK debt advisor who has helped thousands and thousands of people in the UK to deal with problem debt. Jon specialises in finding good solutions for problem debt using a variety of UK specific techniques.
If you have a question you’d like to ask about how to get out of UK debt, just use the online form. I’m happy to help you for free.
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Hi we called Capital One right after the guy left. They said they do not do that and its not them. He had no legal papers on him just something printed out with my parent’s information. They said that the guy is a thief trying to collect on people’s old debt. My parents just filed again for 2nd bankruptcy cause the interest rates were so high. Capital One said if he comes around again call the people cause it is illegal in the state of Florida for them to come to your home and do that. Since they are seniors Capital One is working with them with the credit card bankruptcy. This man is very odd looking and he never wears a suite. I will keep you posted on the situation. Both Capital One and our lawyer said call the cops cause he has bunch of information. Yet he never showed us any ID that he is from Capital One or a Collection agency. Our lawyer said that he never received any calls from Capital One at this point so he is checking it out.However, it is against Florida laws that prevents this from happening.