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Debts in my name that aren't mine!!
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# 1
beodi
Old 31-08-2012, 6:20 PM
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Default Debts in my name that aren't mine!!

Hi guys, hope i can get some help because im seriously on my last nerve with this one.
I have had debt collection companies trying to chase me for debts in my name, 2 to be exact. The only thing is...i have not taken them out, so in fact they are of fraud natured, and i know who it was who took these credits out in my name with my details. I dont know what to do to clear them in my name as this person is my own mother of all people, bearing in mind that these were not of consent and i dont know what actions/steps to take to clear my name..

This has been going on for a few years now,

Regards
Beodi
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# 2
PasturesNew
Old 31-08-2012, 6:21 PM
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You either have to shop your mun, or clear the debts.
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# 3
mildredalien
Old 31-08-2012, 6:34 PM
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Oof what a tough situation. PasturesNew is right though - you have to report the debt as fraud to the police, who can investigate and get you the information you need to prove the debt wasn't incurred by you.

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# 4
McKneff
Old 31-08-2012, 6:43 PM
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Sorry, but if the debts are in your name, then they are your responsibility.

Were they incurred by signing something, in which case you just say that that is not your signature or was this done online.

Other than that get your mother to pay up.
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# 5
RAS
Old 31-08-2012, 6:53 PM
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What sort of debts are these.
The person who has not made a mistake, has made nothing
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# 6
DVardysShadow
Old 31-08-2012, 9:20 PM
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Quote:
Originally Posted by McKneff View Post
Sorry, but if the debts are in your name, then they are your responsibility.

Were they incurred by signing something, in which case you just say that that is not your signature or was this done online.

Other than that get your mother to pay up.
The debts are always the responsibility of the person who incurred them, which is usually but not always the person whose name was put on them
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# 7
McKneff
Old 01-09-2012, 10:35 AM
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But they wont chase the person who incurred them, they will chase the person whose name is on the agreement.

But I understand what you are saying.
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# 8
beodi
Old 04-09-2012, 11:03 AM
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ive had conversations with the creditors and they have assured me that because they are all my details that its mine to deal with. I do not have any contact with my mum due to this fact...they were both catalogues and she never had the use of the internet so am i right in assuming she would have had to sign an agreement?

In this case would it be an idea to request a cca? if signature is not mine i have proof!
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# 9
FireWyrm
Old 04-09-2012, 4:30 PM
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Well, obviously the proof is in the pudding as it were. If you can prove that you have been a victim of fraud, regardless of whether you know the perpetrator or not, you can tell the creditor to stick it where the sun dont shine. The down side is, they may want you to report the fraud to the police, whereupon you are honour-bound to do so.

You've got two choices :

1) Declare it as fraud and lay it at your mothers' feet with all that entails

2) Pay it.
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# 10
Sally22
Old 04-09-2012, 4:46 PM
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Do you know what catalogues they were? If you contact them would they have an address of where the items that were ordered were being sent? If its your mums house then would that not be evidence?
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# 11
beodi
Old 19-10-2012, 7:55 PM
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I went with the approach of asking for the cca in these two cases! It's been about 2 weeks and only one has replied telling me they are retrieving the details I requested and nothing from the other! Anyone know where I stand with the one that ain't got in touch? Are they not obligated to not chase me for the debt if they can't prove they have the right to?
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# 12
Jinx
Old 19-10-2012, 8:02 PM
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Its not a police matter, its a civil matter as its the catalogue companies who suffered the loss.

You need to contact the fraud department within the catalogue companies stating that you did not open the accounts, didnt sign a CCA, dont receive the emails etc. Also I presume you did not get the parcels delivered to your home address and havent made any payments. Did your mum make any payments, if so they can surely prove they werent from you?

You might have to tell them it was your mum but thats your (very) difficult decision......
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# 13
beodi
Old 19-10-2012, 9:51 PM
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Yea well at the time I was staying with a relative, for work and college etc, etc... But officially my post was going to my mums address so that is difficult to get around but as for payments etc i do not know if any had been made!
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# 14
tallyhoh
Old 19-10-2012, 11:17 PM
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I have a friend with this problem & the main thing that concerns me if he pays off this debt without shopping his mum is that she will just do the same thing again, whats to stop her?
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