Family Fraud

Charlotte1985

Hi there,

I visited this website last year and i had some great advice off people and i am hoping for some more.

I have an account in my name which was opened by my parents without my consent or knowledge. I confronted them and they said they would sort it out but there was late payment after late payment (i have been monitering it through experian). I have wrote the company three letters asking for the account to be transferred into my mothers name (with a letter of consent from her enclosed). I have had a call from the company today from a very rude man stating he couldnt just transfer the account due to data protection (id like to know about my protection they were quick enough to open the account in the first place). He also went on about how i lived at the address and that i should of noticed the monthly statements come through - i explained they were taken away before i even knew they were being delivered. He told me i would need to go to the police. I really dont want to go to the police at all. This has been going on for some time and all i want is the account transferred.

Does anyone know anything i can do to get this transferred?

Many thanks x

Snaggles

I'm not sure you can sort this out without your parents co-operation, without getting them into serious trouble.

The simplest way is to get them to take out a loan/credit card and repay whatever it is they have borrowed in your name. That wouldn't sort out the bad payment history though. I don't think the bank would transfer it into your Mums name even WITH a letter of consent, because she hasn't signed a credit agreement, and they haven't assessed her ability to repay it.

If they're not willing to do that, then I can't really think of any way of sorting it out that wouldn't involve a potential fraud prosecution. It's easy to say 'ring the police' from an outsiders point of view, but I understand they are your parents, so you might not want to do that.

Just a thought, but if you ask for the original agreement, you might be able to prove that the signature wasn't yours - but in that case, they may involve the police.

Sorry you are going through this, it must be a horrible decision to have to make.

Charlotte1985

I there.

Yes i had thought of that but the trouble is my father has now passed away (which just makes it worse) and my mum only works 2 hours a day and has an extremly bad credit history so there is no way she can get a loan. Things just keep getting worse its so hard knowing what the best plan of action is.

Many thanks for your help. x

LilacPixie

out of interest is it a catalog account/store card type thing?? If so make sure you have it blocked so nothing else can be added too it.

As snaggles says the simplest thing is for them to take out a loan and clear the account but as they felt the need to fraudulently use your name etc then i am doubtful of their ability to do so.

Do you pay rent/board to them?? if so I suggest it would maybe be a good idea to assume responsibility for the account as it is in your name and subtract the minimum payment at least from the money you give them for your keep so at least the payment history is in top notch condition.

I cannot see any other way to sort this i'm afraid. I don't know of any financial institution be that a bank or a catalog company that will just transfer an account into another persons name be that with their consent of not.

immoral_angeluk

How much do they owe you? It is totally unfair of your mum to expect you to pick up the pieces from this..

Charlotte1985

hi there,

No i used to live at home and even when i suggested taking rent my mum used to go off on one it made my life hell. I have now moved out and therefore cant take any money off her anyway.

I have leant her so much money as well best part of a grand she owes me but i will have to forget about that.

x

Charlotte1985

the catalogue is with Fifty plus (im only 23 dont know why i would need to shop there :mad: ) there is £405.00 outstanding on the account.

LilacPixie

I think you will have to either swallow it and pay the £405 or challenge the account with the company. As far as i know you can call yourself anything you want when applying for credit its only if you do so with intent to not pay it that it becomes fraud. The fraud is also then commited against the company and not against the person who's details were used.

If you can then prove the debt wasn't/isn't yours it will be up to the company to decide what if anything it is doing.

standupguy

The account cannot be transferred into your mothers name.

As has been said, this is an ID fraud that is effecting your credit record if you do nothing.

I cannot see anyone wanting to involve the police in view of the amount and the circumstances.

You have some options: -

1. Pay the balance - £405? - that will put an end to the matter but will leave your credit record compromised.

2. Report the matter to the Lender - your credit record will then be corrected and the lender will need to take a view on what action to take and may just write-off but nothing is certain?

3. Try and come to a negotiated settlement with the lender - you pay an agreed sum - say £200 ?- subject to full and final settlement of the account, correction of your credit file and no action taken against your parent?

If you decide on options 2 or 3 then the lender may put a cifas marker on your credit file so that future lenders check that it is really you who is applying for credit in the future.

Charlotte1985

Hi I say option 3 as a last resort.

Further to this whole thing i have had another call from fiftyplus (even though i have asked them not to contact me via phone) saying that they may be able to transfer the account if i send a letter with my mums signature on it confirming the accounts needs to transferred - i have already done this but all of a sudden they have no recollection of this.

I have asked them not to get the police involved and they have said when they have done a check on my mum and if she cant pay the money they may get the police involved. - i think this is just to scare me.

I have also asked them for a copy of the credit agreement.

It seems strange all of a sudden that they may now be willing to transfer the account as i have threatend legal advice - is the right thing to do?

Thanks x

rog2

Charlotte1985 wrote: »

I have also asked them for a copy of the credit agreement.

Hi Charlotte - Personally, I think that requesting a copy of the agreement is probably your wisest move at the moment. The account may not even be legally enforceable.