chased by creditors not my depts

Myown

Last year I found my self in court with my son, he asked me to go with him as he had committed fraud on his friend. Whilst sitting in court the judge read out the offences, the creditors and my name! I was in shock!! He couldn't tell me what he had done, this occurred a few years ago but the police caught up with him, he was silly enough to order on line too and have goods delivered to his address, he used my name, birthday. Due to none payment the fraud found him and his computer.

I joined Experian, found depts. that were not mine, telephoned and explained, the lady told me she would contact the companies and advise them it was not me.
In January I had a letter from a collections agency demanding payment from me, payment for a catalogue that I had fraud done on me, which I reported to Experian. I phoned them and explained it was not me and it had already been dealt with, they apologised, well, March a different collections agency phoning me this time demanding money, again apologies' and that would be the end of it.
April, yet a gain a different agency after me, the previous collection agency sold the dept to them.

I wish I never phoned, it has opened the flood gates and I keep getting collection agencies for different companies, different debts. They insist I lived at my sons address so ive told them to take me to court and I will prove it isn't me, but again it goes round different collection agencies.

Yesterday I received another one dealing with Capitol One, ive never had any thing, so again I phoned, they tell me it is for a mobile phone, they said it must be me because payments were made from my bank card. Im fed up of telling them its fraud, will they listen 'no'
just because it is my name, birthday and old address and my card details does not mean it is me.
This phone was purchased in 2005 they said, because I responded in January 2010 they are allowed to pursue me, even though I responded to let them know it is fraud!

What can I do? im really fed up now, had a year of it. Im seriously thinking of changing my name as its so unfair!

Ive never had credit, no catalogues so I know for sure it isn't me.

Any advice appreciated

Nottoobadyet

Do you have a reference number from the police from when the fraud was reported?

Myown

No! I was never informed by the police about the fraud, first I heard was in court.
The court will not give me any information, my son tells me he doesnt know it iether

handyman123_2

Hi Myown, Someone will be along soon that can give better advice than myself, I suggest you have a word with Niddy on the unenforacability thread, My opinion is telling a DCA that the debt is fraud is not admitting liability, I also believe that to admit liability you would have to make a payment or admit in writing. So they are misleading you there. I can think of several members of this site that will have suggestions as far as getting the fraud proved to the DCA's You could also do a site search on fraud while waiting for the cavalry to arrive.

Keep us posted to how you get on.
Best wishes, handyman123.

Poosmate

So when you attended Court with your son, he was being prosecuted for fraud and you didn't know anything about it right? You just went along with him as a supportive mother? Then the Court read out your name along with the other creditors yes? If so then that sounds like you were classed as one of the victims?

Surely the Police would have contacted you long before your son went to Court if they had discovered that he was fraudulently using your identity?

What was the outcome of the Court case?

I'm quite confused. You need to get the crime number off the Police or maybe the Court so that you can write to the credit reference agencies with it to clear up your credit files.

Poo

Myown

You are right on all counts!
I have moved from the city my son lives in before he commited the fraud, the police never contacted me.

Its bad enough having to admit my own son did this to me, no excuses, he was depressed and angry with me, I had to rise his 2 children due to mother trying kill him and the children, he could not cope with what happend, hard for any one to cope with.

He got 120 hours of community service and orderd to pay £5 a week to 2 creditors as they wanted their money back, the others writ it off.

My son deeply regrets what he did and has turned his life around, he has to live with the guilt!

Nottoobadyet

Agreed, glad to hear hes turned around and you've been a positive force in his life and his kids lives even after what he did.

The crime must have been reported at some point in order for it to have been brought against him in court - can you go back to the police directly and see if they have a reference number for you?

Myown

It was his best freind that reported him to the police, they remain best freinds, he did the right thing!

I will have to phone the police station, im still suprised I was not contacted, I also am thinking if the police will give me any information?

Thanks for your help

Nottoobadyet

They should do as you are a victim of crime, but if not surely you could do a freedom of information request and get everything they have on you, including your crime reference number?

Guessing on this, Im sure someone that knows better will come along!

Hannah_10

The police do have to tell you the crime reference number if the crime was committed against you yes.

If you find it daunting the CAB can help with getting the reference number, but they can also help with writing all the letters to all the right people to get the debt collectors to stop bothering you too. You can find them in your local phone book.

Myown

I phoned the police, he would not beleive the police did not contact me or take a statement, he said the crime commited was nothing to do with me, only my name, birthday and credit card was used 'thats my point!' so all he would do was get another policeman to contact me.
maybe he might have more sense!