CCJ issued on a debt that's not mine @ house I left years ago - what now?

ThinkingOfLinking

Hi all,
Well, I moved out of the house at which I used to have credit cards, a few years ago. I had a Barclaycard and a Capital One card, both of which were paid off IN FULL and the cards sent back cut up through the chip with a letter asking for the account to be closed.

The flat I lived in was one of 7 in the property, and all mail was left in a communal area. 2 flats are rented out to random people often short term (not mine) so I assume this is how it happened.

I've discovered both cards have been used, maxed out and both are being chased up by debt collectors; one is allegedly going for a CCJ.

I repeat; these are NOT my debts but are cards in my name, clearly never closed so I blame the card companies. I can prove I've lived hundreds of miles away since 2008 but from 2006-2008 I cannot prove my whereabouts; I was living with relatives in their house, although these relatives have died since (grandparents). The house is still owned by the family so can prove association with it, but I lived there rent free and didn't pay the bills.

What do I do now? I am desparate to repair my credit rating.:eek:

RAS

Hi

Write, registered post to the companies concerned and report the identity theft.

Then get onto CIFAS to get a preventative flag put on your credit record. This makes getting credit organised a bit of a pain for you but prevent any further action by the fraudsters.

Can you PROVE (registered post etc) that you instructed the cc companies to close the accounts?

I suspect that renewal cards and PIN numbers were sent to you old address.

Did you have any accounts at the intermediate address (like mobile phone, other bank account)?

ThinkingOfLinking

Thanks for your reply. I cannot prove anything. I did send the mutilated cards back registered post when I cleared the balance in FULL in 2005 and once I'd checked these accounts were "satisfied" on my credit report. After not hearing anything for a year, I got rid of my receipts from posting.

The property in question, well the flat, did and does belong to a parent. My bank statements were being sent there til I switched to paperless (online) billing/banking. And I don't have a contract mobile, largely because I can't get one!!

My parent's credit rating is not affected by this, thankfully, so that's not a worry. And if anyone turns up, he knows not to let them in, but equally can easily prove I don't live there as my old room is full of storage stuff and the bed's gone!!

KingElvis

Blimey, that sounds like a right pickle.

If what you say is 100% true, this is theft and if it was me I would go straight to the police. I would then inform anyone chasing that it's been reported to the police as theft.

Very serious business.

RAS

KingElvis wrote: »

Blimey, that sounds like a right pickle.

If what you say is 100% true, this is theft and if it was me I would go straight to the police. I would then inform anyone chasing that it's been reported to the police as theft.

Very serious business.

Sadly, the police refuse to deal with these cases, as the people who have been duped are the banks, not the OP.

OP have you written to the banks yet?

Have you contacted CIFAS?

Where were you on the electorla roll for the duration?

KingElvis

RAS wrote: »

Sadly, the police refuse to deal with these cases, as the people who have been duped are the banks, not the OP.

OP have you written to the banks yet?

Have you contacted CIFAS?

Where were you on the electorla roll for the duration?

Are you serious?

Ok, lets say I get a credit card through for next door by accident, I get the PIN somehow and start spending, the old bill wouldn't get involved? :eek:

Now that's scary.

Fiddlestick

It sounds like you are going to have a fight on your hands with this one.

You may tell the card companies that you wrote to them asking them to close the account, but if you have no proof of this and you never received anything from the companies advising that the accounts were closed then they might well claim that you did no such thing.

At this point they will pin the blame on you and say you were negligent with the cards and PINs

Fiddlestick

KingElvis wrote: »

Are you serious?

Ok, lets say I get a credit card through for next door by accident, I get the PIN somehow and start spending, the old bill wouldn't get involved? :eek:

Now that's scary.

Of course they would.

The point is that you haven't taken the card and defrauded the card holder, you have taken the card and defrauded the card ISSUER.

It's the ISSUER that would have to make a complaint to the police and it's at that point they would take an interest.

KingElvis

Fiddlestick wrote: »

Of course they would.

The point is that you haven't taken the card and defrauded the card holder, you have taken the card and defrauded the card ISSUER.

It's the ISSUER that would have to make a complaint to the police and it's at that point they would take an interest.

OK thanks, you learn something everyday.

I guess the op is going to have his hands full with this one then.

ThinkingOfLinking

RAS wrote: »

OP have you written to the banks yet?

Have you contacted CIFAS?

Where were you on the electorla roll for the duration?

I've asked for a "prove it" letter via these forums, ie using the template. What/who's CIFAS (No, I've never contacted them; never heard of them).

I'm not on the electoral roll anywhere and haven't been for ages.

Fiddlestick wrote: »

It sounds like you are going to have a fight on your hands with this one.

You may tell the card companies that you wrote to them asking them to close the account, but if you have no proof of this and you never received anything from the companies advising that the accounts were closed then they might well claim that you did no such thing.

At this point they will pin the blame on you and say you were negligent with the cards and PINs

I don't see how they can pin the blame on me as I never asked for replacement cards. I never told them I'd moved because I was unaware the accounts were active. I have proof (eg tenancy agreements) of my whereabouts since 2008, but there was no tenancy agreement at my grandparents' house as I was living there rent free in the property they owned and didn't affect their council tax bill either.

RAS

Flickering_Ember wrote: »

What/who's CIFAS (No, I've never contacted them; never heard of them).

http://www.cifas.org.uk/default.asp?edit_id=565-85