Massive credit cards debts taken out by my brother in me and my mums name!

hairymonkey

Mr brother who is 24 but who has severe special needs including speech and language problems and autism, has over the last two years taken out horrendous loans ans credit card debts in both my name and my mothers.

I am 21 and am about to go back to University, he has managed to open 2 credit cards in my name (and max them out) he has also managed to completely clear my students overdraft limit (which I had not used).

For my mum he has taken out around 20/25 thousand pounds worth of credit cards and loans.

In his own name he has got about 8k of debt. Most of this is on the credit cards. I am so angry about this.

What options do I have???? Me and my Mum do not want to report this to the police. This is becase he literally could not cope with being arrested or convicted. I am so mad he was able to do this. I am so mad.

Can anyone give me some advice on what I/we can do???? thanks.

Browntoa

first case I would both go for protective registration

http://www.cifas.org.uk/default.asp?edit_id=808-85

slows applications down for you but requires your password to confirm

When you request 'Protective Registration', a CIFAS warning flag marked Protective Registration will then be placed against your name and personal details which indicates that you have been recorded on the CIFAS database at your own request for your protection. CIFAS Members when undertaking a search against your name and personal details will see "CIFAS-DO NOT REJECT-VALIDATION REQUIRED".
As a result of the entry, CIFAS Members will undertake additional verification checks to ascertain that the applicant is genuine and not a fraudster trying to commit identity theft. This may mean that you personally experience delays while checks are made that the application is genuine

hairymonkey

Thanks. But what about the massive debts we have already been levelled with? thanks

Annisele

I think Browntoa is right - the first thing to do is to get a CIFAS marker against your name and your mother's.

Then you need to decide what you want to happen.

If you want the debt out of your name as fast as possible, then you're going to have to tell the credit card companies/bank/loan companies about what your brother did - and that's almost certainly going to involve the police.

If you're prepared to accept the debt staying in your name, then you're going to have to consider how it will be paid back. What did your brother buy with the money? Can any of it be sold to make part-payments? Does your brother have an income? Is he prepared to make amends and pay make the money, or is he taking the view that it's nothing to do with him because the debt isn't in his name?

You say that your brother couldn't cope with being arrested or convicted - but can you cope with all the debt you've ended up with, and the possible consequences of default?

I'm afraid I'm not particularly sympathetic to your brother - either he didn't know that what he was doing was wrong (in which case he's unlikely to be convicted), or he did know that he was doing wrong and he should be convicted to try to protect both your family and the rest of us from him in future.

bunny999

How did he manage to access your bank account ?
If you don't go to the police you are liable for the debts. From what you have said this is clearly fraud.

Hannah_10

Well basically, you're not liable for fraud committed in your name, you may have some work to do to get them removed though. The thing is, there is no way to get them removed from you that doesn't carry a risk of brother being charged with an offence. You could try reporting the fraud without saying you know who did it, but then if there are investigations which uncover otherwise you're all going to be charged with trying to defraud the lenders. Your options so far seem limited to either ackowledging there has been fraud or paying it. If it's any consolation I sincerely hope to be proven wrong on this, because you have been placed in a truly terrible position.

boliston

I'm pretty sure these debts would never be legally enforcible. Also I don't think the police will ever take much interest in card fraud these days, so i expect that the most your brother will get will be a "slap on the wrists" (and will probably never be able to get credit again for many many years, but possibly not a bad thing in the circumstances!)

hairymonkey

OK I will do the CIFAS thing.

He wont tell us what he did spend the money on? We think that someone has been taken it from him. This is because he has sold all of his good stuff ie, he has traded in the macbook my mum brought him for a dell. He has very little and never goes out. But we are making him sell his tv and phone etc...

At the moment he has no income but is applying for loads of jobs. However I still can't see him clearing the debt. I am at a loss. I can afford to pay it off just about if i work 20/30 hours a week at uni next year on top of my final year of a physics degree. But this is going to bankrupt my mum. She is on a low income and works as a teaching assistant with children with special needs. She is going to lose everything she has worked for.

I am literally at a loss. Can someone please advise me on this.

Hannah_10

There is a man called Never-In-Doubt, what he doesn't know about unenforcibility and fraud isn't worth knowing, he's forgotten more about it than most of us will ever learn. He rarely comes round here anymore, but he has just opened his own forum. I would strongly suggest you get over there and post this. Out of everyone he's the one who would prove us all wrong and find you a better solution. A good number of MSE's finest are there too, not just NID.

Click here to go to Never-In-Doubt's new forum

dancingfairy

Gosh -what a horrible situation. Do you think somone is abusing his trust or blackmailing him etc? If you and your mum don't think he his aware of what he's done then I would definitely get the police involved -especially if he has been persuaded into it.
Otherwise like others have said it looks like you are stuck with it and in which case you and your mum would probably be wise to get some debt counselling help on the best way to deal with things - it may be that bankruptcy may be the way forward for your mum but you need to sort out whether to report it first really.
Best of Luck
df

hairymonkey

Jesus I do not know. Ive posted on that other site.

I think he knew it was wrong but got himself into a position which he didnt know how to deal with.