Debt ran up in my name *reposted*

evienne

Hiya, reposted this from moneysaving for families for practical advice on how to maybe get the debt taken off my credit file if possible and to make it so someone has to answer secret questions before being able to take things out in my name (I think thats possible,someone mentioned it in my other thread, don't know how it works)

I have bolded some questions that I'm really worried about.

Basically my mother has ran up a debt in my name and defaulted on it for three years!!

To start from the beginning back in 2008 I was going away for a few months and forgot to put some money in the bank to cover my dd. I called my mum and she offered to take the money from my room (I was living at home temporarily) and put it in the bank for me. I was very grateful for this and though no more of it. I'd left enough money for a few months dd and so did not check my bank for around 2 months when I was away (this was very foolish of me). When I checked my bank all the dds had not been paid and I had a lot of charges. It turned out the money had never been paid in the bank. I asked my mother about this and she told me that she definitely put the money in the bank and the bank worker must have taken it!! Funnily enough the receipt machine had broken that day.

I knew deep down it was her as my sister admitted to me she had also taken money off her. My dad knew she had done it but as she was sick at the time he told me to leave it. I simply paid the debts off as I had no proof it was her.

I was angry about this but I have put it behind me until today.

I closed down the bank account after my mum took the money and have been paid cash in hand since then.

I have opened a bank account this week and created a credit expert just to make sure my file is clean as I am saving a deposit for a house.

There is a default on there from 2007 for a mail order company in the name of capquest ex jd williams. I have no idea who this company is. I have googled though and seen they are a clothes catalogue.
I did not live at home when this was taken out and definitely did not take this out, a debt of £270 was ran up and was paid every month until beginning of 2008 when the payments stopped. There is now 3 years of defaulted payments on there and of course the bill has increased to £400.

I know that my mother has ran this up, as earlier in the year I had a suspicious call from provident confirming that I can have the loan I applied for, I didnt. They said your mother said you wanted a loan. I think since we knew the worker she hoped they would give it her without seeing me. At the time I dismissed this but now it really looks like these are linked.

I am wondering if it is possible to get a catalogue in someone elses name?

Also how should I approach this, me and my mother are not close and I know if I brought this up she would never admit to this and never speak to me again.

If I ignore this I am sure I will get a ccj, is this correct?
I am liable to pay this right?

I am thinking about writing a letter to my mother telling her I will tell no-one about this if she pays this off but I don't know if this will work, most likely not.

I don't live at home anymore by the way.

I'm just devastated because me and my gf have been living really frugally to save for this house and it is unlikely I will be able to get a mortgage now with this and the bank defaults.

To make it worse I have just found out that she has been constantly going to my grandparents asking for money on my behalf and never paying it back. I would never borrow money from them, I support my family myself.

Any advice please
Thank you, sorry it's so long

jade-evie

Unless you were to press charges against your mum then I would say that yes, you are liable.

You say you are paid cash in hand- do you not put it in a bank at all? Do you pay tax on the money?

If you are paid just cash and don't declare it it would be hard for anyone, you or your mum, to obtain credit as you would have no income.

Sorry your mum has treated you this way.

NorthernLas

Op: It must be very hard to deal with knowing that your Mum has stolen your identity in the past.

There are things you can do to stop her doing it again, have a look at http://www.cifas.org.uk/avoid_being_a_victim.

In answer to your questions

1. It shouldn't be possible to open an account in another persons name, but it seems to have happened. As the other poster has said, unless the police are involved, then it is difficult to do anything about the situation.
2. You could write to Capquest and ask for your original agreement - but I guess all you would see is that the signature is not yours. So, yes you are liable. For a small amount I am not sure if they would take you to court and they may be open to a reduced settlement. However, this will not remove the default.
3. If you are on speaking terms with your grandparents, I would talk to them about money they have given to you via Mum ... at least they know from you that you are grateful for their efforts, but that you have not received any of the money.
4. You should consider getting a "CIFAS protective registration". This will make organisations do extra checks to stop the same situation in the future.

DVardysShadow

Other thread https://forums.moneysavingexpert.com/discussion/comment/46494873#Comment_46494873

DVardysShadow

NorthernLas wrote: »

In answer to your questions

2. You could write to Capquest and ask for your original agreement - but I guess all you would see is that the signature is not yours. So, yes you are liable. For a small amount I am not sure if they would take you to court and they may be open to a reduced settlement. However, this will not remove the default.

OP is not liable. Even if OP does not shop his mother, it is for the creditor to prove that OP took credit. However, if it goes to court, they may be able to prove that it was OP, if OP does not defend in order to protect mother.

pearl123

A terrible situation for you. Have you considered evienne that your mother might have a mental health problem, as she has run up depts without it seems any consideration for yourself. (She also told a rather stupid lie that "the bank worker must have taken it".)
If there is other dysfunctional behaviour it might be worth contacting her doctor.

DVardysShadow

pearl123 wrote: »

If there is other dysfunctional behaviour it might be worth contacting her doctor.

I think in these circumstances, for most people, it would be more obvious to call the undertaker.

atush

You are going to have to trun your mother in, or you will have to pay the debt. But if you dont' turn her in, you will never get a mtg as you will be in default on your CR.

And I too am worried about the 'cash in hand' thing.

Have you been to the Citizens advice bureau?

evienne

Its a tough decision and getting harder.

How long do you think before I could get a mortgage?

There are 38 defaults on there:eek:

I pay tax and ni. I work in a restaurant and the manager will not put the money in the bank for staff even those higher up. He says his staff turnover is too high and it would be too costly. I get wage packets etc. Crazy considering he brings in a yearly profit of over £1 million and has over a hundred staff.

jade-evie

evienne wrote: »

Its a tough decision and getting harder.

How long do you think before I could get a mortgage?

There are 38 defaults on there:eek:

I pay tax and ni. I work in a restaurant and the manager will not put the money in the bank for staff even those higher up. He says his staff turnover is too high and it would be too costly. I get wage packets etc. Crazy considering he brings in a yearly profit of over £1 million and has over a hundred staff.

He's probably turning over that money because he's paying his staff cash in hand.... doesn't cost anything to do a BACS transfer.... anyhow... 38 defaults?

I have one default on my record from nearly 3 years ago and I can't even get a good rate credit card let alone a mortgage at the mo. I'd day you are looking at the full 6 years.

Personally, in my honest opinion, as your mother has shown total disregard to your future you should extend the same courtesy to her...

evienne

Not 38 defaults sorry 38 missed payments I meant.

I really don't know anything about finance as I am learning today.