Awkward catalogue debt advice needed please folks!

shellsuit

Hi Guys, it's been a long time since I ventured over here, but I really need your advice for an old friend who is panicking over this dilemma! I've spent ages googling for her but can't come up with any concrete advice.

2 years ago, her 16 year old son took it upon himself to order a mobile phone, online, from a home shopping catalogue. The first she knew was when it was delivered. It transpires than he knew at the time he had to be 18, so put a made up DOB on the application.

Apparantly (not sure if it's true or not as I've never bought a mobile from a catalogue) you can't return mobile phones, so after giving her son the rollocking of his life, they kept the phone and the debt was paid off, but the account wasn't closed.

Last year she needed an expensive item of furniture (corner sofa), so ordered it from the same catalogue, plus a few other items since then and has been paying monthly.

She's only been paying the minimum repayments and so the balance hasn't been going down at all, apart from a couple of pound every month.

She wants to sort something out with the catalogue, ie, ask them to freeze the interest or lower her payments, but as it's not in her name, she is stuck.

Is there anything she can do? I was wondering if there is any way that she could get the name changed on the account to hers so she can deal with it all herself? I've googled and googled but I can't find anything about someone taking over someone elses account.

She doesn't want to stop paying, as she doesn't want to affect her sons credit rating (would it though as he was under 18 and gave the wrong DOB?!) and she is scared of being accused of fraud, when she didn't set out for this to happen, but she doesn't want to spend the next X years struggling repaying this debt.

If anyone can spare any advice I can pass on, I'd really appreciate it

[Deleted User]

If the account is active and is not in your name then you should not order. If you have this could be considered fraud.
I would say that if payments default then action will be taken and the credit report will be updated to reflect.

The problem is that the account holder is now 18 and so they would be allowed to do this, the goods were taken after the account holder was 18? and if so this then means he is a responsible adult.

Another problem could be if you start to bring up the under 18 account situation this could be considered fraud. This type of post is very common, I would not think that legal action would be taken, however I am sure that the credit report would be updated under the fraud prevention section. If the account was taken before 18 the DOB must have been entered wrong or lied about.

Could this person not take out some other finance and then repay this. If they then really cant pay they could default under their own name.

I think it is pretty poor to take out accounts like this in someone elses name, the accounts are given to most people even with bad debt, so this does seem a bit strange to say the least.

Hope that helps a bit and if not gives you the reply that you need by bumping up your post

shellsuit

assj wrote: »

If the account is active and is not in your name then you should not order. If you have this could be considered fraud. This is what I've explained to her and what she is worried about.
I would say that if payments default then action will be taken and the credit report will be updated to reflect. I've told her if the account defaults, then it will be passed onto a DCA, but then the DCA will be after the son, as it's his name the account is in. That's why I'm unsure of what to advise her about this, as he was underage when he opened the account and is still underage now.

The problem is that the account holder is now 18 and so they would be allowed to do this, the goods were taken after the account holder was 18? and if so this then means he is a responsible adult. The account holder/son isn't 18 until next month.

Another problem could be if you start to bring up the under 18 account situation this could be considered fraud. This type of post is very common, I would not think that legal action would be taken, however I am sure that the credit report would be updated under the fraud prevention section. If the account was taken before 18 the DOB must have been entered wrong or lied about. Yes, I explained in the OP that the son knew you had to be 18, so entered a made up DOB, which would have made him much older than he was.

Could this person not take out some other finance and then repay this. If they then really cant pay they could default under their own name. No, she has been knocked back for a loan, as that was my first thought. How could she default in her own name, or did you mean the son would default in his own name?

I think it is pretty poor to take out accounts like this in someone elses name, the accounts are given to most people even with bad debt, so this does seem a bit strange to say the least. Nobody has taken an account out in someone elses name though, the account is in the sons name, but my friend has been using it.

Hope that helps a bit and if not gives you the reply that you need by bumping up your post

Thanks for the reply, but it's as I guessed, she's knackered unless she just keeps paying, or can get someone to loan her the money to pay the account off.

I don't know what to suggest to her, as either she will get into trouble, or her son will, and even though I know both have done wrong, it wasn't intentional for it to end up this way.

Kids hey! :cool:

[Deleted User]

Sorry I meant default the new credit agreement that paid this one.

I guess if they are both in on this then they could say it was the sons doing and hope for the best!

The problem is that people are always scared of this under 18 account situation V fraud. But they could be the first to test and succeed.

It's hard really to say purely because this is in the sons name, and to ruin his credit would be bad as you have said.

Can you not help? I wouldnt though for fear of loosing my money too...

shellsuit

assj wrote: »

Sorry I meant default the new credit agreement that paid this one.

I guess if they are both in on this then they could say it was the sons doing and hope for the best!

The problem is that people are always scared of this under 18 account situation V fraud. But they could be the first to test and succeed.

It's hard really to say purely because this is in the sons name, and to ruin his credit would be bad as you have said.

Can you not help? I wouldnt though for fear of loosing my money too...

No, they weren't both in on it, or should I say they both aren't in on it now as the son doesn't know or realise the catalogue has been used by Mum.

I think my friend figured so long as she kept up the repayments, it was all Ok, which it was, till now where she is having difficulties with the payments.

I've told her that apart from your replies upto now that I've had no joy with anymore advice and she's said that she obviously just needs to knuckle down and get the balance cleared as quickly as she can, which is what I thought from the start to be honest.

Thank you for taking the time to reply

Cherryjack

Thats not fair doing this under her sons name.. she needs to get credit to pay it off so he doesnt have an awful credit score.. becuase he will struggle getting a mortgage or car loan if he needs to in the future..she shouldnt of done this
Hope she can resolve it soon

shellsuit

Cherryjack wrote: »

Thats not fair doing this under her sons name.. she needs to get credit to pay it off so he doesnt have an awful credit score.. becuase he will struggle getting a mortgage or car loan if he needs to in the future..she shouldnt of done this
Hope she can resolve it soon

I know, you are right and I've explained this to her. I don't think she realised how bad the situation could get if she defaults on the payments.

I've told her to join up here so that people can help her tighten her belt, so that she has got more money to chuck at the debt.

I hope she takes my (our) advice and doesn't bury her head in the sand!

Cherryjack

shellsuit wrote: »

I know, you are right and I've explained this to her. I don't think she realised how bad the situation could get if she defaults on the payments.

I've told her to join up here so that people can help her tighten her belt, so that she has got more money to chuck at the debt.

I hope she takes my (our) advice and doesn't bury her head in the sand!

I think maybe if she can speak to her son about it.. and let him know? he could then call them and authorise her to speak.. atleast its out in the open then and they can sort it so she doesnt have the big worry over her head x
Also maybe she could ebay some stuff aswell.. like clothing she does not wear anymore.. and put all the proceeds from this to clear it.. its really easy i made about £400.00 in a few weeks