Wrongfully pursued for a debt, now have a default!

MrT2018

To clarify: It appears that I wrongfully assumed that the debt belonged to my brother's ex partner. By letting her use my name, it seems the debt is mine, right? The short of it is that when I was about 19, my brother asked if he and his partner could use my NAME for a phone contract, I agreed because I didn't know what credit, credit files, defaults etc and how important they were, I just thought I was doing them a favour, had no idea I was participating in fraud, the whole thing was a 5 minute conversation.

I have never paid a penny to any of these accounts, have never received correspondence from the phone company and the registered address (is hers, one I've never lived it) and bank accounts are hers.

So...

1. When I was younger and had no idea what I was actually doing, I agreed to let brother and his ex partner take out phone contract in my name. It was registered to her address and all payments came out of her/their bank accounts.

2. Turns out she was in masses of debt and paid virtually nothing, including this phone contract.

3. Fast forward 8 years later, EE sells 2 debts to Lowell. One is for £100 and the other £67.

4. Lowell sends me a scary letter about the first debt, in a panic, I pay the debt and brother's ex partner sends me the money afterwards, acknowledging that it was her debt, morally at least

5. Lowell sends another letter a few months later regarding the final payment of the phone contract, the remaining air time and all that, for £67. I told Lowell that I don't believe this is actually my debt, that it's not my address linked to the account and that I've never lived there (true) and that I've never paid a penny to EE (true). Lowell said they will put the account on hold whilst they investigate the matter.

6. I notice that Lowell registered a default. The account was opened on
19/04/2010 and 'settled' on 05/06/2017. I contacted Experian and asked them to remove the address of my brother's ex-partner from my credit file. Not sure if this, just feel it's not fair that I'm linked to her address, especially as it's one I've never lived it.


I'm absolutely distraught and in a panic. My credit file was otherwise perfect, never missed a single payment. My partner and I have been discussing getting a mortgage together soon but this isn't going to happen for at least 6 years with this default!

Is there any way - with her cooperation (which I can get) - that I can get liability of the debt transferred solely to her, since it's easily proved that the address, payments, usage etc are all her? And if so, can I get the default removed/transferred?

[Deleted User]

Ignore your ratings.

You need to report this to Action Fraud and the police.

Willing2Learn

ActionFraud are the police...
https://www.actionfraud.police.uk/

[Deleted User]

MrT2018 wrote: »

About 8 years ago, my brother's partner took out a phone contract in my name

I take it this was done without your permission?

MrT2018

Unfortunately, it was done with my [very limited] knowledge. I was much, much younger, had very few responsibilities, no financial understanding, certainly none of matters relating to credit/credit files and it was done in good faith.

Basically, she asked if she could take out a phone contract using my basic details (name, DOB etc) and that I wouldn't have to do anything else. Just thought I was doing my brother's partner a favour, never expected it to lead to this.

The only thing linking it to me is the fact that the account was in my name.

I've never received ANY correspondence from the phone company, especially non regarding unpaid debts etc, never paid a penny to the company etc. This was almost 9 years ago now, I'd completely forgotten about it until these debt recovery letters

Please don't tell me that I'm liable for this debt just because she used my name? Surely if push comes to shove, I can prove that my brother's ex is the one who was paying/failing to pay?

[Deleted User]

MrT2018 wrote: »

Unfortunately, it was done with my [very limited] knowledge. I was much, much younger, had very few responsibilities, no financial understanding, certainly none of matters relating to credit/credit files and it was done in good faith.

Basically, she asked if she could take out a phone contract using my basic details (name, DOB etc) and that I wouldn't have to do anything else. Just thought I was doing my brother's partner a favour, never expected it to lead to this.

The only thing linking it to me is the fact that the account was in my name.

I've never received ANY correspondence from the phone company, especially non regarding unpaid debts etc, never paid a penny to the company etc. This was almost 9 years ago now, I'd completely forgotten about it until these debt recovery letters

Please don't tell me that I'm liable for this debt just because she used my name? Surely if push comes to shove, I can prove that my brother's ex is the one who was paying/failing to pay?

You knowingly supported someone to commit fraud. Ignorance is no excuse. I suggest you pay and put this behind you.

McKneff

When did it default then

sourcrates

MrT2018 wrote: »

Please don't tell me that I'm liable for this debt just because she used my name? Surely if push comes to shove, I can prove that my brother's ex is the one who was paying/failing to pay?

Unfortunately that is the way the cookie crumbles, you allowed a 3rd party to use your details in order to obtain a mobile contract, and the account was in your name, that is all you need to prove liability, unless you go down the fraud route, but then, you are stepping into the line of fire also.


You have 4 choices :


(1) ignore Lowell, hope they go away and concentrate on easier prey (50-50 if they do or not).
(2) Protest your innocence and go down the fraud route (could get embarrassing if investigations point to you).
(3) admit defeat and pay up.
(4) explore other possibilities.........


for example you say this was all 9 years ago, can you find out if there was ever a period of 6 years or more without any payment or written acknowledgement ?


If there was, the debt could very well be statute barred, and thus unrecoverable.

D_M_E

Send EE an SAR and see what they come back with - you should be able to see when last payment was made to the account.

You may be able to ignore Lowell until you get the answer to your SAR.

As you know, ultimately you are the one who will be chased for payment and your only recourse in that situation is to report it to Action Fraud.

Should you be eventually made to pay, try getting a CCJ yourself against whoever took out the various contracts and, if you win your case, instruct bailiffs.

Also consider applying for CIFAS registration and protection.

Also note that, since you willingly gave your details to allow the contract(s) to be entered then you may also be considered to be yourself party to fraud.

[Deleted User]

You're not being wrongfully pursued.

You willingly consented to having an account put in your name, which means you are liable for the resulting debt.

Hopefully you will take this as a learning experience.

PrettyKittyKat

Irrelevant that it isn't your address and you didn't pay for it. You agreed to have an account taken out in your name, therefore you are responsible. The best you can do it make sure you get the money off your brothers ex and pay the debt off, then wait for 6 years from the default date for it to drop off your credit file.