V12 RETAIL FINANCE FRAUD

Executor28

I am the executor of my late mothers estate who passed away last year. Since taking over as executor i have identified multiple fraudulent debts taken out in my mothers name by another family member over a 3 year period.

My mother was diagnosed with Alzheimer's before any of these credit agreements were taken out and did not have capacity to enter into any such agreement.

The person whom took out these debts was assigned as guardianship for my father who had dementia and through this capacity had access to the the joint bank accounts, id and debit cards.

V12 are pursing a debt for a retail agreement for goods purchased in store and delivered to another address. However, it was paid from my mothers account without her knowledge and the family member who did this had access to her account as advised.

I have reported this to the police, provided all evidence of financial abuse, provided this to the creditor, relayed the items were never received by my mother and the contact made was never with my mother. I have also relayed in detail how my sister was bale to do all this without my mothers knowledge.

However, v12 are simply negligent in their dealings. They are somewhat dismissive in their investigation. Despite this all being relayed i cant seem to get them to investigate this as fraud. They suggested as it was taken out in store and payments were made my mother must have been aware. They are taking no acknowledgement of the fact she lacked capacity and could not enter into any agreement. I also do not suspect she was ever in any store with my sister having access to her account's and personal information.

The last reply i received from them was that we will contact you back after we have reviewed your case and "see what we can do if anything". They haven't even acknowledged how distressing this is as a family. I have identified to date it appears there has been £750 paid towards a debt my mother does not owe. However, that im my capcity as executor i do not seek reimbursement, only that the remaining £900+ is not pursued form the estate. Should it be this difficult ot have this company actually invetigate? It is clearly fraud as other creditrs have acknlwedged and written off their respective balance aafter incvestigation. However, this company have been somewhat distasteful and unenpathetic in all their dealings to date.

born_again

https://forums.moneysavingexpert.com/discussion/6656051/v12-retail-finance-fraud

Sorry for the mess this has left you.

The person whom took out these debts was assigned as guardianship for my father who had dementia and through this capacity had access to the the joint bank accounts, id and debit cards.

Do you mean power of attorney?

Not sure what company can investigate if said person used your fathers ID & card. They will have access to nothing more than name, card details & adress delivered too.

Can you not take it forward with said person & get them to repay?

Executor28

https://forums.moneysavingexpert.com/discussion/comment/81891209#Comment_81891209

The person who has did this was my sister. She had a guardianship order which allows her to make all decisions on behalf of my late father who lacked capacity due to dementia. This gave her access to both only the family home but all accounts and personal information relating to his finances. As the accounts were joint this gave her direct access to the funding. It is through this access and as my mothers own health deteriorated due to her Alzheimer's diagnosis that she abused this position and began to obtain finance in my now late mothers name. There is a clear pattern of abuse and as i mentioned one of the creditors has since written a credit card balance off that was evidenced as fraud. The issue i am facing is that v12 are truly awful in their dealings. No empathy, all insinuation, and fundamentally despite being reported as fraud to the police and a detailed record of events, they dont appear to be investigating as such. They appear to be treating it as more of a dispute with their comments like "we will see what we can do if anything. There is more than adequate infomration and evidence of fraud for it to be treated as such.

Executor28

Also my sister, ceased all communication as soon as the fraud came to light. She will not respond to the estate or the law firm asigned to support. The police at this point are limited in what they can do until a full investigation can take place and we have been advised by the lawyer that we may need to take seperate legal action against this person on behalf of the estate. The fact is all this is cost and expense at an already distressing time. The police are satisfied based on the evidence provided that fraud has taken place. This same information has been given to the creditors, some of whom have since written offf the balance. the issue is that v12 are ignoring the fact that we have evidenced this is fraud under the guise of "were not responsible though". Where they are correct this does not detract from the fact they are aware they are pursing a non liable estate for a fradulant debt .

Nasqueron

Until the police sort their investigation, the firm cannot assume anything about the debt

born_again

https://forums.moneysavingexpert.com/discussion/comment/81891240#Comment_81891240

Unless she had POA or a 3rd party mandate registered with the bank. She had no right to access or use bank accounts.

So it is down to police to take forward, but from experience they do not like to get involved in family matters like this.

_Penny_Dreadful

@Executor28 is this in Scotland by any chance where a Sheriff Officer appointed your sister as a guardian?

penners324

DDeduct These amounts from any inheritance your sister receives.