Hubbys ex-wife & bank account

[Emmie1983]

Im afraid this is a long one.... and complicated.

 

My husband used to be married to a EDIT, she was an edit woman, who has been the bane of our lives since we met.

Basically this (EDIT chucked my husband out (because she was having an affair, go figure!), leaving him with nothing. Then when they divorced she took him for every last penny he had, and pennies he didn't had. He ended up having to get a 10k managed loan, and his parents had to get one to help with the loans too....

Anyhow, recently he has been recieving letters from a debt collection agency claiming he owes money from an Abbey account he supposedly opened up, problem is he has never had an Abbey account. He has seen a copy of his "signature" from the bank, but although its not his signature, he can't prove it. This account was from 1999.

Does anyone have any idea where to go from here? does he really have to prove its not his signature? is there a way to do that? He tried to contact the police who sid without any proof he couldn't prove that the EDIT did anything. any idea what the next step is?

Surely he shouldn't have to pay back money that he never spent!

Any ideas gladly recieved

[Goldlady]

The debt is more than likely statute barred - if there has been no activity on the account for six years then they can't do a thing. There is a letter in the templates which he can send them - the fact that he did not sign it should not need to come into it, although it is annoying.

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Letter M should do the trick

[maroondevo52]

Hi, Emmie.

 

Send it recorded delivery and don't sign the letter. It is entirely up to them to substantiate any debt exists, you do not need to prove anything.

 

Regards.

 

Scott.

[gizmo111]

How long ago did they seperate.

Why do you automatically assume it to be fraud on the part of the ex?

Have you ahd statements from the account?

Whn was the acount last used?

[Emmie1983]

My hubbys ex wife was a thief, she stole money that was set aside for tax as he was self employed, which left him with over £6000 debts to the inland revenue. (which she admitted to)

 

She decieved him when it came to money matters, it is partly his fault for not paying attention to bills coming in, and letting her deal with it, he has always been far too trusting.

 

She even hacked his hacked his emails to find out what he was doing after them being separated, an told his family about him having a girlfriend (me) which meant his family no longer talk to him (they are very religious)

 

Although it may not sound believable, or libellous infact, but this is the truth of the matter his relationship was not built on trust in the end, just the coldness of someone elses actions, which led to over £20,000 in debts. Which i have to deal with, his burying his head in the sand hasn't helped matters.

 

I don't have any statements from the account, and it hasn't been used since they just before their divorce came through (April 2003) It no longer exists. But Abbey have passed the debt to a collection agency. My husband has hardly seen any information on the account, other than a piece of paper showing a forgery of his signature.

 

Emmie

 

ps they have been separated for 5 yrs.

[Ladidi]

Have you ever thought of asking them to proove the debt was built up by him i.e proof of bank statements, bills paid by him, cheques cashed, money paid into this account by him, ask them proove the account was used by him, what address have they got on record etc...surely to god they must have more than a peice of paper they claim he signed...and anyway aren't bank accounts signe for insied the bank? ask what proof of evidence was provided at time account was opened?

Then you should be able to ask them show the all bank statements for last 6 years. you say the account only closed in 2003..well the bank should have some sort of information on record going back 6 years...if they state they dont have this you can say state you will pay £10 charge for this information and if they dont provide you will report them to the information comissioner or OFT..

To make you pay a bill they have to proove that you owe the bill in the first place or have signed something to agree to the bill..eg credit agreement etc.