Littlewoods & Freemans CCA received ? Fraud by partners ex

[blossomgreen]

Can anyone please offer some advice.

 

My partner has recently sent CCA requsts to Littlewoods and Freemans.

 

When he lived with his ex partner turns out she opened accounts in her moms catalogue in his name and ran up about 5grands debt. They are now chasing him for the monies for the goods.

 

Freemans have sent a photocopy of a CCA but it is not signed by my partner.

 

Littlewoods have stated in their letter that they cannot locate an agreement for my partner but also provided a copy. However they have also stated the date that the account was opened...which was 8 months after my partner left his ex. CCCS have said that we must include these debts in our creditor list but I am loathe to pay for anyone elses debts.....and so now I am not sure wether to go with a DMP or take on all the other debts myself. This includes 3 creditors with unenforceable CCA's

[cerberusalert]

CCCS is in fact funded by the finance industry, so in effect any monies you are paying into the plan are being paid to themselves.

 

As for the fraudulent accounts you should report them to the police and the catalogue companies who have their own fraud department. Meanwhile send the 'in dispute' letter including into it that the account has been opened fraudulently. if he can enclose proof of his new address at the time the account was opened, that may help.

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

[cerberusalert]

You say that the CCAs you received back didn't have his signature on. By that are you saying that they are blank agreements or that his signature is a forgery?

[blossomgreen]

hi and thanx for quick response. Neither form has a signature on them. He did ask 3 times for a CCA over the phone when he informed freemans that she had ordered the goods in his name. But no response til we sent CCA request.

[cerberusalert]

This is typical of the catalogue companies. You can be a 100% certain that an enforceable agreement doesn't exist, but this in fact puts your partner between a rock and a hard place. There are two routes he can take, the first is the fraud route which again will be difficult to prove in the absence of a signature unless he can prove for certain where he was living when these accounts were opened. The other, as daft as it sounds is to go the 'unenforceable agreement' route. Without an enforceable signed agreement the catalogue company cannot legally pursue the debt, the trouble is his credit reference file will be shot.

[blossomgreen]

I think we have both learnt recently that our credit reference doesant really matter in the whole scheme of things. I agree with the issue aboiut proving the fraud....so looks like we will go down the unenforceable path. thanks