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Debts in someone else's name


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Hi. Been reading CAG for a while but this is the first time I've needed to post. Probably a bit of an unusual one:

 

I had loads of debts, mostly in my name, but a few run up in my brother's name. I went bankrupt, which obviously wiped out my debts. However, my brother's debts remain.

 

The debts that were incurred in my brother's name were done so with his verbal consent. These were credit cards but he never signed the application forms, I did. The balances were balance transfers to my other credit card accounts. I've read about unenforceable agreements and requested copies of the CCA. At the same time I stopped payments.

 

It took two months to receive anything back from the creditor, and all they sent me were the current terms with a letter saying that they will forward the original CCA if they have it. They also deny that they are in default. Whilst this is all going on, we're receiving the usual threats and persistent phone calls from the original creditor and DCAs (chasing up the missed payments only). They've also threatened to pass the whole account over to a DCA.

 

I'm obviously going to pursue the unenforceable agreement side of things (assuming that they either don't have the original CCA or that it is unenforceable if they do). However, I just wondered if the agreement is enforceable and it went to court, whether my brother could claim that he never signed the agreement? Would he be deemed to have accepted the terms if he said I could sign it on his behalf? Would I be considered to have committed fraud if I signed it with his permission? If the debt is assumed to be mine, would this be written off by my bankruptcy?

 

What do you think?

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This sounds very dodgy. My view is that the creditor will pursue it as fraud, as they clearly wouldn't want to enter in to such an agreement had they been mislead in to thinking that the debtors signature was his own, rather than his brothers.

 

I'll try to get some more expert advice on to this one, for you, though, as this is somewhat outside of my personal experience.

Always happy to help where I can!

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Thanks for the info so far. I guess it's a bit of a grey area in the sense that my brother said I could sign so it's not total fraud but then I accept that the creditor would've been lead to believe that it was him who signed. I'm hoping that the CCA will be unenforceable anyway.

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I guess it's a bit of a grey area in the sense that my brother said I could sign so it's not total fraud but then I accept that the creditor would've been lead to believe that it was him who signed. I'm hoping that the CCA will be unenforceable anyway.

Hate to say this but it IS total fraud. The validity of the CCA is irrelevant.

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Hate to say this but it IS total fraud. The validity of the CCA is irrelevant.

 

The validity of the CCA is relevant to my case as I'm hoping that the agreement is not enforceable. I was just wondering if I had another route to go down in the event that they do have the CCA. It's been three months since we requested the CCA and they have still not supplied it.

 

Obviously if this debt was in my name when I went bankrupt, it would have formed part of my bankruptcy. Technically, I can't make any payments towards this debt now that I am bankrupt.

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If they produce an agreement of any sort that you choose to dispute for whatever reason you cannot alter the fact that the use of the account was fraudulent. Enforceability is the least of your worries IMHO. You could well end up paying the debt to mitigate against the pressing of charges.

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They do not currently know that I signed the application form so there is no risk of it being consider fraudulent. Unless my brother or I decided to tell them, they won't know. The account was in his name, signed by me (with his permission and knowledge) and had me listed as an additional card holder.

 

At this stage we are seeking the CCA and try to contest the debt via the unenforceable credit agreement route, that so many others are doing. It's not so much that I am trying to get out of paying debts (although fair play to those who are), this is a debt I incurred that I should not be paying because of my bankruptcy. Making payments towards this would be unlawful as I would be favouring a creditor over another. If I knew I was going to end up a bankrupt, I would never have taken out credit in his name and this would have been written off - but hindsight is a wonderful thing.

 

Hopefully they won't even have the CCA but if they do, we can decide whether to contest it (as him saying it's unenforceable) or pay up.

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